A former federal prosecutor said Wednesday that the lawsuit against former President Donald Trump over the 2020 election is “very sensitive.”

After securing 37 indictments against Trump in June based on an alleged investigation into classified documents, Special Counsel Jack Smith said: Secured four prosecutions.Trump to face arraignment in federal court in Washington DC on August 3 (Related: Attorney says ‘political speech’ faces ‘criminal prosecution’ at ‘highest level’ after Trump indictment)

“I think a lot of people are probably surprised that there weren’t any accusations directly related to rioting and inciting violence that day,” Katie Cherkasky told CNN News Central host Jim Shute. said. “But I think it’s really remiss to look at the big picture here and not talk about jurisdiction in this case from the criminal prosecution’s point of view.”

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“There’s a lot of debate about the facts, and I think Donald Trump is clearly trying to put up some defenses regarding the First Amendment, attorney-client privilege, but ultimately this case is It’s unprecedented from a legal standpoint.” I think it’s constitutional and it could be a really big deal,” Cherkassky continued. “Thus, although his conduct may be highly reprehensible, I think the idea of ​​criminal prosecution here is very tenuous.”

Legal experts said many of the acts Smith claimed to be criminal in the indictment appear to be protected by the First Amendment to the U.S. Constitution. Harvard law professor Alan Dershowitz said the indictment attacked not only the First Amendment, but also the rights of attorneys under President Trump’s Sixth Amendment.

“There’s a very, very dangerous indictment, dangerous for the First Amendment, and dangerous for the Sixth Amendment, because it goes straight to Trump’s lawyers, and their names, too. They’re silently naming unindicted co-conspirators, and they’re basically saying they’re criminals for advising Trump, ‘how to challenge the election,’ Dershowitz said. He told Fox Business presenter Larry Kudrow on Wednesday.

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