Harvard Law Professor warns Trump indictment may harm Jack Smith.
Harvard Law Professor: Indictment of Trump Could Backfire on Special Counsel
In a recent interview, Harvard law professor Alan Dershowitz raised concerns about the potential consequences for special counsel Jack Smith if the indictment against former President Donald Trump is dismissed. Dershowitz argued that Smith himself could face indictment based on his own standards.
Smith recently brought a four-count indictment against Trump, accusing him of attempting to challenge the results of the 2020 election. This follows a previous 37-count indictment in June, which alleged Trump’s mishandling of classified documents.
Trump is scheduled to face arraignment on the charges outlined in the new indictment later this week.
“Under the terms of this indictment, Jack Smith can be indicted,” Dershowitz stated during an appearance on Fox News.
Dershowitz pointed to a specific statute that states, “if 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.” He argued that if a court were to rule that Trump had a First Amendment right to make his Jan. 6 speech and take the actions he did, then Smith would have conspired to deny him that right.
“Jack Smith also in his indictment 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.
Dershowitz further criticized Smith’s indictment for targeting Trump’s Sixth Amendment right to counsel. The indictment referred to attorneys who represented Trump as “unindicted co-conspirators.”
“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 co-conspirators without giving their names, but basically says they’re criminals for giving him advice as to how to challenge the election,” Dershowitz warned.
These concerns raised by Dershowitz highlight the potential implications of the indictment against Trump and the legal ramifications it may have for Smith himself.
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