In a recent interview with Real America’s Voice, renowned legal scholar Alan Dershowitz shared his perspective on the potential legal outcomes facing former President Donald Trump. Dershowitz expressed his concerns about the fairness of trials Trump might face in certain districts.
When asked about the possibility of legal resolutions before the upcoming election, Dershowitz responded, “That’s the problem. We’re gonna have some convictions of Donald Trump because he’s being tried in districts where you can’t get a fair trial.”
He believes that any convictions might be reversed post-election, but by then, the damage to Trump’s electoral prospects would have been done. “The strategy is down and dirty, unlawful convictions to influence the election.”
Drawing attention to the challenges of securing a fair trial for Trump, Dershowitz remarked, “New York they can definitely convict a ham sandwich if his name is Trump. I think the same thing is true in Fulton County.”
Dershowitz also highlighted the immense volume of discovery materials in Trump’s case, stating, “And if you have 12 million pages of discovery, no lawyer can prepare for a trial within several months.” He firmly believes that considering the vast amount of discovery, the trial should be postponed until after the election.
Dershowitz has been critical of the Trump indictments. In June he voiced his concerns regarding the strength of Trump’s Mar-a-Lago indictment. He labeled the indictment as potentially dangerous to the rule of law and the impartial application of criminal justice.
“If this indictment is as weak as it appears to be from what has been disclosed so far, it may be the most dangerous indictment in political history,” he explained.
Trump has continued to refute all allegations, asserting his innocence.
Dershowitz’s comments come timely, as the legal challenges continue to mount for the former president. On Friday Jack Smith filed a ‘gag order’ against Trump for his January 6th indictment. The order seeks to prevent comments that might sway the trial’s result or bias potential jurors, the prosecution argues.
Smith’s order cites the court’s “duty” to shield the trial process from external influences that could materially prejudice its proceedings. The order stipulates that parties involved in the case, including their attorneys, are barred from making or authorizing public statements, including on social media platforms, that carry a significant likelihood of causing material prejudice to the case. This encompasses:
- Statements discussing the identity, testimony, or credibility of potential witnesses.
- Statements that are disparaging, inflammatory, or intimidating about any party, witness, attorney, court personnel, or potential jurors.
- The defendant, in this case, Trump, is also restricted from having surrogates make such statements on his behalf.
Permissible Statements: The order does not prevent the defendant or his representatives from:
- Quoting or referring to the court’s public records in the case without adding any commentary.
- Announcing the scheduling or outcome of any judicial process stage.
- Seeking assistance in gathering evidence.
- Simply stating, without any additional commentary, that the defendant denies the charges.
The trial for Trump’s alleged interference in the 2020 election will take place on March 4, 2024. This places the trial squarely in the midst of the GOP presidential primary calendar. This has followed the investigation by Jack Smith into Trump’s potential involvement in the Capitol riot of January 6, 2021, and purported meddling in the 2020 election results.
On August 1, Trump faced four federal indictments as a result of Smith’s January 6 inquiry. These charges encompass conspiring to defraud the United States, plotting to obstruct an official proceeding, obstructing and attempting to obstruct an official process, and conspiracy against rights.