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 August 3, 2023

Alan Dershowitz says latest charges against Donald Trump won't "survive"

Legal expert Alan Dershowitz believes special counsel Jack Smith's latest charges against former President Donald Trump won't "survive," the Western Journal reported. The Harvard Law professor made this prediction on Fox News's "Hannity" Tuesday.

Smith released his 45-page indictment that day that outlined Trump's supposed criminal activity surrounding the Jan. 6, 2021, riot at the Capitol.  The four charges include conspiracy to obstruct an official proceeding; conspiracy to defraud the United States; conspiracy against rights; and obstruction of and an attempt to obstruct an official proceeding.

However, all of these charges are based on the notion that Trump did not actually believe what he was asserting when he claimed the 2020 election had been stolen. Dershowitz believes that the difficulty in proving that will undermine their entire case.

"Donald Trump actually believed that he lost the election, that everything he did was fraudulent, that he conspired with unnamed lawyers mostly to affect the election," Dershowitz told host Sean Hannity. "So the government has the burden of proving beyond a reasonable doubt that subjectively Donald Trump actually believed that he lost the election and acted contrary to that belief."

Dershowitz doesn't see any evidence for that claim. "Now, I read the indictment very carefully," he continued.

"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,'" Dershowitz said.

"There’s a lot of evidence that people told him he lost the election, but you know Donald Trump, and you know that he’s going to make up his own mind, and they’re going to have a very hard time proving that," the law professor added. In fact, everything Trump did in the aftermath of the election directly points to his belief that the election was "rigged."

Trump has maintained that the election was stolen from as recently as March 2023 during a town hall with CNN. "When you look at what happened during that election, unless you’re a very stupid person, you see what happened," Trump told moderator Kaitlan Collins, The Hill reported.

"It was a rigged election and it was a shame that we had to go through it," he told the audience. Trump even repeated claims of ballot-box stuffing and refused Collins's request to admit that he lost fair and square.

It's a tough sell that Trump doesn't believe what he's saying, especially when millions of his supporters have the same suspicion. Several inconsistencies, including President Joe Biden's narrow swing-state victories, have prompted many questions.

There are also recent revelations of actual manipulations that could have changed the outcome of the election. When the New York Post broke the Hunter Biden laptop story in October 2020, social media platforms refused to allow the information to be shared, Fox News reported.

Now it's been revealed that they did this at the behest of the FBI, which was aware that the laptop and the information it contained were authentic all along. This complicates the case against Trump that relies on the assertion that he did not believe his own rhetoric about the 2020 election.

Still, Dershowitz warns that Trump may be convicted even if it will eventually be overturned. "Now, it’s the District of Columbia, 90 some-odd percent of the jury pool will have voted against them so they may actually get a conviction from a D.C. jury, but will it survive appellate review and review to the Supreme Court? I don’t think so," he said.

The left is bombarding Trump with phony charges to keep him occupied and out of the presidential race. However, his supporters can see right through this and will stand by him.

Written By:
Christine Favocci

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