The indictment of attorney Michael Sussman for lying to the FBI is "about the weakest indictment" legal expert Alan Dershowitz has "ever seen" in his 55 years.
"First of all, nobody should ever be charged for lying to the FBI," Dershowitz told Newsmax's "Saturday Report."
"The FBI's work model is to lie to people, to tell them they have more evidence than they have, to tell them that their friends have decided to cooperate. Lying is very much a part, unfortunately, of dialogue between FBI agents and defendants."
Sussman, a former federal prosecutor who worked at a law firm with longstanding links to the Democratic Party, was indicted Thursday for allegedly lying to the FBI ahead of the 2016 election in a conversation about possible ties between Donald Trump and Russia.
"This is an indictment that will never result in a conviction and should not result in a conviction," Dershowitz said. "If this is the best (special counsel John) Durham can do, after all this time and money, it was a complete waste of time. Now, maybe it's the beginning of another process in which other people will be indicted for real crimes, for serious crimes."
Using FBI investigations to search for crimes is antithetical to the American justice system's purpose, Dershowitz continued.
"Remember, too, these are crimes that didn't occur, before the investigation," he said. "They're crimes that are part of the investigation. That is, they're generated by the investigation. They're created by the investigators.
"That's not the way our legal system should operate."
The indictment against Sussman is a shaky legal case that will be difficult to prove, according to Dershowitz, because it was not under oath and "a violation of civil liberties."
"It's a he-said, he-said dispute about precisely what was said during a meeting between FBI agents and the defendant," Dershowitz said. "He wasn't under oath.
"It's about the weakest indictment I have ever seen."
The FBI is ostensibly claiming Sussman failed to reveal he was representing the DNC, while the lawyer was levying claims as a citizen. It has been this argument that has unraveled the basis for the Russian investigation probed by special counsel Robert Mueller.
"[Sussman] said he wasn't representing anybody; he said he was doing this as a good citizen, as a good Samaritan, and it wasn't as a result of his representation," Dershowitz said. "The jury is not going to convict based on that kind of thing."
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