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  • WELL, GUESS WHAT, IN 298 DAYS,

  • WE, THE PEOPLE, WE MAKE THE

  • FINAL DECISION.

  • JOINING US NOW WITH MORE AUTHOR

  • OF THE BOOK BEST SELLER GUILT BY

  • ACCUSATION, HARVARD LAW

  • PROFESSOR ALAN DERSHOWITZ TEXAS

  • CONGRESSMAN AND ALSO

  • LOUIE GOHMERT IS WITH US, GOOD

  • TO SEE YOU BOTH.

  • PROFESSOR I WILL START WITH YOU

  • TONIGHT.

  • OKAY, THE SUPREME COURT, WHEN

  • THERE IS A CONFLICT BETWEEN THE

  • JUDICIAL AND EXECUTIVE BRANCH, I

  • WILL DEFER TO YOU, PROFESSOR.

  • IN THE EXECUTIVE BRANCH SIX

  • REMEDY LIKE EXECUTIVE PRIVILEGE.

  • THE COURT DECIDES TO TAKE IT UP.

  • I WOULD THINK STINKING STOMACH

  • SEEKING REMEDY IN THE COURT IS

  • THE CONSTITUTIONAL THING TO DO.

  • THEY DIDN'T WANT TO WAIT FOR THE

  • COURT'S DECISION WHICH I WOULD

  • ESTIMATE SOMETIME IN JUNE.

  • WHAT DO YOU THINK PROFESSOR?

  • >> ABSOLUTELY RIGHT.

  • CHECKS AND BALANCES IN

  • SEPARATION OF POWER REQUIRES THE

  • PRESIDENT OR ANYBODY IN THE

  • EXECUTIVE BRANCH IS ASKED TO

  • DISCLOSE MATERIAL COVERED BY

  • EXECUTIVE PRIVILEGE, THE

  • EXECUTIVE BRANCH HAS AN

  • OBLIGATION TO SAY NO TO THE

  • PARTISAN HOUSE OF

  • REPRESENTATIVES COMMITTEE.

  • AND SAY, LOOK, IF YOU WANT TO

  • HAVE A SUBPOENA RECOGNIZED, GO

  • TO COURT.

  • GET THE COURT TO VALIDATE IT.

  • THAT IS WHAT THEY DID IN THE

  • NIXON CASE AND OTHER CASES.

  • BUT TOLD A PRESIDENT IMPEACHABLE

  • ON OBSTRUCTION OF CONGRESS FOR

  • SIMPLY EXERCISING HIS

  • CONSTITUTIONAL AUTHORITY AS HEAD

  • OF THE EXECUTIVE BRANCH, TO

  • IMPOSE AND INVOKE CHECKS AND

  • BALANCES AND JUDICIAL REVIEW

  • WOULD MAKE ALEXANDER HAMILTON

  • TURNED OVER IN HIS GRAVE.

  • HE SAYS, WHEN YOU HAVE A

  • CONFLICT BETWEEN THE TWO

  • BRANCHES, THE UMPIRE IS THE

  • JUDICIAL BRANCH.

  • SO THE DEMOCRATS AND THE HOUSE

  • SHOULD HAVE GONE TO COURT AND

  • THEY COULD HAVE DONE IT ON AN

  • EXPEDITED BASIS.

  • AND SORT REVIEW AND SORT

  • ENFORCEMENT.

  • THEY PROVE PROBABLY WOULD HAVE

  • WON BECAUSE THAT IS AS THE

  • PRESIDENT SAID IN THE INTERVIEW,

  • A EXAMPLE OF EXECUTIVE

  • PRIVILEGE.

  • GETTING ADVICE FROM YOUR

  • NATIONAL SECURITY ADVISOR,

  • NATIONAL SECURITY ISSUES, THE

  • COURT WOULD GENERALLY UPHOLD

  • EXECUTIVE PRIVILEGE.

  • MAYBE THEY WOULDN'T.

  • BUT YOU CANNOT EXPECT THE

  • PRESIDENT AND THE EXECUTIVE

  • BRANCH TO SIMPLY CAPITULATE TO A

  • PARTISAN MAJORITY ON A COMMITTEE

  • OF CONGRESS.

