Democrats who vowed to impeach Brett Kavanaugh even before he was sworn in as associate justice of the Supreme Court will have to contend with the Constitution, points out Harvard Law School Professor Emeritus Alan Dershowitz.
Kavanaugh could not be impeached on the grounds of the accusation by Christine Blasey Ford of sexual assault 36 years ago, because it pertains to alleged actions as a private citizen, Dershowitz explained in an interview with Fox News.
Further, he said, the Constitution would not “permit using the laws of perjury, which are very tough.”
Dershowitz also believes Democrats would pay a high political price.
“That would be absolutely foolish, inconsistent, and hypocritical,” he said. “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.”
The Washington Examiner noted Rep. Jerrold Nadler, D-N.Y., has indicated the House Judiciary Committee might investigate Kavanaugh if his party retakes the majority in November and he becomes the panel’s chairman.
President Trump told reporters at the White House on Monday that the American public wouldn’t put up with an attempt to unseat Kavanaugh.
“The American public has seen this charade, has seen this dishonesty by the Democrats,” he said.
The Constitution states that articles of impeachment can be brought only against a judge who no longer exhibits “good behavior.”
The accusation by Ford delayed the vote on Kavanaugh’s confirmation, putting it in doubt as the psychology professor testified before the Senate Judiciary Committee, followed by the judge’s emphatic denial and impassioned rebuttal.
Kavanaugh was sworn in Saturday evening after the Senate narrowly confirmed him, 50-48, with only one Democrat voting yes.