Former President Donald Trump’s federal charges related to classified documents at his Florida residence are not a straightforward case or the type of case that should be brought against someone running against the current US president, stated Alan Dershowitz, a Harvard Law professor emeritus, during an interview on Newsmax Sunday.
Dershowitz emphasized that the evidence presented on television will allow every American to form their own judgment, independent of the perspectives provided by media outlets such as The New York Times, CNN, or MSNBC. These remarks were made during Dershowitz’s appearance on Newsmax’s “Sunday Agenda.”
Furthermore, the outcome of much of the case will depend on whether the court excludes conversations between Trump and his attorneys, which may be protected under lawyer-client privilege, according to Dershowitz.
When asked about the possibility of political persecution against Trump, Dershowitz acknowledged that it appears to be “politically motivated.”
Dershowitz remarked, “I think that Trump unwittingly fell into a politically motivated trap by making certain statements on tape and to his lawyers, so there is some fault on both sides.”
Regarding the potential relevance of the Presidential Records Act to Trump’s defense, Dershowitz noted that its application remains uncertain.
“It certainly has some applicability,” he acknowledged. “It allows for the resolution of civil disputes over the ownership of personal presidential materials without resorting to a criminal trial. However, it does not explicitly address classified materials that may be in the possession of the president.”
Dershowitz also highlighted the possibility that materials can have both classified and personal attributes simultaneously.
“For instance, if the president takes notes or writes a letter to a spouse or colleague about classified matters, those materials can be considered both classified and personal. Therefore, the issue should be resolved through civil means in a civil court,” he suggested.
“Bringing criminal charges should be an absolute last resort, especially when the person being targeted is running for president against the incumbent president from the prosecutor’s party.”
According to Dershowitz, the case should have been resolved civilly, and that would have been possible if President Trump had followed the advice of his lawyers to return the documents. He emphasized that there is fault on all sides.
However, Dershowitz disagreed with the appointment of a special prosecutor to investigate Trump, suggesting instead an examination of the issues that arise when former officials retain official materials.
Dershowitz concluded by stating that to a special prosecutor, “each piece of evidence only serves to focus on the person being targeted by the attorney general who appointed them to specifically investigate that individual.”
{Matzav.com}
This whole case is unfair.
It is unfair to know the prosecution would consider jail time for a retired president.
The reality should come down to ever fining Donald Trump. Any felony counts should ever be reduced to misdemeanors. He is a president, an institution and he commands authority.
Another talking head attempting to muddy the waters. Innocent until PROVEN guilty. Let’s see what a jury believes.
A jury? What, of Trump haters?