Josh Marshall, editor and founder of
Talking Points Memo, has some
cogent points to make about Alan Dershowitz's defense of Donald Trump in
the ongoing trial:
Dershowitz is justifiably acclaimed as a criminal defense and a
particularly appellate defense attorney, notwithstanding decades of
escalating notoriety as a grandstanding attention whore. He is not a
constitutional attorney. He is not an historian. And he is not any other
kind of expert on impeachment. But now he’s spent a few weeks ‘reading
all the books’ and he’s got it figured out.
This is the most classic sort of dilettante’s history. Understanding
the past means more than just ransacking the library for proof texts and
quotes. If we are trying to reconstruct the range of arguments the
authors of the Constitution were making and how most Americans – who
were indirectly responsible for ratifying the document – understood them
you need a grounding in the history and debates of the time. Words do
not speak for themselves. They have meaning in a particular historical
context. We are not bound in our use of these words by their original
historical context but we cannot make sense of them or any use of them
for our own purposes if we are ignorant of that context.
To put it baldly, if it’s a topic and area of study you know nothing
about and after a few weeks of cramming you decide that basically
everyone who’s studied the question is wrong, there’s a very small chance you’ve rapidly come upon a great
insight and a very great likelihood you’re an ignorant and
self-regarding asshole. Needless to say, those are odds Dershowitz is
happy to take. Dershowitz has now ‘read all the relevant historical
material’ and has it covered.
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