Note: This article may contain commentary reflecting the author's opinion.

This Monday, top Constitutional Lawyer and Harvard Law Professor Alan Dershowitz argued it is not within the power of Congress to recommend prosecution for anyone — including former President Donald J. Trump.

This comes after the sham “January 6 Committee” recommended the Department of Justice (DoJ) prosecute the 45th President. Dershowitz responded to this news on Newsmax’s “John Bachman Now,” arguing, “Congress has no power to recommend prosecution. There is a provision of the Constitution against bills of attainder. Those were parliamentary indictments of unpopular people by name, and the framers of the Constitution put only two provisions in the actual Constitution before the Bill of Rights, no ex post facto laws and no bills of attainder.”

Cornell Law defines a Bill of Attainder as, “a piece of legislation that declares a party is guilty of a crime. Bills of attainder allow the government to punish a party for a perceived crime without first going through the trial process… The constitutional ban on bills of attainder works to uphold separation of powers principles by preventing Congress from assuming the functions of the judicial branch.”


The argument is clear — without a fully-fleshed series of legal proceedings, no guilt can be established through one-sided political theatre. The American people can see through the Committee’s hearings, and we hope the DoJ would as well.

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Dershowitz then discussed how he expected the Department of Justice to respond to these recommendations.

“The Justice Department should reprimand Congress for even trying to suggest who should be prosecuted… The Justice Department will say: ‘Congress, Look we process, we investigate. Don’t tell us who to investigate and who to prosecute. You had a kangaroo hearing. One-sided. You didn’t allow a cross-examination,” Dershowitz said. “You didn’t allow any adverse witnesses, so don’t expect us to take seriously any recommendations. You made a bad prosecution, so the American public should make no conclusions based on this one-sided recommendation and it should ignore it as well.”

“And so it is worthless — it is a worthless piece of paper,,” he concluded. “If you [the interviewer] would recommend prosecution, it would have more weight.”

It is clear that the Democrats running the January 6th Committee are grasping at straws to try to indict President Trump for his supposed actions on January 6th. They are becoming so desperate to get rid of the former president that they would, in Alan Dershowitz’s view, even pursue unconstitutional actions to see him removed from the political scene.