Alan Dershowitz says Trumps' latest indictment will be tossed by SCOTUS

August 7, 2023

Former President Donald Trump was charged last week for what many believe amounts to a "thought crime" regarding his actions after the 2020 election, believing something had gone terribly wrong being the reason he lost. 

According to Breitbart, the indictment, his second from Smith, has drawn intense criticism, as Smith is claiming to know that Trump really believes he lost after the election and took legal actions regardless.

Harvard Law Professor Emeritus Alan Dershowitz revealed during a recent Fox News interview that he thinks the U.S. Supreme Court will ultimately overturn the indictment.

After reviewing the indictment, Dershowitz told Fox News host Sean Hannity that there's "no smoking gun" in this particular indictment.

What did he say?

The Harvard Law professor held nothing back as he excoriated Smith's latest indictment.

"They claim that Donald Trump actually believed that he lost the election. That everything he did was fraudulent. That he conspired with un named lawyers mostly," he told Hannity.

"I read the indictment carefully. There is no smoking gun. There is no one who is credibly prepared to testify that Donald Trump said to him, I know personally, I lost the election. There is a lot of evidence a lot of people told me he lost the election but you know Donald Trump and, you know, he will make up his own mind."

He admitted that given the political makeup of Washington D.C. that there's a high chance that Trump is ultimately convicted.

"And they’ll have a very hard time proving it. District of Columbia, so 90 percent of the jury pool voted against him. So, they may actually get a conviction from a D.C. jury but will survive appellate review and review in the Supreme Court? I don not think so," Dershowitz said.

What happens next?

The professor added that he believes Trump will even likely lose an appeal in the Washington D.C. court circuit, but was confident that the high court would see things a bit differently.

"I think he may lose in the states court of appeals for the D.C. Circuit, but I think he will probably win appeals the United States Supreme Court if they grant review and they should grant review," Dershowitz said.

Trump could soon face another indictment out of Georgia related to his alleged actions after the 2020 election.

Only time will tell if Trump prevails in any of the indictments he faces, but so far, they've acted as more of a fundraising and momentum-building tool more than any kind of punishment.


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