Alan Dershowitz, Harvard Law professor emeritus, told Newsmax on Tuesday that President Donald Trump could pursue unprecedented remedies after newly declassified intelligence records allegedly showed a coordinated effort within the intelligence community to support Trump's 2019 impeachment.
The documents were released by Director of National Intelligence Tulsi Gabbard.
Dershowitz argued on "Bianca Across the Nation" that the revelations, if proven, would have dramatically altered the outcome in the House and raised serious constitutional concerns about the legitimacy of the impeachment itself.
Trump was impeached by the House in December 2019 on charges of abuse of power and obstruction of Congress related to his dealings with Ukraine, and he was acquitted by the Senate in early 2020.
"If this were a criminal case, I would be in court today seeking to overturn the conviction or dismiss the indictment because government officials willfully and deliberately withheld exculpatory evidence," Dershowitz said. "Had they had this evidence, I'm sure there are many Democrats who would never have voted to impeach."
A June 2026 news release from the Office of the Director of National Intelligence said newly declassified materials point to what it described as a coordinated effort by intelligence officials to shape a narrative that contributed to impeachment proceedings during Trump's first term.
Dershowitz said impeachment, unlike a criminal trial, offers no clear mechanism for reversal, leaving Trump in largely uncharted legal territory.
"This is not a criminal prosecution. It's impeachment. It's a constitutional procedure," he said.
"And what's the remedy for it? The answer is, no one knows," added Dershowitz.
He outlined two possible paths, both without precedent. One option would be for Congress to revisit the matter.
"One of the options is to go to Congress and to convene a committee of Congress, asking them to rescind the 2019-2020 impeachment provisions because they were based on unconstitutional information," Dershowitz said.
Another — more unlikely — route would involve the Supreme Court.
"The other possibility, which is obviously a stretch, would be to go to the chief justice who presided over the quasi-judicial proceeding," he said, referring to Chief Justice John Roberts.
"Had I had this information, obviously, I would have made an even stronger argument," said Dershowitz.
He also stressed accountability as a deterrent against future abuses.
"If it was a deliberate withholding of evidence, it's an obstruction of justice," he said. "The best way to prevent it from happening is to use deterrence, and that is go after the people who did it this time, make them pay a very heavy price."
Without consequences, Dershowitz warned, similar efforts could recur.
"They will do it if the Democrats control Congress; they will impeach the president again," he said. "They're also trying to invoke the 25th Amendment … but they're using it politically. That has to stop."
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