The U.S. government's attorneys, while determining what they want to be redacted from the affidavit supporting the FBI's search warrant for former President Donald Trump's Florida estate, will "cherry-pick" what they want to be released, but items that are unfavorable to Trump will be allowed to be released, Harvard Law professor emeritus and Newsmax analyst Alan Dershowitz said Saturday.
"They will not redact anything unfavorable to Trump," Dershowitz explained on Newsmax's "America Right Now."
"They will redact things that are favorable to Trump. They'll claim national security."
U.S. Magistrate Judge Bruce Reinhart, who signed off on the FBI's search warrant, on Thursday gave the government's lawyers a week to determine what they want to be redacted from the affidavit before it's released.
Reinhart did unseal some documents that the Department of Justice agreed on releasing, including a warrant cover sheet laying out alleged crimes that are being investigated as well as a pre-search motion to seal everything in the name of investigation integrity and evidence preservation.
Lawyers for several news organizations are arguing that the release of the affidavit would allow the public to decide if there were legitimate reasons for the FBI to search the property. Trump is also calling for the release of an unredacted version of the affidavit and said Friday he is considering legal action against the government, based on his Fourth Amendment rights.
Dershowitz on Saturday said Reinhart will not allow Trump's lawyers to be present when determining what should be redacted, as "then they would find out the names of informers."
He added that he believes Reinhart has been handling the case and himself "very well," and has "done what everybody said he would not do."
He added that the redacted parts of the affidavit will likely be out by next Thursday, a week after Reinhart's initial ruling, but "we probably won't see everything."
Dershowitz on Saturday also discussed a case in Minnesota in which preferences according to race are being allowed when it comes to teacher layoffs.
Under the terms of a new contract recently agreed upon by the Minneapolis teachers union and Minneapolis Public Schools, a provision protects teachers of color when it comes to layoffs.
In the provision, it states that teachers will be laid off by "order of seniority" unless the teacher is "a member of a population underrepresented among licensed teachers in the District."
Dershowitz said the policy of giving racial advantages is "unconstitutional" and can't be used as a factor in making governmental decisions.
"You can look at seniority, you can look at qualifications, meritocracy. You can define meritocracy broadly, but you can't say that an advantage or disadvantage occurs just because of race," said Dershowitz. "It just blows my mind that these legislators and these elected officials continue to pass these laws which are clearly unconstitutional."
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Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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