8:41 p.m. ET, January 27, 2020
Dershowitz explains how he changed his mind about what's impeachable
During his remarks tonight, President Trump's attorney Alan Dershowitz talked about how he saw the impeachments of Trump and Clinton as different — and how the charges against Trump led him to change his mind about what constitutes an impeachable offense by a president.
On former president Bill Clinton, Dershowitz said, "Clinton was accused of a crime, perjury, and so the issue in his case was not whether the Constitution requires a crime for impeachment, instead, the engine was whether Clinton's alleged crime could be classified as a high crime in light of its personal nature."
He continued: "During the Clinton impeachment, I stated in an interview that I did not think that the technical crime was required but that I did think that abusing trust could be considered."
Dershowitz said that at the time of Clinton's impeachment, he had not done "extensive research on that issue" of whether criminal behavior was required to impeach a president. "I simply accepted the academic consensus on an issue that was not on the front burner at the time," he said.
With Trump, Dershowitz said his impeachment "directly raises the issue of whether criminal behavior is required."
"I've gone back and read all the relevant historical material, as nonpartisan academic should always do, and have now concluded that the framers did intend to limit the criteria for impeachment the criminal type backs akin to treason, bribery, and they certainly did not intend do extended to vague an open-ended non criminal accusations such as abuse of power and obstruction of Congress."