Alan Dershowitz’s “Maladministration” Argument Makes No Sense

Ummmm what?

J. Scott Applewhite/AP

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During a heated question-and-answer session on Wednesday, Alan Dershowitz, a member of the president’s legal team in the impeachment trial, continued to argue that even if Trump’s decision to withhold military aid from Ukraine last summer qualified as an “abuse of power,” as such, it does not qualify as an impeachable offense. Instead, he said, “abuse of power” falls under the category of “maladministration”—a term rejected by the framers of the Constitution in the 18th century.

As evidence, he cited…the dictionary. “What is maladministration?” Dershowitz asked, pressing his fingertips together as he stood before the Senate chamber. “If you look it up in the dictionary and you look up synonyms, the synonyms include abuse, corruption, misrule, dishonesty, misuse of office, and misbehavior.”

The Internet promptly did some fact-checking:

Merriam-Webster defines maladministration as “corrupt or incompetent administration (as of a public office).” Macmillan has “bad or dishonest management.” According to Dictionary.com, the term means “to administer or manage badly or inefficiently.”

So, not synonymous with “abuse of power.” And of course, definitions can evolve over some 200-odd years. But even at the Constitutional Convention, it was clear that nobody could agree on the meaning of “maladministration”—and in fact, that was the very reason it was rejected as a standard for impeaching a president. Politico has the 18th-century backstory:

In the waning days of the convention, on September 8, 1787, Virginia delegate George Mason moved to add “maladministration” to the existing list of impeachable offenses—at that point, only “Treason or Bribery.” Madison objected that “so vague a term [as maladministration] will be equivalent to a tenure during pleasure of the Senate.” Mason responded by withdrawing his motion and substituting “other high crimes and misdemeanors against the state.” Mason’s revised motion passed 8-3, which is how the “high crimes and misdemeanors” language got into to the Constitution.

The puzzling rhetorical cartwheels by Dershowitz and the rest of the president’s legal team all serve the larger strategy of convincing the Senate that in order to remove the president from office, the House managers must prove that Trump had committed a criminal offense. Ironically, Dershowitz has also had to do some additional gymnastics to explain why, 22 years ago, he believed a crime was not necessary for an impeachment trial.

“What happened since 1998 is that I studied more, did more research, read more documents and like any academic altered my views. That’s what happens,” he said. “That’s what professors ought to do.”

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REAL QUICK, REAL URGENT

Minority rule, corruption, disinformation, attacks on those who dare tell the truth: There is a direct line from what's happening in Russia and Ukraine to what's happening here at home. And that's what MoJo's Monika Bauerlein writes about in "Their Fight Is Our Fight" to unpack the information war we find ourselves in and share a few examples to show why the power of independent, reader-supported journalism is such a threat to authoritarians.

Corrupt leaders the world over can (and will) try to shut down the truth, but when the truth has millions of people on its side, you can't keep it down for good. And there's no more powerful or urgent argument for your support of Mother Jones' journalism right now than that. We need to raise about $450,000 to hit our online fundraising budget in these next few months, so please read more from Monika and pitch in if you can.

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