Trump Indictment Fails Crucial Test: Dershowitz

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The federal indictment against former President Donald Trump fails a crucial test, law professor Alan Dershowitz says.

โ€œIt doesnโ€™t meet what I call the Richard Nixon standard, which was very clear obstruction of justice, destroying evidence, paying bribes,โ€ Dershowitz, a professor emeritus at Harvard Law School, said on Newsmax on June 9 after the indictment was unsealed.

โ€œThis is too close a case to bring against the man running for president, against the incumbent president,โ€ Dershowitz added.

Two paragraphs in the indictment do appear to meet the standard of the planned prosecution of former President Nixon, according to the law professor.

โ€˜Highly Confidentialโ€™ Plan

Those paragraphs refer to Trump allegedly showing an unidentified writer, publisher, and staff members a โ€œhighly confidentialโ€ plan to attack a country.

U.S. General Mark Milley, the chairman of the Joint Chiefs of Staff, was quoted in a news story on July 15, 2021, as fighting to stop Trump from ordering an attack on Iran.

Six days later, Trump showed the writer and publisher what he described as a โ€œplan of attackโ€ from the same general.

โ€œIsnโ€™t this amazing? This totally wins my case, except it is like, highly confidential,โ€ Trump is quoted as saying in the indictment.

โ€œAs president, I could have declassified it. Now I canโ€™t but this is still a secret,โ€ he was also quoted as saying.

The indictment charges Trump with various crimes, including illegally disclosing national defense information.

โ€˜Will Have to Be Explainedโ€™

โ€œWeโ€™re going to have to hear an exception from Trumpโ€™s lawyers or from Trump as to how we can justify having shown to somebody who doesnโ€™t have security clearance allegedly some information about a plan to attack Iran,โ€ Dershowitz said on Newsmax.

None of the people shown the document held a security clearance, U.S. authorities say.

Trump โ€œmay claim he didnโ€™t show it to them, just kind of waved it in front of them as part of bragging but thatโ€™s something that will have to be explained,โ€ Dershowitz said. โ€œWhen you have a tape in the voice of the defendant himself itโ€™s hard to dispute, so I think this is a serious indictment on these two charges. Everything else I think was exactly what we expected,โ€ he also said.

Byย Zachary Stieber

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