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The Jan. 6 Committee's Referral Is Unconstitutional

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Posted By: Moritz55, 12/21/2022 10:40:20 AM

The Jan. 6 Committee has voted to refer former President Donald Trump to the Justice Department for possible criminal prosecution. This referral violates both the letter and spirit of the Constitution for at least two reasons. First, Article 1 of the Constitution grants Congress "all legislative powers" and only "legislative powers." Under our system of separation of powers, the power to prosecute lies exclusively with the executive branch through the justice department. Congress has no authority to refer specific individuals for prosecution. It is beyond the scope of its constitutional authority. Second, Congress is specifically denied the power to pass any "bill of attainder."

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Reply 1 - Posted by: Vaquero45 12/21/2022 10:48:13 AM (No. 1361745)
Exactamundo. When Alan Dershowitz says it’s unconstitutional, You’d better listen.
56 people like this.

Reply 2 - Posted by: weejun 12/21/2022 11:08:59 AM (No. 1361763)
Newsflash for Alan Dershowitz: the democrats decided a long time ago they could ignore the Constitution and avoid any adverse consequences; ergo, they don’t give a rat’s patoot about someone - even a noted constitutional scholar - calling this latest shenanigan “unconstitutional.”
52 people like this.

Reply 3 - Posted by: Dodge Boy 12/21/2022 11:11:27 AM (No. 1361766)
Mr. Dershowitz, I again appreciate your opinion. But it should be more than obvious what your party thinks of our Constitution and their plan to replace it. After you commented the other day about the J6 referral of Trump to the department of jokesters, one of our astute L.dotters posed the question why you are still a dim. I will repeat the question - why are you still a dim?
42 people like this.

Reply 4 - Posted by: stablemoney 12/21/2022 12:07:04 PM (No. 1361831)
I don't think Merick Garland, Joe Biden, or the Democrat Party is at all concerned about violation of the "spirit" of the law.
42 people like this.

Reply 5 - Posted by: ThreeBadCats3 12/21/2022 12:54:58 PM (No. 1361870)
The recent book Bibi, by Netanyahu, is nonstop interesting. I hadn’t realized that he was persecuted continuously by his political opponents. Most of the accusations which were invalid. This seems to me very similar to the continuous attacks on Donald Trump. Usually the motive for these assaults is political and without real foundation. Seems to me that only a greedy fool, narciscist or an actual patriot, admittedly rare, would choose politics
21 people like this.

Reply 6 - Posted by: bad-hair 12/21/2022 12:57:04 PM (No. 1361872)
Elect him, impeach him, and if that doesn't work impeach him again after he's no longer president. And congress wonders why voter don't take them seriously ???
39 people like this.

Reply 7 - Posted by: bpl40 12/21/2022 1:52:37 PM (No. 1361928)
Barack Hussein claiming to be a Natural Born Citizen and occupying the White House is unconstitutional. Did it make any difference?
40 people like this.

Reply 8 - Posted by: Foghorn 12/21/2022 2:29:06 PM (No. 1361949)
Should the Democrats decide to go ahead with the prosecution of Trump they may be surprised by the results. The investigation and hearings were all one-sided, only negative reports that were not questioned. Cross examination may prove there was less to the "insurrection" that portrayed by the general public and news media.
18 people like this.

Reply 9 - Posted by: RuckusTom 12/21/2022 6:49:55 PM (No. 1362144)
That "bill of attainder" thing is specifically stated in the Constitution.
14 people like this.

Reply 10 - Posted by: doctorfixit 12/21/2022 11:15:42 PM (No. 1362277)
The US Constitution is irrelevant to Washington DC
19 people like this.

Reply 11 - Posted by: mifla 12/22/2022 5:13:04 AM (No. 1362349)
So was the student load forgiveness and Roe vs Wade. Dems don't care about the Constitution.
17 people like this.

Reply 12 - Posted by: LaVallette 12/22/2022 5:40:19 AM (No. 1362358)
When do the issue of "abuse of legal and Congressional Process for purely poltical purposes" and "perosnal persecution through lawfare" both while POTUS and now as a private citizen eversince, kick in?. If they intend to try to "write off" Trump as an anti establishment "aberration" in Amertican Hitory, he will certainly go down as the most "legally abused and persecuted" President in American history.
14 people like this.

Reply 13 - Posted by: cgood 12/22/2022 7:41:03 AM (No. 1362414)
I have appreciated Dershowitz’s intellectual honesty on a number of previous occasions, but he loses me here when he refers to the special prosecutor and suggests that he is someone who will come to an objective, lawful conclusion. There is clearly no chance of that happening and Alan Dershowitz should know that.
12 people like this.

