Dershowitz: Dems ‘Hypocritical’ for Calling for Kavanaugh’s Impeachment

By Melanie Arter | October 8, 2018 | 4:12 PM EDT

Liberal Harvard Law professor Alan Dershowitz (Screenshot)

( - Liberal Harvard Law professor Alan Dershowitz told Fox News on Monday that it would be “absolutely foolish, inconsistent, and hypocritical” for Democrats to try to impeach Supreme Court Justice Brett Kavanaugh, considering they were against former President Bill Clinton being impeached for “lying about his sex life.”

“That would be absolutely foolish, inconsistent, and hypocritical. Those who believe that Bill Clinton should never have been impeached for allegedly lying about his sex life are now going to lead the campaign to impeach Kavanaugh for allegedly lying about his sexual and drinking activities back when he was a 17-year-old. It’s hypocrisy run rampant,” Dershowitz said.


Furthermore, he said the Constitution doesn’t allow for the impeachment of a sitting justice for something he did as a private citizen decades ago.

“The Constitution would not permit impeachment of a sitting justice for actions he while a private citizen 35 years ago, nor I think would it permit using the laws of perjury, which are very tough. They have to be about a material fact. It has to have been a deliberate lie, not forgetfulness, not a boast, not an exaggeration, but a willful deliberate lie about a material fact. I think that the Democrats are shooting themselves in the foot,” Dershowitz said.

He said Kavanaugh should be judged on his performance as a Supreme Court justice. He also expressed outrage at Harvard Law School for not allowing Kavanaugh to teach there. He compared it to McCarthyism in the 1950s.

“We ought to be moving forward. Let’s judge Justice Kavanaugh on his performance as a justice of the Supreme Court. I’m particularly outraged at my colleagues and students at Harvard Law School, those of them who have made it impossible for Kavanaugh to continue to teach there,” Dershowitz said.



“It’s rampant McCarthyism at its worst, reminiscent of what I experienced when I was student at Brooklyn College in the 50s when professors were fired because it was suspected that they when 17 or 20 years old, they might have been members or fellow travelers of the Communist party. We just have to put an end to this, and these kinds of vengeance inquisitions have to stop,” he added.

Dershowitz called for the Democratic Party to become more mainstream and look to the future.

“I think the leadership of the Democrat Party have to take control over their rogue members and has to be able to tell individuals like Maxine Waters, who says she wants to impeach virtually everybody for everything, including Mike Pence. That’s not what the Democratic Party is all about. The Democratic Party has to become more mainstream. It has to look to the future,” he said.

Dershowitz also said the American Civil Liberties Union (ACLU) has lost its credibility and wondered how it will appear before the Supreme Court after having alienated at least of the Supreme Court justices.

“Look, the Democrats lost this election. The president was going to appoint a conservative. If it wasn’t Kavanaugh, it would have been some other conservative, maybe somebody even to the right of Kavanaugh. And the idea of searching for reasons not to confirm and violating all kinds of due process, and now comes the ACLU, which puts money before principal, and my question for the ACLU is how are you going to appear in front of the Supreme Court now?” Dershowitz asked.

“You’ve clearly alienated at least one of the justices, maybe even more. I think the ACLU has lost its credibility as a litigation arm of the progressive cause, and they may have to recuse themselves when they come in front of the Supreme Court. This has become a total mess, and we have to begin to move forward and not take revenge for past losses,” he said.

Rep. Jerrold Nadler (D-N.Y.) has called for the Senate to investigate Kavanaugh, and if they do not, the House should.



When asked what advice he would give Nadler, Dershowitz said, “First of all, do not, do not move toward impeachment. He hasn’t mentioned the ‘I’ word impeachment yet. As far as an investigation is concerned, let the investigation be about the confirmation process. Let’s have a bipartisan investigation and see if we can improve the process, maybe have more checks, FBI checks, prior to a nominee being nominated so we don’t have these kinds of surprises - ongoing investigations.

“There are things we can do - maybe have a commission that nominates to the president the 10 most distinguished people who could serve on the Supreme Court and let the president pick from that instead of picking from the Federalist Society. There are a lot of things that can be done to improve the process. Investigating Kavanaugh is not one of them. Impeaching Kavanaugh is certainly not another of them,” he added.


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