Oops: Fact Check Pokes Giant Hole in Plan To Impeach Kavanaugh


Brett Kavanaugh may be the newest member of the U.S. Supreme Court, but liberals are still obsessing over how to destroy him.

Over the last month, of course, Kavanaugh saw his life torn apart and examined in unprecedented detail.

After several women made unproven and largely discredited claims against him that go back nearly 40 years, the respected judge was forced to defend himself in front of Democratic senators who used everything from his college drinking habits to high school yearbook to find something — anything — that would keep him off the bench.

Those efforts failed, but now liberals seem to have a new plan: impeach Kavanaugh even after he was confirmed by the Senate.

To do that, Democrats would all but certainly need to hold super-majorities in both the House and Senate. That looks pretty unlikely right now, but it’s not impossible.

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On Monday, however, one of the most widely respected legal experts in America took the wind out of the Democrat’s impeachment hopes.

During an appearance on Fox News, Harvard Law School professor emeritus Alan Dershowitz pointed out that impeaching Kavanaugh — even with the necessary votes in Congress — would stretch the Constitution to the breaking point.

“The Constitution would not permit impeachment of a sitting justice for actions he took while a private citizen 35 years ago, nor would it permit using the laws of perjury, which are very tough,” the legal scholar explained.

Do you agree with Dershowitz that pursuing impeachment is a mistake?

When Dershowitz speaks, both sides of the political aisle listen. By many standards he is a liberal, yet respects the Constitution in a way that makes him increasingly at odds with modern Democrats.

The Harvard professor also pointed out that the same voices who were outraged that Republicans tried to impeach President Bill Clinton back in the 1990’s are now trying to do exactly that to Kavanaugh.

“That would be absolutely foolish, inconsistent, and hypocritical,” he said.

“Those who believe that Bill Clinton should never have been impeached for allegedly lying about his sex life are now going to lead the campaign to impeach Kavanaugh for allegedly lying about his sexual and drinking activities back when he was a 17-year-old? It’s hypocrisy run rampant.”

There’s also the pesky fact that the rules of impeachment for judges are very clear in the Constitution, and they don’t help the liberal case. Kavanaugh’s opponents would have to prove that he was not exhibiting “good behavior” now.

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“They have to be about a material fact, it has to have been a deliberate lie, not forgetfulness, not a boast, not an exaggeration, but a willful deliberate lie about a material fact,” the professor went on, describing the steep requirements for impeachment.

As we know from the several FBI investigations and Senate inquiries into the allegations against Kavanaugh, those “material facts” just aren’t there. If anything, the available evidence supports him and not his accusers.

Similarly, every witness who was named by his accusers has testified in his defense, which is exactly why the Senate confirmed him after hearing all of the facts.

“I think that Democrats are shooting themselves in the foot,” Dershowitz stated point-blank.

He’s right. Despite the wailing and increasingly desperate behavior of liberals, Kavanaugh now sits on the Supreme Court, and if Democrats want to change the direction of the country, they’re going to have to do it the old fashioned way: by actually winning elections.

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Benjamin Arie is an independent journalist and writer. He has personally covered everything ranging from local crime to the U.S. president as a reporter in Michigan before focusing on national politics. Ben frequently travels to Latin America and has spent years living in Mexico.