When Alan Dershowitz was hired for the Trump team in what seems to be an indefensible case legally (even though acquittal by the Republican-dominated Senate is a virtual lock), it raised some eyebrows. And Dershowitz promised that he would have some surprises once he finally gave his public defense of Trump.
Well, he was not kidding. His defense is the talk of the entire country right now. In fact, it basically redefines the presidency.
So what did he argue?
Basically, he did not deny the Quid pro quo. What he argued, however, was that a president can pursue Quid pro quo without it being an impeachable offense, because a president's interests in being re-elected is in the national interest.
For all intents and purposes, it erases any real chance of maintaining some semblance of a balance of powers between the branches of government. There are no checks and balances, when anything that a president does can be classified as in the national interest. If it is in the public interest, as defined by the president, then it cannot be illegal. This is not completely dissimilar to Nixon's argument which lost, back when members of Congress had some actual standards of decency, legality, and patriotism over party interests. Back in Nixon's day, he argued that if a president does it, it is not illegal. Trump's team is basically taking a slightly different spin on this same argument. Nixon did not get away with it, but that was a different time. It was a ridiculous argument, and seen as such, because most everyone agreed that Nixon had abused his power. Yet, similar arguments are being made now, for Trump, who is truly starting to feel like the real "Teflon President," far more than any of his predecessors.
What is even more amazing is that this defense will likely be regarded as a successful one, because Senate Republicans have already signaled that they will acquit Trump, come what may. Regardless of whatever preposterous notions that Trump and his team have of the presidency, they are going to win the day, because Republicans either are too cowardly to stand up to this obvious perversion of the principles of our Founding Fathers, or they are too corrupt (or possibly even both).
I suspect that the Trump team figured that their fellow Republicans in the Senate would acquit no matter what, and so they decided to be bold in their arguments. To advocate for sweeping new powers for the presidency, so that Trump is given exactly what he clearly wanted, expects, and sought after: unlimited power.
This is exactly the reason that staying true to your party - over the country's interests - can lead to a disaster. The country is suffering yet another blow to what was once a functioning democracy. Once again, it feels less and less like a democracy, and much more like an oligarchy. Trump truly feels that he should be dictator, in action, if not in name.
Donald Trump’s ‘Defense’ Would Make the President a King The argument against impeachment by Trump’s team proposes a super-presidency—an unlimited and fully imperial leader—that could rarely if ever be checked and balanced. By John Nichols, January 30, 2020:
https://www.thenation.com/article/politics/philbin-imperial-presidency-impeachment/?fbclid=IwAR1GQGAs6vm4bajSykQBo4l0_hvOnGze43BGSB-gfxnNhRQMWdBsQ7FEawQ
Trump's lawyers rolled out a breathtaking new defense Zach Wolf Analysis by Zachary B. Wolf, CNN Updated 11:13 PM ET, Wed January 29, 2020:
https://www.cnn.com/2020/01/29/politics/impeachment-watch-january-29/index.html?fbclid=IwAR0Aq73_5BJwHSmtFfQ4Rqkj6vk0ZoHY6zZp_MU0dOslJTC3ZjsvSg4mtlk
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