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 unconstitutional for the January 6th. Committee to recommend prosecution for Former President Donald J. Trump.

During an interview with Just the News, Dershowitz remarked, “In my view, it’s clearly unconstitutional in the three provisions of the Constitution. First, Article One limits the power of Congress through legislative actions. This is not a legislative action — naming a specific individual and referring them to the Justice Department. It’s not legislative and it tramples on the authority of the executive branch.”

Dershowitz added, “Second, the Constitution specifically prohibits Bills of Attainder. Those were the old parliamentary rules where they named specified individuals and prosecuted them. And the spirit of that prohibition applies to voting to name a specific individual and refer them to Congress.”

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.”


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“And then finally, the 14th Amendment provides one specific time when Congress may in fact, act against an individual. That is if the person was engaged in an insurrection or rebellion, like in the Civil War, and they didn’t act under that provision. So, in my view, it violates both the letter and the spirit of the Constitution to make these kind of referrals, and the Justice Department ought to ignore them,” Dershowitz ended.

This is a compelling argument. This is not a legislative act. Instead, it reads as a real overreach of Congress’s very-limited powers. Moreover, since this was a one-sided example of political theatre, it also may be an example of congressional overreach into the powers of the judicial branch. Lastly, since Trump is no Insurrectionist, it is clear that to refer him on that charge criminally is baseless.

Once again, it looks as though the left tried and failed to stump the Trump to no avail.