Dershowitz says DOJ has 'enough evidence to indict Trump, but won't

Trump’s ex-lawyer Alan Dershowitz says the DOJ has ‘enough evidence to indict’ former president, but wont because Hillary Clinton’s handling of State Department emails was worse

• Alan Dershowitz, 83, said that there is ‘enough evidence’ to indict Trump, but he won’t be because it doesn’t pass what he calls the ‘Nixon-Clinton standards’
• He said the case has to be ‘so overwhelmingly strong that even Republicans support it,’ as in Nixon’s case, and has to be ‘more serious than Clinton’s case’ 
• ‘There is enough evidence here to indict Trump, but Trump will not be indicted, in my view,’ he said 
• Dershowitz said people shouldn’t blame Judge Bruce Reinhart, who approved the warrant, but instead place blame on Attorney General Merrick Garland who allowed a search warrant to be requested
• The former Epstein and Trump lawyer reiterated several times that he believed there was ‘probable cause’ and other judges would have made the decision too 
• ‘The problem was not with Reinhart, it was with the attorney general, who didn’t follow his own guidelines,’ he said

Alan Dershowitz said the Justice Department has ‘enough evidence to indict Trump,’ but won’t do so, because it’s not worse than Hillary Clinton’s handling of State Department emails.

The former lawyer for both Jeffrey Epstein and President Trump based his claim on what he calls the ‘Nixon-Clinton standards.’ 

He said that the Justice Department won’t indict the former president because ‘the case has to be so overwhelmingly strong that even Republicans support it’ — as was the case with Nixon — and has to be ‘more serious than Clinton’s case,’ who was not criminally prosecuted.

‘There is enough evidence here to indict Trump, but Trump will not be indicted, in my view,’ he said on Hannity. ‘But Trump will not be indicted in my view because the evidence doesn’t pass what I call the Nixon-Clinton standards.’ 

Dershowitz, 83, who represented Trump in his first impeachment trial, also said federal magistrate Judge Bruce Reinhart was right to approve the search warrant on Trump’s Florida resort home Mar-a-Lago.

‘Reinhart did the right thing by signing the search warrant,’ he argued. ‘Every single judge and magistrate would have found probable cause based on this affidavit.’ 

He added that other judges ‘might have narrowed the search,’ but reiterated that he thought there was ‘absolutely no doubt that there was probable cause.’

https://youtube.com/watch?v=jRYi2pdX-qE%3Frel%3D0%26showinfo%3D1%26hl%3Den-US

Lawyer and Harvard Professor Alan Dershowitz, 83, said the Justice Department has ‘enough evidence to indict Trump,’ but won’t do so, because it’s not worse than Clinton. He said that the DOJ won’t indict the former president because the case has to be ‘so overwhelmingly strong that even Republicans support it’ and has to be ‘more serious than Clinton’s case’ 

When asked how the judge could remain bipartisan after recusing himself from a previous case involving Trump, the Harvard professor shifted the blame to Attorney General Merrick Garland. 

‘The problem was not with Reinhart, it was with the attorney general, who didn’t follow his own guidelines,’ he said on the show. 

The high profile lawyer went on to say that there shouldn’t have ‘been a search warrant requested’ in the first place, and the ‘unredacted material makes a strong case’ against one. 

Dershowitz, who said he read the redacted affidavit, said the Justice Department could have gotten a search warrant ‘five months ago’ if they wanted, but urgency wasn’t a priority. 

‘Even when they got the search warrant, they waited two days. There was no justification for a search warrant,’ Dershowitz said. ‘The Attorney General of the United States should have never sought a search warrant.’ 

Trump’s Mar-a-Lago home was raided on August 8 and ‘184 unique documents bearing classification marking,’ including 25 that were marked top secret, were found inside the estate, the affidavit claimed.

The lawyer had previous represented Jeffery Epstein (pictured together) and represented Trump during his first impeachment

He has since said he will be filing a motion stating that his Fourth Amendment rights have been violated at a ‘level rarely seen before in our country’ 

He concluded: ‘The three points are: There was probable cause, they shouldn’t have sought a warrant, there is enough for an indictment, but there will not be an indictment — and should not be an indictment based on what we’ve seen up to now.’ 

He added: ‘Once it’s unredacted maybe we’ll have to change our minds.’  

Mar-a-Lago was raided on August 8 and ‘184 unique documents bearing classification marking,’ including 25 that were marked top secret, were found inside the estate, according to the affidavit.

The Department of Justice released the heavily redacted affidavit on Friday, showing the government’s justifications for the search. The affidavit lists a precise tally of the extent of the classified or secret information that was stored at the private club for more than a year.

The affidavit describes the classification markings that agents saw after a prolonged letter battle with Trump’s lawyers to gain access to the 15 boxes of material. The National Archive — which oversees classification information — had first contacted Trump in May 2021. 

A ‘preliminary triage’ revealed agents saw documents marked ‘HCS, FISA, ORCON, NORORN, and SI.’ Each abbreviation references a different type of information that the government requires be shielded in a certain way.

The affidavit also reveals that ‘handwritten notes’ by the president himself were included in the material. 

Earlier this week, Trump said he plans to file a legal motion in response to the FBI’s early August raid, claiming his Fourth Amendment rights were violated. The Fourth Amendment mandates that a search of a person’s home is only legal when there is reasonable cause.

In a series of posts on Truth Social last week the former president condemned the breach of his Florida home after law enforcement seized the boxes of classified files he allegedly took after leaving office. 

Authorities seen outside of Mar-a-Lago after the search warrant was issued in early August 2022

The FBI collected 15 boxes of classified material, which the National Archive had contacted Trump about in May 2021 

‘Never in our Country’s history has there been a time where law enforcement has been so viciously and violently involved in the life and times of politics in our Nation,’ Trump wrote.

‘A major motion pertaining to the Fourth Amendment will soon be filed concerning the illegal Break-In of my home, Mar-a-Lago, right before the ever-important midterm elections.

‘My rights, together with the rights of all Americans, have been violated at a level rarely seen before in our Country,’ he added.

It’s the latest in Trump’s battle with the FBI, as former running mate Mike Pence said he did not remove any classified material after serving as vice president.

Two sources familiar with the matter told CBS News’ Robert Costa that Trump’s motion would be filed in the coming days and will seek the appointment of a ‘special master’ to review and return the evidence collected by the FBI on August 8.

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