WELL, GUESS WHAT, IN 298 DAYS,
WE, THE PEOPLE, WE MAKE THE
FINAL DECISION.
JOINING US NOW WITH MORE AUTHOR
OF THE BOOK BEST SELLER GUILT BY
ACCUSATION, HARVARD LAW
PROFESSOR ALAN DERSHOWITZ TEXAS
CONGRESSMAN AND ALSO
LOUIE GOHMERT IS WITH US, GOOD
TO SEE YOU BOTH.
PROFESSOR I WILL START WITH YOU
TONIGHT.
OKAY, THE SUPREME COURT, WHEN
THERE IS A CONFLICT BETWEEN THE
JUDICIAL AND EXECUTIVE BRANCH, I
WILL DEFER TO YOU, PROFESSOR.
IN THE EXECUTIVE BRANCH SIX
REMEDY LIKE EXECUTIVE PRIVILEGE.
THE COURT DECIDES TO TAKE IT UP.
I WOULD THINK STINKING STOMACH
SEEKING REMEDY IN THE COURT IS
THE CONSTITUTIONAL THING TO DO.
THEY DIDN'T WANT TO WAIT FOR THE
COURT'S DECISION WHICH I WOULD
ESTIMATE SOMETIME IN JUNE.
WHAT DO YOU THINK PROFESSOR?
>> ABSOLUTELY RIGHT.
CHECKS AND BALANCES IN
SEPARATION OF POWER REQUIRES THE
PRESIDENT OR ANYBODY IN THE
EXECUTIVE BRANCH IS ASKED TO
DISCLOSE MATERIAL COVERED BY
EXECUTIVE PRIVILEGE, THE
EXECUTIVE BRANCH HAS AN
OBLIGATION TO SAY NO TO THE
PARTISAN HOUSE OF
REPRESENTATIVES COMMITTEE.
AND SAY, LOOK, IF YOU WANT TO
HAVE A SUBPOENA RECOGNIZED, GO
TO COURT.
GET THE COURT TO VALIDATE IT.
THAT IS WHAT THEY DID IN THE
NIXON CASE AND OTHER CASES.
BUT TOLD A PRESIDENT IMPEACHABLE
ON OBSTRUCTION OF CONGRESS FOR
SIMPLY EXERCISING HIS
CONSTITUTIONAL AUTHORITY AS HEAD
OF THE EXECUTIVE BRANCH, TO
IMPOSE AND INVOKE CHECKS AND
BALANCES AND JUDICIAL REVIEW
WOULD MAKE ALEXANDER HAMILTON
TURNED OVER IN HIS GRAVE.
HE SAYS, WHEN YOU HAVE A
CONFLICT BETWEEN THE TWO
BRANCHES, THE UMPIRE IS THE
JUDICIAL BRANCH.
SO THE DEMOCRATS AND THE HOUSE
SHOULD HAVE GONE TO COURT AND
THEY COULD HAVE DONE IT ON AN
EXPEDITED BASIS.
AND SORT REVIEW AND SORT
ENFORCEMENT.
THEY PROVE PROBABLY WOULD HAVE
WON BECAUSE THAT IS AS THE
PRESIDENT SAID IN THE INTERVIEW,
A EXAMPLE OF EXECUTIVE
PRIVILEGE.
GETTING ADVICE FROM YOUR
NATIONAL SECURITY ADVISOR,
NATIONAL SECURITY ISSUES, THE
COURT WOULD GENERALLY UPHOLD
EXECUTIVE PRIVILEGE.
MAYBE THEY WOULDN'T.
BUT YOU CANNOT EXPECT THE
PRESIDENT AND THE EXECUTIVE
BRANCH TO SIMPLY CAPITULATE TO A
PARTISAN MAJORITY ON A COMMITTEE
OF CONGRESS.
>> Sean: LET ME ASK YOU
LOUIE GOHMERT, BECAUSE I READ
THE CONSTITUTION AND I WILL
DEFER TO YOU AND PROFESSOR
ALAN DERSHOWITZ, BOTH LAWYERS.
BUT MY READING IS IT IS THE SOLE
POWER OF THE HOUSE OF
REPRESENTATIVES TO IMPEACH.
THAT IS THEIR ROLE.
THAT IS THEY ARE ONLY.
THE TRIAL I MADE IS THE
CONSTITUTIONAL ROLE OF THE U.S.
SENATE AND THE CHIEF JUSTICE
THAT WILL PRESIDE OVER THE
HEARINGS.
NOW, THEY HAVE IMPEACH THIS
PRESIDENT.
THEY WILL HAVE MANAGERS PRESENT
THEIR CASE TO THE SENATE.
OKAY.
NOW I KNOW SOME REPUBLICAN
SENATORS MAY BE SAYING, MAYBE WE
SHOULD CALL OTHER WITNESSES.
BUT IF IT IS THE HOUSE WAS ROLE
TO IMPEACH, MY QUESTION IS, WHY
WOULD THIS SEND IT TO NOTHING
BUT EXCEPT LISTEN TO THEIR CASE
AND NOT TO THE TAKEOVER OF THE
ROLE OF THE CONSTITUTIONAL JOB
OF THE HOUSE?
CAN YOU HELP ME WITH THAT?
>> WELL, OF COURSE, YOU ARE
RIGHT ABOUT THAT AND PROFESSOR
DERSHOWITZ HAS MADE IT CLEAR
TOO, THE ONLY REAL ABUSE OF
POWER IS BY THE HOUSE OF
REPRESENTATIVES AND DEMANDING
THAT THE PRESIDENT NOT PROTECT
EXECUTIVE PRIVILEGE.
AND NOT GO TO COURT TO GET IT
DEFINED.
SO YEAH, THE HOUSE DID NOT DO
ITS JOB ON IMPEACHMENT.
THERE WAS NO HIGH CRIME.
THERE WAS NO MISDEMEANOR.
THERE WAS NO TREASON, BRIBERY.
THEY DROPPED ALL OF THOSE
THINGS.
SO WE KNOW AND YOU AND I HAVE
TALKED ABOUT IT, SEAN, WHEN THE
DEMOCRATS ARE ACCUSING THE
PRESIDENT AND REPUBLICANS HAVE
DOING SOMETHING, THAT IS EXACTLY
WHAT THEY ARE DOING IS
PROJECTING.
THE ABUSE OF POWER AND
OBSTRUCTION OF CONGRESS, THAT IS
EXACTLY WHAT THEY HAVE BEEN
DOING.
AND ALL OF THE GARBAGE ABOUT
CLEAR AND PRESENT DANGER, WE
HAVE GOT TO ACT NOW!
WE HAVE GOT TO VIOLATE OUR OWN
RULES AND NOT ALLOW THE PARTY TO
HAVE WITNESSES.
WE HAVE GOT TO MOVE FORWARD AND
THEN SIT ON IT FOR A MONTH OR
SO, THAT JUST SHOWS THE
HYPOCRISY.
AND THE MAJORITY HAS NOT DONE
HIS JOB IN THE HOUSE.
YOU ARE RIGHT.
THE TRIAL -- CLOSE >> Sean:
>> SeanPROFESSOR, A QUICK 15
SECONDS, DO YOU AGREE WITH LOUIS
ON THAT AND WITH ME ON THAT?
>> YES, I DO AND FEDERAL 65 SAID
YOU NEED A SPEEDY TRIAL.
YOU NEED TO HAVE A TRIAL RIGHT
AWAY, IMPEACHMENT AND REMOVAL
ARE PART OF THE SAME PROCESS.