Reply 14 - Posted by: Calvinesq 12/22/2022 7:50:13 AM (No. 1362424)
Dersh quotes a South American dictator saying "for my friends everything; for my enemies the law!" That's it, right there. We are living in a banana republic. "Rules for thee, not for me" attitude is paramount. Socialism and other dictatorial systems produce an elite that will use all means to increase ite power, including having its secret police (FBI) crack down on opponents in order to retain the elite's power. This is now where we are. Dersh: One other thing. Watch your back. The elite will turn on you.
18 people like this.

Reply 15 - Posted by: Strike3 12/22/2022 8:42:17 AM (No. 1362490)
Obama locked the Constitution away in a closet for eight years and Biden returned it to its hiding place. They use their power of Executive Order like it was toilet paper. In Joe's case, somebody uses it for him.
11 people like this.

Reply 16 - Posted by: Krause 12/22/2022 9:06:58 AM (No. 1362510)
This 'committee' was not something the people wanted. Therefore, they should give back the amount of wages we paid these radicals for time wasted on this. They can do pretend stuff on their own time.
7 people like this.

Reply 17 - Posted by: Jethro bo 12/22/2022 10:35:14 AM (No. 1362578)
I once thought Dershowitz was a wise learned lawyer. Now I see he is nothing but a muttering, senile, naive old coot. He actually bellies there is a constitution and rule of law in this country. Since Obambi, there is nothing close to a constitution and rule of law. Maybe when Ole Alan was a young man, there was a rule of law. But not now. Democrats flushed the rule of law sown the toilet long ago. Trump will be invited. He will be put on trial. He will get convicted. All in a DC or NY court room. Dems know how to steal convictions as well as steal elections. Alan believes that the US is a shining city on a hill. We all know it is nothing but rotting bananas at the bottom of a swamp.
6 people like this.

Reply 18 - Posted by: Zigrid 12/22/2022 11:14:28 AM (No. 1362637)
It's not about it being constitutional...Alan...it's about political kabuki theater...they know it's illegal...but they don't care because the fake news and social media useful idiots hate President Trump more than they love our country...the biden crime family are small potatoes compared to the corruption in the Washington swamp...beginning with nervous nancy and schummer and McDonnell ....the swamp is a cesspool of paid off politicians along with K street lobbyists hangers on...the pentagon got it's lucrative war in Ukraine and the omnibus bill got them more taxpayers money...and nervous nancy eats Peking duck while Americans struggle for gas and food money....
6 people like this.

Reply 19 - Posted by: Venturer 12/22/2022 11:38:53 AM (No. 1362669)
What do they care. The people they have locked up are locked up illegally too.
7 people like this.

Reply 20 - Posted by: PrayerWarrior 12/22/2022 11:40:40 AM (No. 1362673)
And the man behind the curtain pulling the strings, is Obama, along with his good friend Soros. These two evil puppeteers are behind trying to destroy and bring down the greatest nation God has ever created and founded.
6 people like this.

Reply 21 - Posted by: mc squared 12/22/2022 11:59:23 AM (No. 1362685)
Democrats and a good number of RINOs know that but the news is out, and Trump's guilt or innocence will be determined in the media.
2 people like this.

Reply 22 - Posted by: GoodDeal 12/22/2022 12:02:59 PM (No. 1362689)
Hahahahah! Constitutional? Everything they do is unconstitutional. What's the Constitution got to do with anything anymore? We have been in a post-constitutional era for years. That's why the country is in the condition it is.
4 people like this.

Reply 23 - Posted by: NotaBene 12/22/2022 1:33:20 PM (No. 1362738)
We need a Trump Legal Offense Fund. I donate to America First Legal (run by Stephen Miller) but this for multiple things. The LindellLegalOffenseFund has been very effective.
3 people like this.

Reply 24 - Posted by: Speedy2 12/22/2022 2:28:36 PM (No. 1362777)
UNCONSITUTIONAL Deport those who fail to follow the Constitution.
4 people like this.

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The Jan. 6 Committee has voted to refer former President Donald Trump to the Justice Department for possible criminal prosecution. This referral violates both the letter and spirit of the Constitution for at least two reasons. First, Article 1 of the Constitution grants Congress "all legislative powers" and only "legislative powers." Under our system of separation of powers, the power to prosecute lies exclusively with the executive branch through the justice department. Congress has no authority to refer specific individuals for prosecution. It is beyond the scope of its constitutional authority. Second, Congress is specifically denied the power to pass any "bill of attainder."
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