Alan Dershowitz told Newsmax on Monday that the Department of Justice ''can't be trusted'' with an internal review of the Mar-a-Lago files, calling for an independent investigation instead.
On ''Spicer & Co.,'' the law expert took former President Donald Trump's side in questioning the Justice Department's assertion that it found only a ''limited set'' of documents that are potentially protected by attorney-client privilege.
The retired Harvard Law School professor served on Trump's impeachment team.
''The Justice Department says, 'Trust us. We're the government. We looked it over, and we don't find this privilege. Trust us. We're the government,''' Dershowitz explained.
''As a defense attorney, I think I speak for many defense attorneys: We don't trust that. We don't trust the Justice Department to monitor itself. Who will guard the guardians? An independent master is much, much better,'' he added.
Dershowitz outlined that likely candidates for a special master, if granted, could be a former judge to a former law school dean or possibly even a former Supreme Court justice.
''Somebody who has no connection with the prosecutors in the current Justice Department. That's the essential point — a complete separation,'' the constitutional lawyer said.
(On a closely related note, the Justice Department told a federal judge on Monday that former President Trump's demand for a special official to review all of the documents seized from his Mar-a-Lago residence might be too late.)
On the topic of document review by Justice, Dershowitz took primary issue with the possibility that DOJ officials in one section of the department could give tip-offs or help their colleagues involved in prosecuting the former president.
''I don't know if it will benefit him or not, it depends on what's in the material, but the process is the right one,'' Dershowitz said on whether the special master would benefit Trump's case.
''The process is an independent, objective one rather than the Justice Department making decisions for the other part of the Justice Department,'' he continued. ''Of course they're going to lean over backward to help their fellow prosecutors, who they have lunch with every day.''
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