Alan Dershowitz gives his thoughts on the latest indictments against President Trump and Joe Biden, and why they are just as bad as the ones against President Obama and Hillary Clinton. Join us as we discuss the latest developments in the case and the implications for the future of the Trump administration.
00:00:34.760It's Tuesday, June 13th, 2023, and this is a day born in the corruption of the Biden regime and the federal judiciary.
00:00:43.880This afternoon, President Trump will be in federal court for arraignment in Miami.
00:00:48.560After the Marxist-Dim special counsel, Jack Smith, indicted President Trump on 37 counts related to Trump's handling of classified documents.
00:00:59.960This indictment is the second criminal indictment President Trump faces as he runs for the presidency.
00:01:06.060Two politically motivated indictments, both clearly intended as interference with the presidential election of 2024.
00:01:13.580Today, we'll be joined by leading constitutional attorney Alan Dershowitz to get his take on the indictment and the case against President Trump.
00:01:23.440But first, this development on the man who's managed to escape indictment for years, Joe Biden.
00:01:29.740Congresswoman Anna Paulina Luna, revealing the FBI informant file that the FBI was forced to turn over to the House Oversight Committee chair,
00:01:38.260James Comer, James Comer, last week, confirms President Biden is the so-called, quote, big guy.
00:01:45.380The reference to big guy was seen multiple times in Biden documents as millions of dollars were paid to, quote, the big guy,
00:01:54.500first mentioned publicly by Tony Bobulinski, Biden business partner.
00:01:58.700And as all of this is unfolding, Tennessee Congressman Andy Ogles introducing articles of impeachment against Joe Biden.
00:02:06.820Ogles filed the articles accusing President Biden of weaponizing the presidency, both as president and vice president,
00:02:14.940to, quote, shield the business and influence peddling schemes of his family from congressional oversight and public accountability.
00:02:23.540Ogles also accuses Biden of acting in a, quote, manner contrary to the public trust and subversive of constitutional government,
00:02:31.240to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States, end quote.
00:02:40.800Joining us now is attorney, legendary law professor and bestselling author.
00:03:35.580And then, you know, he does the investigation.
00:03:38.780And as a result of it, Trump does some unfortunately foolish things with his lawyers and makes a recorded interview about some classified material.
00:03:51.000And he comes up with some some some indictable offenses.
00:03:55.900And so the question is, if the process by which the evidence came out was deeply questionable process, is the result justifiable to go forward?
00:04:08.060I'll give you an example, an analogy that may be far fetched, but it's a useful analogy.
00:04:12.460Let's assume in the South, in the 1930s, a racist Ku Klux Klan prosecutor pledges that he will go and investigate only crimes committed by black people, but not by white people.
00:04:25.060And he does the investigation and he comes up with a crime committed by a black person.
00:04:29.300Would it be justified to prosecute him, even though he's never looked for crimes committed by any white people?
00:04:36.800This is obviously political, not racial.
00:04:38.740But the issue is, to what extent is targeting permissible and the results of targeting justifiable to bring a prosecution?
00:04:51.440That's the issue, the moral issue that's raised by this case.
00:04:55.300The moral issue, to me, is also it's a little more expansive than that.
00:05:00.960This is the same Department of Justice that has demonstrated political, that has demonstrated its capacity for political persecution over the course of seven years of a man who has been innocent.
00:05:14.260The only wrongdoing has been on the part of the prosecutors, the people who were putting together the evidence, the people who were quite obviously trying to frame him, the people who constructed around a Hillary Clinton campaign initiative, if you can call it that kindly, a conspiracy to overthrow a president is what it became.
00:05:33.080This is the same, in my opinion, led by the same, in my opinion, Marxist-dim party.
00:05:39.340It's outrageous on its face that this would be permitted.
00:05:43.340And the judge, now this is something I have to ask you, I can't even imagine a judge not throwing this out on that basis alone.
00:05:51.620Well, the law does not really give judges authorities to have a roving commission to see that justice has been done generally.
00:06:03.800Now, the defendant may raise this issue in some form by arguing that you have a situation where it's been targeted and where equal protection of law and equal justice has been denied.
00:06:20.080That may come before a judge, possibly, but not clear that the law supports that.
00:06:29.540It's more an argument for political and moral concerns than legal concerns.
00:06:37.420Now, if it involves race or religion and there's discriminatory application of law, the law responds to that.
00:06:45.720But it's not as responsive when the issue is political.
00:06:50.520You know, you say completely innocent.
00:06:52.580The tape-recorded conversation in which Trump waves some material in front of a writer and says, I could have declassified this, but I didn't.
00:07:18.360And, of course, the government doesn't have the document.
00:07:21.180So it will be up to surmise, and maybe the judge could throw it out on that ground.
