Constitutional law expert Alan Dershowitz told Newsmax on Thursday that the Jan. 6 case the Supreme Court has agreed to take up "probably" applies to former President Donald Trump, in addition to a number of other Jan. 6 defendants, including his client.
"Look, these were not obstructions of justice," Dershowitz said during an appearance on "National Report." "These were attempts to exercise First Amendment rights to petition the government for a redress of grievances. Some of the people went too far and destroyed property, but those people who just tried to influence the congressional hearings were exercising their constitutional right.
"They're entitled to do it, and I think the court will render a ruling in which it says that the indictments of many of the people went too far by charging obstruction of justice."
"It doesn't apply to everybody, but I think it probably does apply to President Trump," he continued. "He, too, as a citizen, had the right to petition his government for what he believed was a redress of grievances.
"He was wrong, in my view, but that doesn't affect his legal claim of acting under the First Amendment. So, I think the Supreme Court may very well render a ruling that helps former President Trump, helps my client and helps many others who were swept up in this.
"It's very important that everybody be treated as individuals. If you did something, if you went in there and you destroyed property deliberately, that's one thing. But if you simply objected to the way in which the votes were counted, even if you were wrong, that's a complete defense under the Constitution."
On Wednesday, the Supreme Court agreed to decide if a man involved in the Jan. 6, 2021, breach of the U.S. Capitol Building can be charged with obstructing an official proceeding.
Defendant Joseph Fischer, who was indicted on seven charges following the Jan. 6 protest, is 1 of at least 325 people facing that charge for their alleged roles in the incident. The charge has also been brought against Trump in the federal case charging him with trying to overturn the 2020 election results.
In agreeing to take up the case, the justices made no mention of the Trump prosecution, but legal experts say Trump's lawyers could argue that the court's move should delay the start of the trial, slated to begin in March.
Dershowitz said everything, for both Trump and the Department of Justice, comes down to "timing," given next year's November presidential election.
"The prosecutors want a down and dirty conviction to affect the election, before the election, knowing that they very well may be reversed on appeal, but that will be too late to affect the election," he said. "And so both sides are playing the timing game and timing is always up to the judges themselves — how quickly they put the case on, how quickly they decide the case. There's very little anybody can do to affect the timing of judges."
"But it really affects all of us because there are many Americans who won't vote for somebody who has been convicted of a serious felony, whether it be on the Democratic side or the Republican side," he continued. "So, the criminal justice system has been weaponized by both sides to try to influence the election and the losers are the American public.
"We're not getting fair justice on either side. We're getting politicized, weaponized, partisan justice."
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Nicole Wells ✉
Nicole Wells, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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