During an appearance with Fox News on Sunday, Harvard Law professor emeritus Alan Dershowitz responded to criticism that the lack of witnesses in President Donald Trump’s impeachment trial put a “taint” on what is likely to be an acquittal.

Dershowitz blamed House Democrats for not bring charges that involved actual impeachable offense.

Partial transcript as follows:

WALLACE: [T]op Democrats in Congress, Nancy Pelosi in the House, Chuck Schumer in the Senate, say, that the failure to call witnesses is going to put a taint on any acquittal. Listen to them.

DERSHOWITZ: Sure.

(BEGIN VIDEO CLIP)

SEN. CHUCK SCHUMER (D-NY): This country is headed towards the greatest cover-up since Watergate.

SEN. KAMALA HARRIS (D-CA): Well, he will not be acquitted. You cannot be acquitted if you don’t have a trial.

(END VIDEO CLIP)

DERSHOWITZ: Of course, you can be acquitted if you don’t have a trial. If they don’t charge you with a legitimate crime. It’s the fault of Nancy Pelosi and others for failing to charge an impeachable offense.

WALLACE: But they’re going to say — they say he’s never going to be truly acquitted because you didn’t have witnesses. You didn’t have new evidence. You dismissed it before you even really got to hear what the facts were.

DERSHOWITZ: Well, if — in the criminal context that would be called a victory, a great victory. Here, if they haven’t charged an offense, then maybe he hasn’t been acquitted, but he also hasn’t been charged. He’s in exactly the same situation he should have been in had they done the right thing and not impeached him at all.