00:07:26.500But the more interesting issue here for me as an academic, as somebody who sees the Constitution first and partisanship much later, to me the issue, what if an improper process targeting has produced evidence of a real crime?
00:07:47.460Do you go forward and prosecute that real crime?
00:07:50.540Well, you wouldn't do it in the racial context.
00:07:52.920The question is, do you do it in the political context?
00:07:55.200And if not in the racial context, I would say then the law should make room for greater moral judgment and process.
00:08:04.920The issue to me is this waving this piece of paper around whatever it was, whether it was top secret, whether it was secret compartmentalized highest form of intelligence security, whatever it may have been, no one saw it.
00:08:24.200And the document doesn't exist, as far as the court is concerned, right now, at least.
00:08:34.160All of the judgments about intent and everything else go away to me if we find out that, for example, that piece of paper ended up in the hands of Vladimir Putin.
00:08:45.940OK, that then becomes a different case.
00:08:48.880There is not one instance here of harm having been done to anyone.
00:08:52.800There is not one single instance of, in any case, that the president had any intent that was unlawful, immoral, whatever, because all of these documents.
00:09:07.240Yeah, there's an additional element in that is it looks from the context that maybe General Milley had already disclosed the conflict, the controversy.
00:09:37.540And an interesting one, because we know Milley was basically, you know, it would be the first time that it made, if I may use a non-legal term, made a horse's ass of himself by suggesting that Trump would not be
00:09:49.540reacting appropriately to provocation, we're talking with Alan Dersowitz, we'll be back with this country's legend of law in just a moment.
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00:11:28.800We're back talking with Alan Dersowitz.
00:11:30.720And you're concerned about a number of elements in this indictment, Alan.
00:11:35.600On its, just on its face, I have to say, 37 counts.
00:11:41.040This looks like the way they treated, the Justice Department treated, hundreds of people are still political prisoners of the Biden regime.
00:12:01.100And, you know, I wrote a book about this whole thing called Get Trump, which starts right from the beginning where they go after him and they target him.
00:12:08.600And in my book, I go over every single one of the allegations against him in Fulton County, in D.C., in New York, and in Florida.
00:12:19.420And I say in the book, I predicted that the strongest case would be an obstruction of justice case in Florida.
00:12:28.460We now have seen the New York case, which is extraordinarily weak, the weakest indictment I've seen in 60 years of practicing law.
00:12:35.060So it's all part and parcel of the same thing.
00:12:39.600And one has the right to look at all these cases in context and ask the question, could any American survive the kind of scrutiny that Donald Trump has gotten?
00:12:52.540And if the same resources were used against anybody else, any other former president, current president, political figure, as Robert Jackson, a justice in the Supreme Court many years ago, said,
00:13:06.980any prosecutor could rummage through the books and rummage through the evidence and find something to pin on somebody if you look hard enough and if you target that person.
00:14:11.240People talking seriously about dismantling the FBI because of its operation as the political arm, if you will, the military arm of the Marxist party.
00:14:52.320Trust me, Ellen, I'm keenly aware I'm not in a court of law, but rather one of opinion.
00:14:56.780The reality is that the Democratic Party, the permanent bureaucracy, if you will, the interagency, has proved themselves to be politically activist and dishonest.
00:15:13.140We hear, by the way, once we find out that the judge in Florida will be holding this.
00:15:19.380She's a woman who was conducting a trial for President Trump earlier, lost on a special master to the appellate court's judgment.
00:15:37.960I don't care if nine justices of the Supreme Court say that.
00:15:41.260When you rummage through a person's personal papers and you get a bunch of lawyer-client privilege information, as there was in that case, you do not let the Justice Department set up a so-called taint team to separate out the lawyer-client privilege from the unprivileged.
00:15:59.620You don't allow people who sit and have lunch next to each other, who go to the bathroom with each other, who socialize with each other.
00:16:06.560One of them becomes the taint team and doesn't tell the other what he's found.
00:16:37.620Now, it's the liberals who want to preserve and strengthen the FBI and make law enforcement stronger.
00:16:43.800It's the liberals who want to expand the Espionage Act that put dissidents in prison for years, and the conservatives are being the civil libertarians.
00:16:52.980And, you know, it's such an interesting switch of perspective, and I see it among my own colleagues.
00:16:59.060People who I've known for years who have been liberal, suddenly, when it comes to Donald Trump, they forget about the Constitution.
00:17:04.820They don't care about the Constitution.
00:17:06.640It's just get Trump, get Trump, get Trump.
00:17:09.360And I document that in my book, Get Trump, over and over again to show you how many people who call themselves liberals have turned reactionary when it comes to criminal justice and Donald Trump.
