During an interview on Fox News, Alan Dershowitz, a Harvard Law professor, warned that special counsel Jack Smith might face serious consequences if the case against Donald Trump's indictment is dismissed. Smith had initially charged the president with four counts, accusing him of trying to influence the results of the election.
According to Harvard Law professor and expert on constitutional law, Alan Dershowitz, a conspiracy can be established if at least two people work together to deny someone their freedom of speech, expression, or association. He noted that if Trump's actions on January 6, 2019, are protected by the First Amendment, Smith's indictment could be considered a conspiracy to deny that right. He also criticized the lack of references to peaceful and patriotic gatherings in the indictment.
Alan Dershowitz says Trump conviction will be overturned by the Supreme Court pic.twitter.com/qeo1YN8JVg
— The Post Millennial (@TPostMillennial) August 2, 2023
He also expressed his concerns about the indictment's targeting of Trump's lawyers. According to him, the special counsel's decision to refer to the president's lawyers as unindicted coconspirators violates the president's Sixth Amendment right to be counsel. In a Supreme Court opinion, the court stated that false ideas can't be denied based on the First Amendment.
The remarks made by Alan Dershowitz highlight the various issues that concern Smith's indictment. These issues, along with other criticisms of the charges against Trump, raise concerns about the legitimacy of the investigation. It is not yet clear how these legal battles will play out, and their potential impact on the political landscape is unknown.