DEYAN RANKO BRASHICH was born in Belgrade, former Yugoslavia, and is an Op-Ed columnist for Connecticut's Litchfield County Times.  He writes the monthly Letter From America column for Romania’s Scrisul Romanesc, a literary magazine and is the Editor-at-Large for  The Country and Abroad, another literary/art magazine where he authors the Dispatch from Abroad column. He is a frequent contributor to Pecat, the Belgrade, Serbia weekly news magazine, Britić, a magazine published in the United Kingdom, Ekurd Daily, a multinational Kurdish news portal and Passport, a lifestyle quarterly. He resides in New York City and Washington, Connecticut.

 

 

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Thursday
Dec212017

ALAN DERSHOWITZ IS BEYOND HIS “PAST USE BY” DATE

Alan Dershowitz is a retired constitutional and criminal law professor who made his bones defending the likes of Mike Tyson, Patty Hearst, O. J. Simpson, Jim Bakker and Claus von Bülow. He is now gratuitously defending Donald Trump in the press and media.

Over decades he championed many a good cause, some I supported, others I did not. In the past, I had high regard for his legal acumen. As of now, I harbor doubts as to his mental state.

Appointed in 1967 at the age of 28, the youngest ever full professor at Harvard University Law School, he is now in the throes of dotage - the poster child for the proposition that old age may bring on senility. His recent comments on the controversies surrounding President Trump, his campaign and the current administration proves that he is well past his “due”, “use by” or “pay attention to” date.

Recently he made the following pronouncement: As a matter of law “sitting presidents cannot be indicted, prosecuted, or tried while serving in office”. Dershowitz further posits that before indicting a president he “must first be impeached and removed from office before … [being] … charged with a crime”.   

Taken at face value, his legal opinion insulates a sitting president from prosecution. Bullshit, says I! Should Donald Trump in a jealous rage kill Melania in the Oval Office, Dershowitz believes him immune from prosecution. Bullshit, I repeat!  

The murder would be in violation of Title 18 United States Code 1111 [Murder] and/or ¶22-2201 District of Columbia Code [Murder in the First Degree]. Trump would be arrested, indicted and tried. To suggest that President Trump would first have to be impeached and removed from office is patently ridiculous on its face.

The impeachment provision of the United States Constitution provides for the removal from office of a sitting president and other high federal officials. It does not speak to the prosecution for crimes committed while in or before assuming office.

The same should hold true for any crime committed by a sitting president. To claim otherwise would bring us back to a “l’état, c’est mois” rule, certainly not a democracy where all are equal before the law.

 

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