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On Tuesday, Biden's Department of Justice filed yet another indictment against Donald Trump, this time regarding alleged "efforts to overturn the 2020 election" via the events that culminated in the January 6 Capitol riot. Special Prosecutor Jack Smith announced four charges: conspiracy to defraud the government, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Following the announcement, lawyer and Harvard professor Alan Dershowitz sat down with Fox News' Sean Hannity to discuss the former president's legal prospects, suggesting that while he would likely be convicted, the ruling would be overturned by the Supreme Court.
"They claim that Donald Trump actually believed that he lost the election, that everything he did was fraudulent, that he conspired with unnamed lawyers to affect the election," Dershowitz began.
"You're allowed to challenge elections. Indeed the best way to challenge elections is to come up with a slate of alternate electors ... The government has the burden of proof beyond a reasonable doubt that subjectively, Donald Trump actually believed that he lost the election and acted contrary to that belief."
"There is no smoking gun," he continued. "There is no one who is credibly prepared to testify that Donald Trump said to him, 'I know personally I lost the election'. There's a lot of evidence that people told him he lost the election, but you know Donald Trump, and you know that he's gonna make up his own mind."
Dershowitz went on to suggest that Trump's lawyers will likely try to have the case moved out of Democrat-dominated Washington, DC, where he feared the jury might actually convict the former president, to somewhere more politically neutral. He added, however, that regardless of where proceedings take place, the initial ruling would not be the final word.
"I think he may lose in the court of appeals for the DC Circuit, but he will probably win in the United States Supreme Court ... When you have the president of the United States and his people going after his opponent in a political election, it has to be beyond reproach. It has to be without any problem, it has to be the strongest case in history. This doesn't meet this standard."
Following the announcement, lawyer and Harvard professor Alan Dershowitz sat down with Fox News' Sean Hannity to discuss the former president's legal prospects, suggesting that while he would likely be convicted, the ruling would be overturned by the Supreme Court.
"They claim that Donald Trump actually believed that he lost the election, that everything he did was fraudulent, that he conspired with unnamed lawyers to affect the election," Dershowitz began.
"You're allowed to challenge elections. Indeed the best way to challenge elections is to come up with a slate of alternate electors ... The government has the burden of proof beyond a reasonable doubt that subjectively, Donald Trump actually believed that he lost the election and acted contrary to that belief."
"There is no smoking gun," he continued. "There is no one who is credibly prepared to testify that Donald Trump said to him, 'I know personally I lost the election'. There's a lot of evidence that people told him he lost the election, but you know Donald Trump, and you know that he's gonna make up his own mind."
Dershowitz went on to suggest that Trump's lawyers will likely try to have the case moved out of Democrat-dominated Washington, DC, where he feared the jury might actually convict the former president, to somewhere more politically neutral. He added, however, that regardless of where proceedings take place, the initial ruling would not be the final word.
"I think he may lose in the court of appeals for the DC Circuit, but he will probably win in the United States Supreme Court ... When you have the president of the United States and his people going after his opponent in a political election, it has to be beyond reproach. It has to be without any problem, it has to be the strongest case in history. This doesn't meet this standard."
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