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‘That’s How Serious This Is’: Alan Dershowitz Says Jack Smith May Be Indicted If Trump Wins Case
Daily Caller News Foundation ^ | August 02, 2023 | Harold Hutchison

Posted on 08/03/2023 6:36:43 AM PDT by george76

Harvard law professor Alan Dershowitz said that Special Counsel Jack Smith could himself be indicted if the indictment of former President Donald Trump is thrown out.

Smith secured a four-count indictment of Trump relating to his efforts to contest the results of the 2020 election after he previously secured a 37-count indictment against Trump in June based on an investigation into allegations surrounding classified documents, which was supplemented with a superseding indictment issued Thursday that included charges against Carlos De Oliveira, a maintenance worker at Mar-a-Lago, the Florida estate owned by former President Trump. Trump faces arraignment on the charges in the Jan. 6 indictment on Aug. 3.

“You know the worst thing about this indictment, under the terms of this indictment, Jack Smith can be indicted. Let me explain to you why,” Dershowitz said. “The statute says the following, two or more persons conspire to injure and deny somebody the free exercise or enjoyment of any right or privilege secured him by the constitution. What if a court ultimately rules that Donald Trump had a right under the First Amendment to make his Jan. 6 speech and to do what he did? Then Jack Smith will have conspired to deny him of that right. That’s how serious this is.”

“Jack Smith … deliberately, willfully and maliciously leaves out the words that President Trump spoke on Jan. 6 in his terrible speech. which I disagree with, but what he said was, ‘I want you to assemble peacefully and patriotically,’” Dershowitz added. “Jack [Smith] leaves that out. That is a lie, a lie, an omission lie and if you’re going to indict somebody for telling lies, don’t tell lies in the indictment. If you’re going to indict somebody for denying people their constitutional rights, don’t deny them their constitutional rights by indicting them for free speech. That’s how hypocritical this is.”

Dershowitz earlier said that Smith’s indictment targeted Trump’s Sixth Amendment right to counsel, by naming attorneys who represented Trump as unindicted co-conspirators.

“The Supreme Court has said in an opinion by Chief Justice [William] Rehnquist … under the First Amendment there is no such thing as a false opinion or a false idea. The response to a false idea is the marketplace of ideas or Election Day,” Dershowitz said. “So you’re absolutely right, this is a very, very dangerous indictment, dangerous to the First Amendment and also dangerous to the Sixth Amendment because it directly goes after Trump’s lawyers, names them as unindicted coconspirators without giving their names, but basically says they’re criminals for giving him advice on how to challenge the election.”


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: alandershowitz; dershowitz; freespeech; harassment; jacksmith; persecution; smith
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1 posted on 08/03/2023 6:36:43 AM PDT by george76
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To: george76

Indicted by who exactly? 🤔


2 posted on 08/03/2023 6:38:32 AM PDT by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: george76

I don’t think smith has to worry about getting indicted by merrick garland or the doj


3 posted on 08/03/2023 6:38:58 AM PDT by Jeff Vader ( )
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To: george76

Why wait. Indict the RAT butt boy now!


4 posted on 08/03/2023 6:39:37 AM PDT by FlingWingFlyer ("There's no cryin' in baseball and there's no ethics in politics!" )
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To: V_TWIN
Exactly! Professor Dershowitz would have been wiser to suggest that he'd be *subject* to indictment.
5 posted on 08/03/2023 6:41:18 AM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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To: george76
WRONG! NO member of the Deep State is EVER held accountable, by his fellow Deep State partners/Judges/and favorable Juries in D.C.

ALL D.C. Crimes should be moved to flyover country, for Jury Trials, to eliminate Jury Nullification, and gallows should be built and ready.

In the days of REAL patriots and REAL Americans, lynching in the town square of caught-in-the-act criminals eliminated repeat offenders, and additionally cleared the town of n'er-do-wells......

6 posted on 08/03/2023 6:41:41 AM PDT by traditional2 (lets go B*and*n)
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To: george76

If they press on, indictments will be the least of their worries.


7 posted on 08/03/2023 6:41:58 AM PDT by bk1000 (Banned from Breitbart)
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To: FlingWingFlyer

I highly doubt you can indict a person for bringing a case to court. One filled with republican witnesses. I guess it can be tried, but I highly doubt it will go anywhere.


8 posted on 08/03/2023 6:43:51 AM PDT by napscoordinator (DeSantis is a beast! Florida is the freest state in the country! )
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To: george76

Its an absolutely valid observation that the Democrats, in the interests of self preservation, will be desperate to win the Presidency in 2024. If Trump wins, as Obama has noted it very well may happen, he will go after his tormentors. The Democrats have shown that ex Presidents, their associates, donors, family and even their lawyers are fair game. The slimy Democrats, their big donors and the key people in their cabalknow what is in store for them if Trump wins.


