Thursday evening, Alan Dershowitz, emeritus professor of law at Harvard Law School and a Democrat, appeared on Fox News’s Tucker Carlson Tonight and said about what McCabe revealed to 60 Minutes, “If true, it is clearly an attempt at a coup d’état.” The following night, during an interview with Sean Hannity on Fox News, Dershowitz went even farther in analyzing what McCabe said about Rod Rosenstein:
Let’s talk about Rod Rosenstein. He is the Deputy Attorney General of the United States. He was the acting attorney general for this case. And he is suggesting using the 25th Amendment that was written to take care of a problem of Woodrow Wilson having a stroke or President Reagan being shot and being on the operating table. These guys [McCabe, Rosenstein, at al] are watching House of Cards instead of reading the Constitution. The Constitution is as clear as can be. The 25th Amendment is applicable only if you’re incapacitated. It’s not a substitute for impeachment; it’s not a substitute for an election. And if Rod Rosenstein actually thought about and suggested wiring the president, [and] invoking the 25thAmendment he should be fired before he has an opportunity to resign. He should be disgraced. The Inspector General of the Justice Department should be looking into it.
This is as close as this country has ever come to the consideration of a coup d’état – a constitutionally unlawfaul coup d’état [emphasis added.] – against the duly elected president, whether you like him or not, whether you voted against him as I did or not. The Constitution has to prevail. The 25thAmendment has to mean what it says. And when you have a deputy attorney general thinking about circumventing the 25thAmendment, that is close to a Constitutional crisis.