Alan Dershowitz says calls for the impeachment of Joe Biden are “wrong.” He claims in his most recent op-ed at the D.C. establishment’s favorite Republican rag, The Hill: “Whatever one may think of what Biden did or failed to do, it does not constitute an impeachable offense under the text of the Constitution.” With all due respect, Dershowitz is full of crap.
“The Framers,” Dershowitz writes, “insisted that a president could not be impeached unless he committed criminal-type conduct akin to treason and bribery.” If this is true, then why did President Thomas Jefferson call for the impeachment of a federal district judge on the grounds that he was “a man of loose morals and intemperate habits?” Jefferson was a prominent founder, who greatly influenced the framers of the Constitution.
Judge John Pickering, a U.S. district court judge, was impeached on March 2, 1803. The articles of impeachment accused Pickering “of drunkenness, blasphemy on the bench, and refusing to follow legal precedent.” He was convicted a year later, on March 12, 1804.
Now Dershowitz and others would likely argue that this was an abuse of impeachment. Dershowitz asserts, “to use the impeachment power on partisan grounds, damages the Constitution and creates a dangerous precedent.” But the impeachment of Biden is not partisan. It is American, it is justified, and it is required.
Impeachment is not defined in the Constitution as “criminal-type conduct akin to treason and bribery,” as Dershowitz claims. It is defined as “Treason, Bribery, or other high Crimes and Misdemeanors.” The entire reason “other high Crimes and misdemeanors” was added was that George Mason—a framer—wanted grounds for impeachment to include attempts to subvert the Constitution.
Biden’s mental and physical disqualifications aside, there is no higher crime or misdemeanor than violating the oath of office.
The president of the United States takes the following oath upon entering office: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
Joe Biden has assaulted the Constitution of the United States. Let’s start with Biden’s recent admission that the CDC’s unconstitutional extension of the eviction moratorium was . . . unconstitutional. Biden acknowledged the CDC’s extension was “not likely to pass constitutional muster” but hailed it as “worth the effort.” Is this what protecting and defending the Constitution looks like?
How about the equal protection clause of the Constitution’s 14th Amendment? It was ratified after the Civil War in 1868 to stop states from discriminating against blacks. Section 1 clearly states for those still literate: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
On August 23, Biden called on private companies to discriminate against the unvaccinated. “If you’re a business leader, a nonprofit leader, a state or local leader who has been waiting on full FDA approval to require vaccinations, I call on you now to do that,” Biden said. “Require it.”
The unvaxxed, as I have written, are the new blacks. Is it not a violation of the Constitution and the equal protection clause to require a vaccination to work; as a prerequisite to having the unalienable right to life, liberty, and the pursuit of happiness? Is this the behavior of a president, who is fulfilling his sacred oath to protect and defend the Constitution?
But these obviously impeachable offenses aside, let us look to Afghanistan. Dershowitz—and others—claim that “the Framers insisted that a president could not be impeached unless he committed criminal-type conduct akin to treason and bribery.”
Article III, Section 3, Clause 1 of the Constitution defines treason as “levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” Biden ignored the advice of his military advisors by withdrawing American troops—gifting the Taliban $85 billion in American weaponry in the process.
More damning still, Representative Dan Crenshaw (R-Texas) tweeted, “Biden is not letting US citizens through the airport gates. It has been impossible to get anyone through for the last 24 hours.” Biden has not only aided and abetted the enemy by arming them, but he is also actively assisting them in preventing Americans from coming home—giving them both American weapons and American hostages.
Thirteen U.S. service members have already died in the Kabul airport attack. How many American civilians has Biden condemned to die by leaving them stranded behind enemy lines—forcing them to stay there against their will?
Is this not an act of treason? How about Biden’s green-lighting of a Russian pipeline while he shutdown an American pipeline? This certainly “aids and comforts” an enemy, while hindering and harming ourselves.
In June, Biden called on “Facebook to take action—responsible action, action that is critical to the health of our democracy,” to censor the speech of his political opponents. Is this defending the First Amendment? Is this faithfully executing the oath of office?
The truth is, there has never been a more clear case for the impeachment of a president in American history. Dershowitz is wrong. The impeachment of Biden doesn’t damage the Constitution, it fulfills the Constitution. It is Biden, who is damaging the Constitution. Biden should be impeached. It is both necessary and constitutional; in fact, the impeachment clause exists to remove the likes of Joe Biden.