Dershowitz: Trump Indictment Is Weak Except for One Worrisome Charge


by R. Cort Kirkwood, The New American:

The 44-page federal indictment of former President Donald Trump levels the most serious charges he has faced to date in the campaign to destroy him. They could send him to prison for 100 years.

Except for one, those allegations are weak, a truth that doesn’t help the 45th president. For Special Counsel Jack Smith has charged him not just with obstruction of justice, but with 31 violations of the Espionage Act. That statue — 18 U.S. Code § 793 (e) / “Gathering, transmitting or losing defense information” — doesn’t just forbid passing classified documents to a foreign government. It punishes willfully mishandling documents.


Thus does the indictment imperil Trump for that reason alone, his impeachment attorney Alan Dershowitz says.

Yet Dershowitz also says no other president has been or would have been charged for taking classified documents on leaving office. That means the indictment is a selective prosecution that seeks to cripple Trump’s 2024 bid for the White House.

If it succeeds, the politicization of justice will be complete. No candidate, Republican or Democrat, will be safe.

Taped Conversation

Whether Republicans would have mettle to attack a former President Biden with the same vigor as his Justice Department has attacked Trump and his supporters is open to question. But that aside, Trump’s big mistake was, per usual, running his mouth. Said mouth-running was recorded.

He just had to either show or discuss a classified document with a writer to prove a point. Trump met with the writer to discuss a book about White House Chief of Staff Mark Meadows on July 21, 2021 at his Bedminster Club.

“Two members of TRUMP’s staff also attended the interview, which was recorded with TRUMP’s knowledge and consent,” the indictment alleges. Trump tried wanted to disprove a “senior military official’s” claim that Trump “might order an attack on Country A and that the Senior Military Official advised TRUMP against doing so.”

In fact, Trump claimed, the attack was the “senior military official’s” idea. “Upon greeting the writer, publisher, and his two staff members, TRUMP stated, ‘Look what I found, this was [the Senior Military Official’s] plan of attack, read it and just show … it’s interesting.’”

Here’s what Trump and the writer said:

TRUMP: Well, with [the Senior Military Official]—uh, let me see that, I’ll show you an example. He said that I wanted to attack [Country A]. Isn’t it amazing? I have a big pile of papers, this thing just came up.

Look. This was him. They presented me this — this is off the record, but—they presented me this. This was him. This was the Defense Department and him.

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