Alan Dershowitz Points Out the ‘One Page’ In Trump’s Indictment the Former President Should Be Very Concerned About

 

Renowned defense attorney and law professor Alan Dershowitz joined Fox Business on Friday to discuss the unsealed federal indictment of former President Donald Trump.

Host Larry Kudlow, a former Trump economic adviser, began by playing a clip of Dershowitz speaking before the indictment was made public.

“It’s an extraordinarily dangerous indictment, potentially dangerous to the rule of law. Dangerous to the neutral application of criminal justice and dangerous to establishing a precedent that each side will weaponize the criminal justice system against their political opponents,” Dershowitz said in the clip.

Kudlow then introduced Dershowitz, who also defended Trump during one of his impeachment trials. “You’ve seen now the expanded indictment, I guess, what you’re thinking?” Kudlow asked.

“Well, I’ve read the indictment very carefully,” Dershowitz replied, adding:

There’s only one page that has anything of substance to it. The stuff about moving boxes and that’s all covered by the Presidential Records Act, probably not criminal at all. The one page that’s of concern, obviously, if it’s true, is the tape recording that was made of a conversation ex-President Trump had with a writer who was writing a book about Meadows, in which he said, look, I have these documents. They’re secret. I could have declassified them when I was president, but I didn’t. And then either shows it and it shows him that he has it.

And that was the basis for the most important charge under the Espionage Act. The rest of it, I think, can easily be defeated on legal and factual grounds. This is the one that should be worrisome to the president, and he may have an answer for it. He may be able to say, look, I was just showing off a little bit. I didn’t really have them read the document. I just flashed them in front of their eyes to show them, look, I’m the former president and what I’m telling you is true. These documents prove it. But that’s the only page in the indictment that should really worry President Trump and his lawyers.

“I don’t understand the espionage charge here. In other words, he didn’t sell it to a foreign government,” Kudlow then asked Dershowitz.

“Look, the espionage statute is one of the worst statutes on the book. It was passed by Woodrow Wilson in 1917 to imprison his political enemies and people who were opposed to the First World War,” Dershowitz replied, adding:

Every liberal in the last hundred years has been opposed to the Espionage Act because is had nothing to do with espionage. It deals with dissent, it deals with opposition to war. It deals with speech. And it’s a horrible, horrible statute. But it does cover by its terms transmitting to anybody who’s not authorized the contents of classified material. It doesn’t require espionage as the title of the statute would seem to imply.

It doesn’t require it be given to an enemy. It doesn’t require that money be paid in exchange. Now, whether or not the law is that broad and can be construed that broadly, whether or not that’s constitutional, after all, Trump has a constitutional right to have a conversation with somebody and to tell him about what he did in office. And if the statute is going to be applied to him, it has to be a narrow and constitutionally acceptable statute. So there’s a lot to fight about. But I’m just telling you, it’s the one paragraph, the one page that should cause concern by President Trump.

Watch the full clip above via Fox Business.

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Alex Griffing is a Senior Editor at Mediaite. Send tips via email: alexanderg@mediaite.com. Follow him on Twitter: @alexgriffing