Alan Dershowitz: Joe Biden is right — and so was President Trump

[DavidPT]

That article accuses the president of “obstruction of Congress” for doing essentially what Biden said he would do, namely demanding a court order before he would comply with what he believes to be partisan subpoenas issued by one chamber of Congress. The chambers involved are different, as Trump has refused to comply with subpoenas from House Democrats, while Biden said he would refuse to comply with subpoenas from Senate Republicans, but the principles and legal issues are strikingly similar.

Put another way, by echoing Trump, Biden has provided the president with an airtight defense to the second article. If Biden is not obstructing the Senate by his refusal to comply with a Senate subpoena, how could Trump be guilty of obstructing Congress by refusing to comply with the House subpoenas absent court orders? The shoe is now on the other foot and causing blisters for Democrats. It could also be uncomfortable for Republicans, who may have to acknowledge that Biden has a point.

Alan Dershowitz: Joe Biden is right — and so was President Trump


Let me guess though, keeping in mind, just an educated guess. Since it's Trump being charged with obstructing Congress, if only it was any other President instead, just not him, some in here, meaning the ones who adamantly oppose Trump at all costs, can see themselves maybe agreeing with Dershowitz's point here. But since it's Trump we are talking about here, in that case we have to, with bias, disagree with Dershowitz's point altogether.

 

[Hank77]

OR Joe Biden is Wrong to demand that the courts should force him to comply with a legal subpoena issued by the Congress.

 

[DaisyDay]

That article accuses the president of “obstruction of Congress” for doing essentially what Biden said he would do, namely demanding a court order before he would comply with what he believes to be partisan subpoenas issued by one chamber of Congress. The chambers involved are different, as Trump has refused to comply with subpoenas from House Democrats, while Biden said he would refuse to comply with subpoenas from Senate Republicans, but the principles and legal issues are strikingly similar.

Has Biden refused to hand over any and all documents asked for? Has he instructed everyone who worked for him to ignore subpoenas? Has he dangled clemency in front of witnesses who were supposed testify?

 

[The_Barmecide]

I'm tired of a bunch of overprivileged white men getting to decide when they are going to follow the rules and when they are going to "opt out". If you're subpoenaed legally, comply. End. of. story.

 

[The_Barmecide]

....

 

[Hank77]

I'm tired of a bunch of overprivileged white men getting to decide when they are going to follow the rules and when they are going to "opt out". If you're subpoenaed legally, comply. End. of. story.

Yup, and bring a good attorney with you. Biden's in a position to not answer some questions if they are relevant to national security.
What shouldn't be allowed to happen is to put Biden on trial at an impeachment trial of Pres. Trump.
Does Biden have any information/evidence relating to what was going on during the Trump administration, any of the people involved such as Giuliani, Bolton, the ambassadors, etc., why was the memo of the phone call being hidden from people who would normally have access to this type of call, etc.?
Maybe he could try to explain Crowd Strike, which should be amusing.

 

[DavidPT]

Yup, and bring a good attorney with you. Biden's in a position to not answer some questions if they are relevant to national security.
What shouldn't be allowed to happen is to put Biden on trial at an impeachment trial of Pres. Trump.
Does Biden have any information/evidence relating to what was going on during the Trump administration, any of the people involved such as Giuliani, Bolton, the ambassadors, etc., why was the memo of the phone call being hidden from people who would normally have access to this type of call, etc.?
Maybe he could try to explain Crowd Strike, which should be amusing.

How can Biden not be relevant to Trump's case? Take Biden out of the picture, there would be no case to begin with. If Joe and Hunter Biden had not been brought up during the phone call in question, what exactly would the Democrats be charging Trump with to begin with, in regards to that call?

 

[Hank77]

How can Biden not be relevant to Trump's case? Take Biden out of the picture, there would be no case to begin with. If Joe and Hunter Biden had not been brought up during the phone call in question, what exactly would the Democrats be charging Trump with to begin with, in regards to that call?

What evidence can Joe Biden add?

 

[stevil]

I'm tired of a bunch of overprivileged white men getting to decide when they are going to follow the rules and when they are going to "opt out". If you're subpoenaed legally, comply. End. of. story.

This is the impeachment process.

It is a political process rather than a legal process, so now comes down to the public to decide.
The case is about Trump and whether he did a shake down on the Ukraines for a personal favour and interference in the next election.

The witnesses subpoenaed by the Democrats have direct knowledge of this shake down. Joe Biden has no knowledge other than what has been made public with regards to the shake down.

