Dershowitz: Rosenstein Impeachment 'Shortsighted,' and 'Stupid'

Harvard Law professor Alan Dershowitz, the author of "The Case Against Impeaching Trump," Thursday made a case against impeaching Deputy Attorney General Rod Rosenstein, calling the move "stupid" and "shortsighted" and accusing House representatives of giving Democrats "a present" they can use against President Donald Trump.

"It is the most shortsighted, and I have to say stupid thing I have heard in a long time," Dershowitz told Fox News' "America's Newsroom." "Here we have a present to the Democrats who are trying to impeach Trump, and if they gain the House of Representatives, they will almost certainly do so."

The big issue, said Dershowitz, is whether a president or anyone else ben be impeached if they are not charged with specific crimes, "just because you disagree with what he has done."

"Now you have the Republicans making the case for the Democrats who want to impeach the president by offering bills of impeachment and not charging crimes," said Dershowitz. "I'm going to have to write a new book called 'The Case Against Impeaching rod Rosenstein.' The same arguments apply. This is so shortsighted. Both sides do this. They use criminal law to go after their enemies, the use impeachment to go after their enemies."

When that happens, the American public is the biggest victim, he continued.

"Impeachment is supposed to be there for serious crimes, treason, bribery, other high crimes and misdemeanors," said Dershowitz. "If you don't like the way Rod Rosenstein is responding to your subpoena, charge him with contempt of court. Bring him to court, but do not use impeachment. That just helps the Democrats who are trying to impeach President Trump."

On Wednesday, Rep. Mark Meadows, R-N.C., the head of the conservative Freedom Caucus, and caucus founding member Rep. Jim Jordan, R-Ohio, filed the articles of impeachment after months of frustration from House members who have not received documents subpoenaed in connection with the ongoing Russia probe and a surveillance warrant against former Trump aide Carter Page.

The articles also claim the deputy AG has a conflict of interest in special counsel Robert Mueller's investigation because he is a "witness" who could be called to testify.

The articles include a series of allegations against Rosenstein, including that Rosenstein has a conflict of interest in Mueller's probe because he is a "witness" that could be called in the ongoing investigation into potential abuse.

But Dershowitz said they do not have a case for impeachment, because there was no crime committed.

"Again, read my book," he said. "I lay out all the arguments that they did not want to see anybody impeached, unless they committed treason, bribery, or other high crimes. They rejected a proposal that said maladministration or doing the kinds of things that Rosenstein is accused of doing."

If they don't like his actions, then there are contempt charges that can be filed, but impeachment "really will backfire," said the law professor.

Democrats will respond by using the argument to impeach Trump, Dershowitz said, as "both sides misuse the impeachment process."

"We have to stop at weaponizing impeachment, stop weaponizing criminal law," he said. "If you don't like what somebody does. [bring] a vote against them, bring them to court, but do you do not use criminal law to target your political enemies. It is a serious mistake, and it will backfire."

The House is preparing to go on recess until Sept. 4, as of Friday, but Dershowitz said a vote can't be forced on impeaching Rosenstein.

"You have to have hearings," he said. "You need to have evidence. You can't just create a bill of impeachment and then vote on it."

In the past, such as with President Bill Clinton, impeachment proceedings take weeks or even months of hearings, said Dershowitz.

"You can't just vote on the impeachment," he pointed out. "That would be an abdication of responsibilities...I don't think it should ever be voted on. It is a big mistake and will backfire against Republicans. It will backfire against the Democrats if they try to use it against Trump. Let's just take impeachment off the table. "