Harvard law professor and author Alan Dershowitz told Newsmax Tuesday that Manhattan District Attorney Alvin Bragg’s indictment of former President Donald Trump in New York is “not justice in America.”
“You can make crime out of anything,” Dershowitz said during “National Report” Tuesday. “And even if they managed to get him on something that nobody else has ever been prosecuted for, that is not justice in America.”
Dershowitz said that in his book, “Get Trump,” he examines the four cases being investigated against him and finds nothing criminal in them.
“[In the book] I go through each of the four cases, each of the four cases against him, and I demonstrate there is nothing to any of them,” he said. “This is all targeted prosecution, and this comes from a liberal Democrat, who has every intention of voting against Trump for the third time. This is not about politics. This is about rule of law surviving.”
Bragg and a grand jury handed down the indictment last Thursday relating to a 2016 payment to porn star Stormy Daniels to keep her quiet about an alleged affair the pair had years earlier.
Trump is scheduled to appear in Manhattan Criminal Court Tuesday afternoon to be processed and arraigned in the case as the first current or former president in U.S. history to face criminal charges.
He is later scheduled to make a statement and possible press conference from his Mar-a-Lago estate in Florida Tuesday night.
Dershowitz said that he believes it would be unconstitutional for the judge in the case, Judge Juan Merchan, to issue a gag order prohibiting Trump and those involved in the case from discussing it publicly.
“He will give that speech. There will be no gag order,” Dershowitz said. “If there were to be a gag order I would put together the best team of first amendment lawyers.
"Even the American Civil Liberties Union that doesn't generally get involved in cases favoring Trump would support that. You cannot put a gag order on a man running for President of the United States. That would be so unconstitutional.
"The prosecutor in New York City can't be determining the outcome of an election. So, you can be sure that we will take the case to the Supreme Court if a gag order is imposed on behalf, not of Donald Trump, but on behalf of those of us who want to hear him talk.”
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