While he wants the Democrats to regain control of the House, civil liberties legal expert Alan Dershowitz warns against "a revenge inquisition" into Supreme Court Justice Brett Kavanaugh.
"Because I am a liberal Democrat, I want to see the House flipped to my party as an important check and balance between the executive and legislative branches," Dershowitz wrote in a Fox News opinion piece. "But what I don't want to see is a Democratic House abuse its authority by conducting vengeful impeachment proceedings against Kavanaugh.
". . . an investigation of 36-year-old charges against a sitting justice would be an abuse of the powers of Congress.
"Such an investigation would simply be partisan payback for Kavanaugh’s confirmation."
Dershowitz noted a justice has never been impeached and removed, acknowledging a potential perjury investigation against Justice Kavanaugh for the purpose of impeachment, "but that would be a ploy, somewhat akin to the phony perjury grounds used to impeach President [Bill] Clinton."
"But when it comes to revenge politics, hypocrisy is the coin of the realm and don't expect consistency from zealots in either party," Dershowitz wrote.
With Justice Kavanaugh on the bench, Dershowitz predicted, "we can expect conservative rulings coupled with excellent judicial demeanor."
"It would not surprise me — indeed it would please me greatly — if the experiences that Kavanaugh has gone through in the Supreme Court confirmation process increase his sensitivity with regard to due process, freedom of expression, and other civil liberties," Dershowitz added.
Dershowitz, a professor emeritus at Harvard Law School, is author of "Trumped Up! How Criminalization of Political Differences Endangers Democracy."
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