00:17:39.340There are very few people out there, but there are very few people out there who are not Trump supporters, but who support his constitutional rights and all of our constitutional rights.
00:17:49.540And I pride myself on being one of those, even though it's gotten me into a lot of trouble with former friends and even relatives.
00:18:23.880And Alan, I want to turn to what some are saying is the pivotal point that the president's court case will turn on the Presidential Records Act.
00:18:36.500What do you think there is also an executive order out there, a 13-526, pertaining to the presidential records and his powers?
00:18:55.720It gives the president the right to possess materials, and it provides a procedure which is not criminal, but a civil procedure for resolving disputes between the National Archives.
00:19:06.500And the president or the vice president of the United States, and it's incumbent on the prosecution to at least consider that and to understand that, at least at the beginning, this was a civil dispute that got turned into a criminal charge.
00:19:27.420The problem is going to be getting lawyers to make them.
00:19:29.960I can tell you, I know from personal experience, that two of the very, very best lawyers, maybe three best lawyers in Southern Florida turned down the case.
00:19:40.880They'd love to do it, but they know that there's a project out there called a group out there called Project 65, which is a group of radical leftist lawyers who have promised to go after the bar certificates and disbar and discipline any lawyer who defends Trump.
00:19:57.940And when they first said that, I wrote an op-ed saying, I will defend any lawyer who Project 65 goes after and files a bar charge against.
00:21:06.740Your assessment of the chances, I mean, he created the template for crying out loud with Lois Lerner of weaponizing the federal government, in this instance, the IRS going after conservative groups.
00:21:20.580Your assessment of what it will take to reverse this awful, awesome Marxist takeover of our government.
00:21:30.620Well, you may not, and you're right, but let's assume that I'm right and tell me what I should do.
00:21:41.400Well, first of all, let's wait to see if he can get a fair trial.
00:21:44.840I think that Jack Smith did the right thing and did the smart thing by moving the case away from the District of Columbia, where he got a lot of good legal rulings on his behalf about lawyer-client privileges.
00:21:55.080But he moved the trial itself down to Palm Beach County, which is a much more divided area than, obviously, in the District of Columbia.
00:22:18.860Destructive of the Constitution legal process.
00:22:23.160And my God, now he goes to Florida to conjure up a pretense of it.
00:22:27.420It was a very smart move to get the legal rulings, to win on those legal rulings, to appeal and then move the case down to Florida.
00:22:35.740Florida, because he was afraid that if he tried to venue it in the District of Columbia, there'd be a challenge.
00:22:43.100And that challenge would make it up to the Supreme Court, even before the trial on venue.
00:22:47.860And it might delay the trial for a long, long period of time.
00:22:51.240So he bit the bullet and decided to send it to Palm Beach.
00:22:55.340He didn't decide to send it to Miami, which he might have.
00:22:59.580But Palm Beach is likely to get him a slightly fairer jury veneer.
00:23:06.120And I think the judge who was picked seems to be an honorable judge.
00:23:11.420Yet the left is arguing, oh, my God, appointed by appointed by by Trump.
00:23:17.760But when when there were other cases where the right complained that, oh, they were appointed by Obama or appointed by Clinton or appointed by Biden, the left.
00:23:32.180And of course, now the left is attacking this judge without knowing anything about her, except that she had this one opinion that was reversed by the 11th Circuit, erroneously reversed, in my view.
00:23:43.100Well, I want to just say in terms of this judge, it's interesting, a woman judge.
00:23:51.320There's a woman judge in D.C., by the way.
00:23:53.700She happened to be the head judge, Beryl Howell.
00:25:02.260If it goes to trial a year from now, which is usually how long it takes for a complex federal indictment to go to trial, it'll be just as the conventions are starting.
00:25:11.000And it will have a major impact on the election.
00:25:15.080So maybe it'll be postponed to the election.
00:25:18.580If Trump were to be elected and he had been convicted, then the issue arises, can he pardon himself, or could he leave the presidency under the 25th Amendment for a few days and allow the vice president to pardon him?
00:25:33.440These are all complex constitutional questions.
00:25:36.160The first impression, nobody ever contemplated we get to a position where a man running for president against the incumbent is indicted.
00:25:45.460And if you're going to indict your political opponent that way, it better be the strongest case in history.
00:25:51.420And this case doesn't meet what I call the Richard Nixon standard.
00:25:54.320Richard Nixon was indicted for destroying evidence, bribing witnesses, and Republicans wanted to see him removed from office.
00:26:23.820The American public has the right to see how their criminal justice system operates, particularly in the context of a political case like this.
00:26:33.300And it's a mistake to have it filtered through MSNBC, CNN, and The New York Times.
00:26:41.340People will not get a correct view of what's going on in court.