Dershowitz Discusses Federal Oversight of State Legal Actions
Alan Dershowitz appeared on Newsmax recently, suggesting that there might be a need for federal intervention to hold state officials accountable for what he describes as politically driven misuse of the legal system.
The Office of Special Counsel (OSC) initiated an investigation over the weekend regarding whether special advisor Jack Smith breached the Hatch Act by engaging in prohibited political activities while overseeing two criminal probes against President Donald Trump during his candidacy for 2024. During his segment on “The Record with Greta Van Susteren,” Dershowitz specifically mentioned New York District Attorney Alvin Bragg and New York Attorney General Letitia James, implying that their actions might warrant federal scrutiny.
“When Bragg and James misuse the Constitution in a way that violates it, I think that allows for federal jurisdiction over state officials,” Dershowitz stated. “I think there are creative lawyers out there. I’m not suggesting criminal prosecution — I’m not a fan of that — but there may be civil avenues for holding them accountable for their political misuse of the legal system.”
While discussing these issues, Dershowitz expressed his agreement with Van Susteren’s proposal to outline his intentions in an email.
“I agree with you. Discovering other motives involves lower-level individuals within the office who might testify that Smith’s actions were, in fact, motivated by this or that. In New York, it’s relatively straightforward to show intentions,” he noted.
Dershowitz took aim at what he termed the politicization of legal systems. “They openly bragged about it. They entered this space to weaponize the legal and criminal systems for their political gain. It was particularly evident in New York, but it didn’t reflect the nation at large,” he remarked.
In June 2023, Smith charged Trump with mishandling confidential documents, including 31 counts of espionage violations. Another indictment followed in August 2023, where Trump faced four felony counts tied to attempts to overturn the 2020 election results.
By July 2024, Judge Eileen Cannon dismissed the Classified Document Case, ruling that Smith’s appointment contravened the appointment clause of the U.S. Constitution. After Trump’s victory in the 2024 election, Smith halted election-related lawsuits, which diverged from the Department of Justice’s long-standing practices.
