Dershowitz: I Don't See How an Administration Can Charge a Presidential Candidate

Alan Dershowitz (Richard Drew/AP)

By    |   Thursday, 08 June 2023 10:39 PM EDT ET

Legal expert Alan Dershowitz told Newsmax that he has significant issues with the Department of Justice's decision to indict former President Donald Trump on Thursday.

Speaking with Sebastian Gorka in a special segment, the Harvard Law School professor emeritus explained that he does not see how an administration can throw charges at a candidate running for president to replace them.

"Unless this indictment is the strongest case since [former President] Richard Nixon's obstruction of justice back in the 1970s, this is a disgrace," stated Dershowitz, author of "Get Trump."

"When you have the current administration going after the man who was potentially capable of unseating them, it better be the strongest case imaginable," he continued. "It better be the case that would get bipartisan support."

However, Dershowitz pointed out, Republicans are not on board with the indictment. The full slate reportedly includes seven counts, including violations of the Espionage Act and conspiracy to obstruct justice.

But the professor still urged viewers to wait until Tuesday at 3 p.m. ET for the former president's scheduled arraignment to see if they actually "have smoking guns" or not.

"If they don't have smoking guns, this is an indictment that never, ever should have been brought if it's anything like a close case. It looks like it is a close case," he noted.

Dershowitz maintained that the Justice Department's special counsel, John L. Smith, would not be able to make a case that Trump intended to use the documents housed at Mar-a-Lago for foreign espionage.

"If President Trump believed that he had declassified the material and that he was entitled to possess them, then it can't be a crime to refuse to turn them over," Dershowitz emphasized.

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Legal expert Alan Dershowitz told Newsmax that he has significant issues with the Department of Justice's decision to indict former President Donald Trump on Thursday.
alan dershowitz, donald trump, indictment, candidate, doj, espionage act, obstruction
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Thursday, 08 June 2023 10:39 PM
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