Transcribe your podcast
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Here now with ReAction Fox News legal analyst, Greg Jarrett, along with Harvard law professor. I don't know if you want to even be called a Harvard law professor anymore. Alan Dershwitz. I might say, Hannity, just introduce me as Alan Dershwitz. I don't want to be associated with that place anymore, but that's up to you. Let me know.

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I'm a meritus, which means I'm a meritus that means formerly of Harvard law school, now on my own.

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You're on your own and proud of it. You're willing to criticize. Let's look at the big picture of what Joe Biden is facing here legally and also compare it, contrast it to what the President is facing, this immunity issue, and whether it's going to be taken up by the Supreme Court is critical. Professor, we'll start with you.

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Well, there's so much hypocrisy going around. They're now trying to impeach Joe Biden based on what he did as vice president. Now, remember that in the past, the shoe was on the other foot, and that was the Democrats who were saying, No, you can impeach. You can impeach a president when he's no longer president, the second Trump impeachment. The big issue in that case is, can a person be impeached for what he did when he was vice president now that he's president. We don't know the answer to that, but the sides have shifted on that now since the target is no longer Donald Trump, and the target instead is Joe Biden. We'll have to wait and see whether or not that works out. The same thing is true, by the way, with the Mayorkas impeachment. The same people who used to say, Oh, you need high crimes and misdemeanors and crimes like treason and bribery, are now saying, No, it's okay if it's an abuse of office. Whereas the other side who was saying, used to say that you can have broad criteria like abuse of power and obstruction of Congress, are now saying, No, it to be specific.

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There's so much hypocrisy, and that always happens when either side weaponizes the criminal justice system and the Constitution, and the loser is the American public.

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You know the interesting part, Greg, and the professors, This question now, whether the Supreme Court will take up the immunity case, this could very well affect Joe Biden. You can't indict a sitting president. Most people agree with that. That has been DOJ policy. However, if in fact, Joe Biden as vice president took official actions that benefited his family members, you have said that fits within the bribery statute. That would be the crime of bribery. That would mean when Joe leaves office, he doesn't have executive privilege in that immunity from when he was vice president, does he?

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That's right. Greg. That is correct. Look, it is a crime under the bribery statutes. It's an impeachable offense known as bribery in the Constitution. I'm against the idea, as you know, of impeaching a president during an election year. That's election interference in my judgment, trying to disenfranchize the voters. They should have the say on this. Now, having said all of that, using your public office to confer a benefit in exchange for money to yourself or your family, the money doesn't have to go to you, is a crime, and it's an impeachable offense. Are there grounds for impeachment here? Absolutely. I think the impeachment inquiry continues to develop really critical evidence of the influence peddling schemes that Hunter Biden was in charge of. But Joe Biden was intimately involved, as John Solomon just explained. They were selling the Biden brand. The brand was access and promises of influence from Joe Biden, and the promise alone sustains a criminal charge.

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Exit question, yes or no answer. I don't have the time. Will the Supreme Court take up the immunity issue? I believe they should. Professor.

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I believe they should, and I believe they won't until after there is, if there is a conviction. I think they'll punt on that one. I think they will take up some of these other issues, however.

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Greg, yes or no?

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They should now, but they won't now, but they will take it up later in the event of a conviction.

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That's right. You are both correct. I agree with both of you. All right, you got an A plus, Professor. Good for you. Hey, Sean Hannity here. Hey, click here to subscribe to Fox News' YouTube page and catch our hottest interviews and most compelling analysis. You will not get it anywhere else.