Dershowitz claims Trump case fails ‘banana republic test’.
Special Counsel’s Case Against Trump Fails to Pass “Banana Republic Test,” Says Harvard Law Professor
According to Harvard Law School Professor Emeritus Alan Dershowitz, special counsel Jack Smith’s case against former President Donald Trump fails to meet the “banana republic test.” During a discussion with Blaze Media co-founder Glenn Beck, Dershowitz argued that prosecutors will struggle to prove Trump acted with a “corrupt motive” as he sought to challenge the 2020 election results.
Despite this, the investigation is intensifying as Trump positions himself as the GOP frontrunner for the 2024 race, potentially setting up a rematch with President Joe Biden, Dershowitz noted.
Alan Dershowitz tells @glennbeck: “This doesn’t satisfy the Banana Republic test. In Banana Republics, presidents prosecute their political opponents and the stronger their political opponents are in the polls, the more likely they are to be prosecuted.” pic.twitter.com/uTUnom7MPG
— TheBlaze (@theblaze) August 2, 2023
Dershowitz pointed to polling data showing Trump and Biden neck-and-neck in a head-to-head matchup. He emphasized that any indictment against the former president must be backed by the strongest evidence in American history, a “smoking gun.”
The four-count indictment brought against Trump on Tuesday is deemed “flawed” and ”speculative” by Dershowitz. He argues that it falls short of the “Nixon standard” set during the Watergate scandal when Nixon’s Republican allies turned against him.
Trump is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing an official proceeding, and conspiracy against rights. He is expected to be arraigned in Washington, D.C., on Thursday.
Former acting Solicitor General Neal Katyal defends Smith’s case, stating that the special counsel was chosen as an independent, career prosecutor. He dismisses claims that the Biden Justice Department is unfairly targeting Trump as “poppycock.”
On the other side of the argument, George Washington University law professor Jonathan Turley wrote an op-ed published by USA Today, asserting that Smith’s case aims to criminalize false political claims, potentially infringing on the First Amendment and Supreme Court precedents.
In addition to the current case, Trump faces two other indictments related to documents and hush-money, brought by Smith and Manhattan District Attorney Alvin Bragg, respectively. He may also face charges in a 2020 election inquiry in Georgia. Trump vehemently denies any wrongdoing and claims to be the victim of a political “witch hunt.”
Dershowitz, who defended Trump in his first impeachment trial, previously stated on Fox Business that Smith’s documents-related case against the former president failed to meet the Nixon test and could be the most dangerous indictment in political history.
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