Harvard law professor Alan Dershowitz said Tuesday that special counsel Jack Smith’s Capitol riot-related indictment against former President Donald Trump is unlikely to “survive” court scrutiny.
After securing 37 indictments against Trump in June based on an investigation into alleged classified documents, Smith filed four in connection with Trump’s efforts to challenge the results of the 2020 election. , but the indictment was supplemented with a replacement order. The indictment, issued Thursday, also included charges against Carlos de Oliveira, a maintenance worker at Mar-a-Lago, a Florida mansion owned by former President Trump. Trump was ordered to appear before a federal judge on August 3. (Related: ‘Too weak and thrown out’: Jesse Watters accuses Trump-indicted DOJ Jack Smith of ‘mental breakdown’)
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“I read the indictment carefully. There is no conclusive evidence,” Dershowitz said. “No one is ready to give credible testimony that Donald Trump said, ‘I know personally that I lost the election.’ There are many, but I know Donald Trump, I know he will decide for himself, and they will have a very hard time proving it. 90-odd percent of jurors would vote against him, so he could actually be convicted by a jury in Washington, D.C., but he would have to face appeals and Supreme Court reconvictions. Will there be a trial and a conviction? I don’t think so.”
“This indictment seems like a layman’s joke. Frankly, Special Counsel Jack Smith should be charged with stupidity and it’s so bad,” Fox News legal said. analyst Greg Jarrett said. “But he has a disgraceful habit of prosecuting politically driven prosecutions by distorting the law and falsifying evidence.”
Smith indicted then-Republican Virginia Gov. Bob McDowell over accepting gifts and confirmed his conviction on multiple charges that the Supreme Court unanimously dismissed in 2015.
“I’ve never seen an indictment so messy and sloppy in my life,” said former Acting Attorney General Matt Whitaker. “At the end of the day, they’re saying no. It should be a matter of what Donald Trump thought or didn’t think, but instead they used the rational person test to That’s what I was trying to suggest. [of National Intelligence John] Radcliffe, Attorney General Barr and others told the President that for some reason no rational person would believe him, but he lost. ”
“This is a silly indictment and politically motivated,” Jarrett said.
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