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In a new legal twist following the release of declassified memos, prominent Harvard law professor emeritus Alan Dershowitz has suggested former President Donald Trump may have grounds to expunge his 2019 impeachment. This assertion comes after Director of National Intelligence Tulsi Gabbard released documents that allegedly show bias from a key official involved in the impeachment process.
Dershowitz, who was part of Trump’s defense team during the 2019 impeachment trial, told Just the News that Trump could potentially seek to “expunge” the impeachment based on new evidence concerning Michael Atkinson, the former Intelligence Community Inspector General. The lawyer characterized impeachment as a “quasi-judicial procedure” where Trump might “go back to Congress and ask them to expunge it or go to the courts.”
Trump himself appeared supportive of the idea, sharing the Just the News article on Truth Social with the comment, “Alan, one of the greats, should do it!”
The newly released documents from Gabbard’s office claim to expose “a coordinated effort by elements within the Intelligence Community, including a former Inspector General, to manufacture a conspiracy that was used as the basis to impeach President Trump in 2019.” According to these documents, Atkinson “relied upon politicized, manufactured narratives” without “firsthand evidence” when he brought forward the whistleblower’s complaint that triggered the impeachment inquiry.
The 2019 impeachment centered on Trump’s dealings with Ukraine. The House of Representatives, led by Democrats under then-Speaker Nancy Pelosi, impeached Trump on charges of abuse of power and obstruction of Congress. The allegations claimed he pressured Ukrainian President Volodymyr Zelenskyy to investigate Joe Biden, then a potential 2020 presidential rival, while withholding military aid and a White House meeting.
Atkinson played a pivotal role when he reviewed the whistleblower complaint, deemed it credible, and forwarded it to acting Director of National Intelligence Joseph Maguire. This action helped set in motion the events leading to the formal impeachment inquiry announced by Pelosi in September 2019. During the subsequent proceedings, multiple witnesses testified under oath, including Lieutenant Colonel Alexander Vindman, who stated that Trump’s July 25 phone call with Zelenskyy was “improper.”
Trump was ultimately acquitted by the Republican-controlled Senate in February 2020 and has consistently denied any wrongdoing.
Despite Dershowitz’s assertion, legal experts point out that there is no established constitutional mechanism or historical precedent for expunging an impeachment. The U.S. Constitution does not outline any formal process for such an action, nor do House rules provide guidance on this matter.
This isn’t the first attempt to erase Trump’s impeachment record. Republican lawmakers, including then-Representatives Marjorie Taylor Greene and Elise Stefanik, previously introduced House resolutions seeking to expunge both of Trump’s impeachments. However, these measures failed to advance in 2023.
Legal scholars have expressed skepticism about the viability of expungement. George Washington University professor Jonathan Turley, often consulted by Republicans on constitutional matters, told Reuters, “It is not like a constitutional DUI. Once you are impeached, you are impeached.”
Georgetown University Law Center professor Joshua Chafetz offered a similar assessment to Newsweek, stating that “an impeachment cannot be expunged because it has effect outside of the House—that is, it causes the Senate to hold a trial.”
The claims about potential expungement appear misleading, as there is no outlined legal process for such an action. Furthermore, other testimony from the impeachment trial, independent of Atkinson’s involvement, would still stand regardless of any questions about his conduct or motivations.
As this debate unfolds, it highlights ongoing tensions surrounding Trump’s unprecedented two impeachments and reflects the continuing political divisions that have characterized American politics in recent years.
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8 Comments
This is a complex and politically charged issue. While the new documents may provide grounds for further examination, the legal and political hurdles to actually expunging an impeachment are formidable. I’ll be following this story closely to see how it unfolds.
Impeachment is a serious constitutional process, so any claims of bias or improper conduct need to be thoroughly investigated. However, the precedent and standards for overturning an impeachment are extremely high. It will be fascinating to see how this develops.
I agree, the legal and political implications are enormous. Any attempt to reverse an impeachment would face immense scrutiny and resistance. It will be important to follow the facts and legal arguments closely as this story progresses.
I’m curious to see how this plays out. The claims of bias from a key official involved in the impeachment process raise important questions. But any attempt to overturn an impeachment would face immense legal and political challenges.
You make a fair point. Even if the new evidence suggests issues with the process, the bar for reversing an impeachment is extremely high. It will be an uphill legal battle for Trump.
This is a complex and contentious issue. While the new evidence raises important questions, the bar for overturning an impeachment is extremely high. I’ll be watching closely to see if there are valid legal grounds, but the political obstacles would be formidable.
This is an interesting legal twist. It’ll be important to closely examine the new evidence and understand if there are valid grounds for expunging the impeachment. Trump’s impeachment was a highly charged political process, so any potential reversal would need to be carefully considered.
I agree, this development bears close watching. Reversing an impeachment would be unprecedented, so the legal arguments and evidence will be scrutinized intensely.