  • >> Sean: LET ME ASK YOU

  • LOUIE GOHMERT, BECAUSE I READ

  • THE CONSTITUTION AND I WILL

  • DEFER TO YOU AND PROFESSOR

  • ALAN DERSHOWITZ, BOTH LAWYERS.

  • BUT MY READING IS IT IS THE SOLE

  • POWER OF THE HOUSE OF

  • REPRESENTATIVES TO IMPEACH.

  • THAT IS THEIR ROLE.

  • THAT IS THEY ARE ONLY.

  • THE TRIAL I MADE IS THE

  • CONSTITUTIONAL ROLE OF THE U.S.

  • SENATE AND THE CHIEF JUSTICE

  • THAT WILL PRESIDE OVER THE

  • HEARINGS.

  • NOW, THEY HAVE IMPEACH THIS

  • PRESIDENT.

  • THEY WILL HAVE MANAGERS PRESENT

  • THEIR CASE TO THE SENATE.

  • OKAY.

  • NOW I KNOW SOME REPUBLICAN

  • SENATORS MAY BE SAYING, MAYBE WE

  • SHOULD CALL OTHER WITNESSES.

  • BUT IF IT IS THE HOUSE WAS ROLE

  • TO IMPEACH, MY QUESTION IS, WHY

  • WOULD THIS SEND IT TO NOTHING

  • BUT EXCEPT LISTEN TO THEIR CASE

  • AND NOT TO THE TAKEOVER OF THE

  • ROLE OF THE CONSTITUTIONAL JOB

  • OF THE HOUSE?

  • CAN YOU HELP ME WITH THAT?

  • >> WELL, OF COURSE, YOU ARE

  • RIGHT ABOUT THAT AND PROFESSOR

  • DERSHOWITZ HAS MADE IT CLEAR

  • TOO, THE ONLY REAL ABUSE OF

  • POWER IS BY THE HOUSE OF

  • REPRESENTATIVES AND DEMANDING

  • THAT THE PRESIDENT NOT PROTECT

  • EXECUTIVE PRIVILEGE.

  • AND NOT GO TO COURT TO GET IT

  • DEFINED.

  • SO YEAH, THE HOUSE DID NOT DO

  • ITS JOB ON IMPEACHMENT.

  • THERE WAS NO HIGH CRIME.

  • THERE WAS NO MISDEMEANOR.

  • THERE WAS NO TREASON, BRIBERY.

  • THEY DROPPED ALL OF THOSE

  • THINGS.

  • SO WE KNOW AND YOU AND I HAVE

  • TALKED ABOUT IT, SEAN, WHEN THE

  • DEMOCRATS ARE ACCUSING THE

  • PRESIDENT AND REPUBLICANS HAVE

  • DOING SOMETHING, THAT IS EXACTLY

  • WHAT THEY ARE DOING IS

  • PROJECTING.

  • THE ABUSE OF POWER AND

  • OBSTRUCTION OF CONGRESS, THAT IS

  • EXACTLY WHAT THEY HAVE BEEN

  • DOING.

  • AND ALL OF THE GARBAGE ABOUT

  • CLEAR AND PRESENT DANGER, WE

  • HAVE GOT TO ACT NOW!

  • WE HAVE GOT TO VIOLATE OUR OWN

  • RULES AND NOT ALLOW THE PARTY TO

  • HAVE WITNESSES.

  • WE HAVE GOT TO MOVE FORWARD AND

  • THEN SIT ON IT FOR A MONTH OR

  • SO, THAT JUST SHOWS THE

  • HYPOCRISY.

  • AND THE MAJORITY HAS NOT DONE

  • HIS JOB IN THE HOUSE.

  • YOU ARE RIGHT.

  • THE TRIAL -- CLOSE >> Sean:

  • >> SeanPROFESSOR, A QUICK 15

  • SECONDS, DO YOU AGREE WITH LOUIS

  • ON THAT AND WITH ME ON THAT?

  • >> YES, I DO AND FEDERAL 65 SAID

  • YOU NEED A SPEEDY TRIAL.

  • YOU NEED TO HAVE A TRIAL RIGHT

  • AWAY, IMPEACHMENT AND REMOVAL

  • ARE PART OF THE SAME PROCESS.

WELL, GUESS WHAT, IN 298 DAYS,

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