In all legal trials, the judge decides if a witness is relevant and should be allowed. In the Senate and house trials, hearings. It is first upto the elected officials to vote on who should be a witness and then upto the public (in the next elections) to either support or punish what went on in the trials and hearings.

If the public think Joe should have testified but didn't, then they can punish Joe and the Democrats. If they think that Joe shouldn't have been a witness then they can punish the Senate Republicans who voted to have him testify.

The power is in the public's hands, whether they are to support along partisan lines or whether they are to support a fair trail and the constitution.
It just depends what is important to the USA people.

If constitution is what is most important, then I see that USA has a future.
If partisan is what is most important, then I don't see that USA has a future. Certainly not as a democratic country.

 

[KCfromNC]

That article accuses the president of “obstruction of Congress” for doing essentially what Biden said he would do

Fair enough, impeach and remove both of them from their job as President of the United States of America.

Oh wait...

 

[KCfromNC]

How can Biden not be relevant to Trump's case?

He wasn't there for any of the discussions Donald had with his employees. Therefore, according to the far-right stories we've heard over and over and over that makes anything he'd possibly say hearsay and inadmissible in any court of law.

Yeah, I know, the spin like that isn't supposed to be taken seriously or applied consistently - it is just an excuse to trot out instead of actually addressing the content of testimony. But it is amusing how quickly those excuses are forgotten when it is convenient.

 

[grasping the after wind]

Fair enough, impeach and remove both of them from their job as President of the United States of America.

Oh wait...

Biden, as a private citizen, can be jailed for obstruction or contempt or whatever the Senate wishes he be charged with instead of being impeached. Trump, according to the prevailing legal opinions,cannot be tried while in office except through the impeachment process.

 

[KCfromNC]

Biden, as a private citizen, can be jailed for obstruction or contempt or whatever the Senate wishes he be charged with instead of being impeached.

Might want to wait for an actual crime to happen before getting to excited about putting Donald's political rivals in jail.

And given he couldn't even live up to his promise to lock up Clinton, I'd imagine some more patience might be required. The guy is simply not very good at his job.

 

[grasping the after wind]

Might want to wait for an actual crime to happen before getting to excited about putting Donald's political rivals in jail.

And given he couldn't even live up to his promise to lock up Clinton, I'd imagine some more patience might be required. The guy is simply not very good at his job.

No one told the House to wait for an actual crime to be committed.

 

[Bobber]

Put another way, by echoing Trump, Biden has provided the president with an airtight defense to the second article. If Biden is not obstructing the Senate by his refusal to comply with a Senate subpoena, how could Trump be guilty of obstructing Congress by refusing to comply with the House subpoenas absent court orders? The shoe is now on the other foot and causing blisters for Democrats. It could also be uncomfortable for Republicans, who may have to acknowledge that Biden has a point.

Alan Dershowitz: Joe Biden is right — and so was President Trump

Uncomfortable for Republicans? Why? You failed to put down the next thing said by Dershowitz,

"To be sure, there are some differences in degree. Trump is the president, whereas Biden is a private citizen running to become president. But that important difference favors Trump, who has the constitutional power to invoke executive and other presidential privileges. Biden lacks any such power as a private citizen." Alan Dershowitz

 

[KCfromNC]

No one told the House to wait for an actual crime to be committed.

The whistle-blower reported concerns about a crime being committed. And then the White House released a summary of one of Donald's calls confirming the same.

I'm not sure how you missed it - it has been all over the news the past few months.

 

[KCfromNC]

Uncomfortable for Republicans? Why? You failed to put down the next thing said by Dershowitz,

"To be sure, there are some differences in degree. Trump is the president, whereas Biden is a private citizen running to become president. But that important difference favors Trump, who has the constitutional power to invoke executive and other presidential privileges. Biden lacks any such power as a private citizen." Alan Dershowitz

Have any of Donald's employees actually invoked executive privilege?

 

[DavidPT]

Uncomfortable for Republicans? Why? You failed to put down the next thing said by Dershowitz,

"To be sure, there are some differences in degree. Trump is the president, whereas Biden is a private citizen running to become president. But that important difference favors Trump, who has the constitutional power to invoke executive and other presidential privileges. Biden lacks any such power as a private citizen." Alan Dershowitz

I assumed one would look at the article in full at the link provided, so I only provided a sample from it. As to why Dershowitz said it was uncomfortable for Republicans, that struck me as odd. I didn't get why he concluded that, I still don't.