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Fox's Wallace confronts Dershowitz with clip arguing crime not necessary for impeachment | TheHill - The Hill

Alan DershowitzAlan Morton DershowitzSunday shows preview: Lawmakers prepare for week two of impeachment trial Extreme impeachment argument further exposes Trump's imperial presidency Impeachment trial to enter new phase with Trump defense MORE, a member of President TrumpDonald John TrumpKaine: Obama called Trump a 'fascist' during 2016 campaign Kaine: GOP senators should 'at least' treat Trump trial with seriousness of traffic court Louise Linton, wife of Mnuchin, deletes Instagram post in support of Greta Thunberg MORE's team during his impeachment trial, on Sunday fielded questions about whether his defense of the president was at odds with his positions during the impeachment trial of President Bill ClintonWilliam (Bill) Jefferson ClintonGeorge Conway: Witness missing from impeachment trial is Trump Is Donald Trump one of the smartest presidents in US history? Trump impeachment and trial: All parties should feel ashamed MORE.

Fox News' Chris WallaceChristopher (Chris) WallaceChris Wallace: If I'm Trump, 'I would not be especially pleased' with White House defense Trump: Senate should decide on witnesses; Bolton testimony poses national security risk Trump lawyer: Abuse of power, obstruction articles 'have not fared well' MORE asked Dershowitz about his comments in 1998 that impeachment did not require a crime be committed, though he has frequently argued that Trump cannot be removed because he did not commit a crime.

"It certainly doesn't have to be a crime if you have somebody who completely corrupts the office of president and who abuses trust and who poses great danger to our liberty, you don't need a technical crime," Dershowitz told Larry King in the 1998 clip played by Wallace on "Fox News Sunday."

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Dershowitz argued his legal understanding of impeachment had evolved since 1998, telling Wallace, “I’ve been immersing myself in dusty old books and I’ve concluded that no, it has to be a crime, it doesn’t have to be a technical crime … that’s what scholars do that’s what academics do.”

Wallace countered that Dershowitz has frequently defended Trump by invoking an argument written by Supreme Court Justice Benjamin Curtis in defense of President Andrew Johnson that evidence of criminal conduct is necessary to impeach and remove a president.

“I find it very hard to believe you hadn’t studied the only other impeachment in history” during the Clinton impeachment, Wallace said.

Dershowitz responded that he had invoked Curtis’ argument long before he took his role in Trump’s defense.

Wallace also asked Dershowitz about a recently released recording by Rudy GiulianiRudy GiulianiDemocrats see Mulvaney as smoking gun witness at Trump trial Pompeo lashes out at 'shameful' NPR reporter Trump legal team launches impeachment defense MORE associate Lev Parnas, in which Trump, who has claimed not to know Parnas, tells him to “take out” former U.S. Ambassador to Ukraine Marie YovanovitchMarie YovanovitchWashington Post: Pompeo 'gaslighting' NPR reporter Pompeo lashes out at 'shameful' NPR reporter Parnas says he has turned over tape of Trump calling for diplomat's firing MORE.

Dershowitz responded that the tape does not contain any impeachable offenses because the president has the power to fire ambassadors, but Wallace noted Trump’s repeated denials of having known Parnas in the first place.

“I only want to speak to what’s an impeachable offense,” Dershowitz responded, saying that whether the conversation was otherwise “damaging” is “exactly what voters ought to be deciding on.”

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