Decades Ago, Dershowitz Said Congress' Impeachment Power Would Trump Executive Privilege

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Decades Ago, Dershowitz Said Congress' Impeachment Power Would Trump Executive Privilege
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When Richard Nixon was the president under the microscope, Alan Dershowitz had very different ideas about impeachment proceedings, arguing that President Nixon should be called to testify before Congress, under oath. wgbhnews

"When you smell smoke as a prosecutor, when you think something is awry," Dershowitz said, about 29 minutes into the video above,"you call the man in front of a grand jury and you call the man in front of the grand jury under oath. The president of the United States has never appeared under oath."

He went on to argue that impeachment proceedings were created to ensure that any president would have a proper check on their power. "Executive privilege, if it applies at all, the impeachment process — viewed as a very broad process ... was certainly designed as a way of overcoming the invocation of executive power," he said."I would like to see the president of the United States invoke executive authority when called before the House Judiciary Committee and asked to answer under oath, to repeat under oath, the statements he said on television.

The comments were part of a broad discussion about whether the U.S. had enough information to impeach Nixon based on the president's actions and public statements, or whether — as Dershowitz argued — the House needed to convene a more formal investigation equivalent to a grand jury."What are you going to find out from the president?" asked Boston University law professor Henry Monaghan.

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