Alan Dershowitz, a professor emeritus at Harvard Law School, told Newsmax Tuesday that former President Donald Trump has emerged as "the big winner" amid reports of sensitive files being found at President Joe Biden's University of Pennsylvania office in Washington D.C.
Joining "The Record with Greta Van Susteren," Dershowitz said he's "absolutely confident" the former president could no longer be charged for documents obtained at Mar-a-Lago, after a similar situation involving Biden — while he served as vice president to President Barack Obama — occurred at Penn Biden Center.
"If you have two people running for president against each other, both of whom have mishandled classified material, the idea of prosecuting the one who is running against the incumbent and not going after the one who is the incumbent wouldn't pass the neutral principles test," Dershowitz explained.
"Even if there was any possibility that Trump could have previously been indicted for [the] mishandling of classified material at Mar-a-Lago, that has gone out the window completely today," added Dershowitz.
Although Dershowitz is sure "there will not be a criminal prosecution against Donald Trump" for allegedly mishandling classified material, he warned that indictments related to Trump's involvement in the Jan. 6, 2021 Capitol riot might still occur.
"But I think the Mar-a-Lago thing has been essentially ... trumped by the disclosures involving Biden," Dershowitz reiterated, while adding that he doesn't believe either Trump or Biden intended to endanger national security.
Dershowitz also adjusted his coined "Clinton-Berger" test for going after Trump, a reference to the Justice Department not prosecuting former Secretary of State Hillary Clinton and former National Security adviser Sandy Berger for housing classified material.
"To go after Trump has to pass the Clinton-Berger test, and now the Clinton-Berger-Biden test," the law expert laid out. "It has to be substantially worse than what three Democrats did."
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