According to Alan Dershowitz, the Justice Department has “enough evidence to charge Trump,” but will refrain from doing so since her handling of State Department emails pales in comparison.
The former attorney for President Trump and Jeffrey Epstein based his assertion on what he refers to as the “Nixon-Clinton standards.”
According to him, the Justice Department won’t arrest the former president because the evidence must be “more severe than Clinton’s case,” who was not criminally punished, and “so overwhelmingly powerful that even Republicans support it,” as was the case with Richard Nixon.
On Hannity, he said, “There is enough evidence here to charge Trump, but Trump will not be indicted, in my opinion.” But in my opinion, Trump won’t be charged because the evidence doesn’t meet what I refer to as the Nixon-Clinton criteria.
Dershowitz, 83, who defended Trump in his first impeachment trial, said that US magistrate Judge Bruce Reinhart made the correct decision in approving the search warrant for Trump’s Mar-a-Lago estate in Florida.
He said that Reinhart made the proper decision in signing the search warrant. Based on this affidavit, “every single judge and magistrate would have found probable cause.”
Other judges “may have reduced the search,” he said, but insisted that he had “absolutely no question” that there had been probable cause.
The Harvard professor shifted the burden on Attorney General Merrick Garland when asked how the judge could stay impartial after stepping down from a prior case involving Trump.
He said on the programme that the attorney general, who disregarded his own instructions, was the issue rather than Reinhart.
The well-known attorney continued by asserting that no search warrant should have been issued in the first place and that the “unredacted evidence makes a compelling argument” against one.
The Justice Department could have obtained a search warrant “five months ago,” according to Dershowitz, who claimed to have seen the redacted affidavit, but expediency wasn’t a concern.
They delayed two days even after receiving the search warrant. A search warrant was not necessary, according to Dershowitz. “The US Attorney General ought never to have requested a search warrant.”
“The three points are: There was probable cause, they shouldn’t have obtained a warrant, there is enough for an indictment, but there will not be an indictment — and should not be an indictment based on what we’ve seen so far,” he said in summarising his argument.
When it isn’t deleted, he said, “Perhaps we’ll have to alter our thoughts.”
‘184 distinct papers carrying classification marking,’ including 25 that were tagged top secret, were discovered inside the estate during the August 8 search on Mar-a-Lago, according to the affidavit.
The extensively redacted document, which outlines the reasons why the search was conducted, was made public by the Department of Justice on Friday.
The statement includes a detailed accounting of the volume of sensitive material that was kept at the exclusive club for more than a year.
In the affidavit, classification marks are described that agents saw following a protracted correspondence dispute with Trump’s attorneys to get access to the 15 boxes of documents.
The National Archive, which is in charge of managing classified documents, first got in touch with Trump in May 2021.
Agents spotted papers with the markings “HCS, FISA, ORCON, NORORN, and SI,” according to a “preliminary triage.” Each acronym refers to a particular kind of information that the government must be protected in a certain manner.
The declaration also shows that the document included “handwritten notes” that were written by the president.
Trump said earlier this week that he intends to file a court action in response to the FBI raid in early August, alleging that his Fourth Amendment rights were infringed upon.
According to the Fourth Amendment, a house search is only permitted when there is a valid purpose for it.
Last week, when law enforcement confiscated the boxes of secret documents he reportedly took with him after leaving office, the former president denounced the invasion of his Florida residence in a series of tweets on Truth Social.
Trump wrote: “There has never been a period in the history of our Country when law enforcement has gotten so aggressively and brutally engaged in the lives and times of politics in our Nation.”
“Shortly after the crucial midterm elections, a significant motion involving the Fourth Amendment will be filed about the unlawful break-in of my property, Mar-a-Lago.
“My rights have been violated at a degree seldom seen before in our Country, along with the rights of all Americans,” he said.
As former running mate Mike Pence said, he did not remove any secret information after serving as vice president. This is the latest development in Trump’s spat with the FBI.
Robert Costa of CBS News was informed by two persons with knowledge of the situation that Trump will submit a petition in the next days asking for the appointment of a “special master” to examine and return the material the FBI gathered on August 8.