9 posted on 08/03/2023 6:44:58 AM PDT by allendale
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To: george76

Until there are real consequences for the enemies of America they will strive to destroy us as a nation and soon each of us who adhere to Americanism


10 posted on 08/03/2023 6:45:32 AM PDT by Wpin ("I Have Sworn Upon the Altar of God eternal hostility against every form of tyranny...")
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To: Gay State Conservative

Dershowitz is acting as if there is still some measure of fairness within the justice system.......he must have just gotten back from his trip to Mars. SMH


11 posted on 08/03/2023 6:46:46 AM PDT by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: V_TWIN

“Smith secured a four-count indictment”

Indicted by who indeed.

Imagine a group of sub-room temperature IQs listening intently to a fatuous fraud who dresses like he’s the Imperial Guardian of the Galaxy.

Anyone here been to DC lately? Know some of y’all live there. I walked into a Walmart there the other day and it was like being in the Star Wars bar scene. English was a definite minority language, as spanish, hindi, arabic and of course Ebonics were far more prevalent.

And that’s who Mad Jack regales with his slanted “evidence” to get these Soviet Show Trial “indictments”.


12 posted on 08/03/2023 6:47:33 AM PDT by Regulator (It's fraud, Jim)
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To: napscoordinator
I highly doubt you can indict a person for bringing a case to court.

I wouldn't doubt Dershowitz's brilliant legal mind. He's defended people guilty as hell like OJ and Harvey Weinstein, so this is just T-ball.
13 posted on 08/03/2023 6:48:02 AM PDT by Observator
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To: george76
Huh ?

The Democrats (who Dershowitz has and will continue to vote for) will indict the guy they just put in charge of taking down Trump by any legal trick available ?

I am beginning to think Law School is detrimental to ones cognitive abilities.

14 posted on 08/03/2023 6:48:03 AM PDT by SecondAmendment (The history of the present Federal Government is a history of repeated injuries and usurpations ...)
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To: george76
"What if a court ultimately rules that Donald Trump had a right under the First Amendment to make his Jan. 6 speech and to do what he did?"

If they don't, it sets a terrible precedent. And this is not about Trump. Because if what Smith is doing is allowed to stand, anyone who questions the "approved narrative" is a target.

The Left (primarily) continuously tells us this is what they want--"hate speech", "anti-vaxxer", "Putin puppet", "climate science denier".....with a little digging, you can pull up examples of people wanting to put in jail or worse those they designate into those categories.

15 posted on 08/03/2023 6:49:29 AM PDT by Tench_Coxe (The woke were surprised by the reaction to the Bud Light fiasco. May there be many more surprises)
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To: george76
"What if a court ultimately rules that Donald Trump had a right under the First Amendment to make his Jan. 6 speech and to do what he did?"

If they don't, it sets a terrible precedent. And this is not about Trump. Because if what Smith is doing is allowed to stand, anyone who questions the "approved narrative" is a target.

The Left (primarily) continuously tells us this is what they want--"hate speech", "anti-vaxxer", "Putin puppet", "climate science denier".....with a little digging, you can pull up examples of people wanting to put in jail or worse those they designate into those categories.

16 posted on 08/03/2023 6:49:34 AM PDT by Tench_Coxe (The woke were surprised by the reaction to the Bud Light fiasco. May there be many more surprises)
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To: napscoordinator
I highly doubt you can indict a person for bringing a case to court.

Disgraced “Duke lacrosse prosecutor” Mike Nifong would probably disagree with you.

17 posted on 08/03/2023 6:53:14 AM PDT by Alberta's Child ("I've just pissed in my pants and nobody can do anything about it." -- Major Fambrough)
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To: Regulator

Mike Gallagher said yesterday that this smith guy has struck out at the SCOTUS every time he’s argued a case there, which tells me it’s all about hamstringing Trump as much as possible.


18 posted on 08/03/2023 6:53:37 AM PDT by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: george76

I’d like to see a picture of President Trumps peers.


19 posted on 08/03/2023 6:55:40 AM PDT by Mashood
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To: george76

Dersh is missing the key point of the rushed indictment. It is merely a cut and paste from the Jan 6 select committee. It isn’t intended to survive a legal challenge. Its only purpose was to get the Devon Archer testimony out of the headlines and away from the Sunday talk shows.

EC


20 posted on 08/03/2023 6:59:38 AM PDT by Ex-Con777
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