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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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To: george76

ANY indictment of criminal Bidet administration officials by Trump47 MUST take place in Oklahoma, Alabama, Florida, etc. Under NO circumstances should ANY Trump47 official acts be adjudicated in the DC circuit.


41 posted on 08/03/2023 10:43:21 AM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: george76

Why do people quote this disgusting leftist Epstein super fan all the time? He’s a gross pedo who deserves jail rather than being promoted by conservatives.


42 posted on 08/03/2023 10:44:41 AM PDT by GulliverSwift
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To: V_TWIN

This is what I was thinking about the Trump-DeSantis feud. If my dog smells another dog’s piss on a tree, he automatically pisses over it. If the original pissing dog smells my dog’s piss, he will piss on the tree again. Trump and Desantis are in politics.


43 posted on 08/03/2023 10:46:53 AM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: ding_dong_daddy_from_dumas

And are both A types, which means any hope that they work together or one bow to the other e.g. Governor DeSantis being Trumps VP pick is a real pipe dream.


44 posted on 08/03/2023 11:14:35 AM PDT by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: george76

Something just occurred to me. Does the professor’s prediction apply if DJT is convicted by the jury but the conviction(s) is/are overturned by the Federal appeals courts? After all...we all known that if this case ever reaches a DC jury he’ll be convicted on all counts.


45 posted on 08/03/2023 2:38:47 PM PDT by Gay State Conservative (Two Words: BANANA REPUBLIC!)
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To: george76

I don’t see Trump’s lawyers filing motions to dismiss any of these indictments. It’s not a stretch to infer Trump has incompetent lawyers again.


46 posted on 08/04/2023 8:38:26 AM PDT by Rightwing Conspiratr1
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To: Rightwing Conspiratr1
It’s not a stretch to infer Trump has incompetent lawyers again.

Like the hooker looking lawyer doing interviews yesterday at the courthouse, UGH. Then he has this thug guy, can't remember his name, sitting next to him. These lawyers have done nothing for him as far as I can tell.

47 posted on 08/04/2023 8:41:40 AM PDT by 1Old Pro
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To: 1Old Pro
These lawyers have done nothing for him as far as I can tell.

If motions to dismiss are successful, there are less billable hours for a grifting lawyer.

48 posted on 08/04/2023 8:49:24 AM PDT by Rightwing Conspiratr1
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To: Bshaw
When Trump is re-elected it will no longer be Merrick Garland’s DOJ.

Would that God would grant that grace to our nation. However, I fear our government is similar to that of King Zedekiah, and we will befall a similar fate to that of Judah.

49 posted on 08/04/2023 9:07:13 AM PDT by COBOL2Java ("Life without liberty is like a body without spirit." - Kahlil Gibran)
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