Aug 27, 2022 - Politics & Policy

DOJ has "enough evidence" to indict Trump, Alan Dershowitz says

Donald Trump's former attorney Alan Dershowitz said Friday that the Department of Justice has enough evidence to indict the former president but doesn't expect it to happen.

The big picture: The Department of Justice released a redacted version of the affidavit connected to the search warrant at Trump's Mar-a-Lago home on Friday. The DOJ said there was "probable cause" to believe that evidence of obstruction could be found at Mar-a-Lago.

Driving the news: Dershowitz said on Fox News' "Hannity" that "there is enough evidence here to indict Trump."

  • "But Trump will not be indicted in my view because the evidence doesn’t pass what I call the Nixon-Clinton standards," he said.
  • "The Nixon standard is, the case has to be so overwhelmingly strong that even Republicans support it," he said. "And the Clinton standard is, why is this case more serious than Clinton’s case where there wasn’t a criminal prosecution?"
  • He also told Newsweek on Friday that "it sounds like there would be enough for an indictment, but like probable cause, an indictment is easy to get."

Worth noting: Dershowitz said Judge Bruce Reinhart should not be blamed for approving the search warrant. He said U.S. Attorney General Merrick Garland should never have filed a search warrant to begin with.

The intrigue: Dershowitz, who was a member of President Trump's legal team for the impeachment trial, has defended the former president in a series of opinion pieces over the FBI's raid.

  • He wrote for The Hill that the unredacted parts of the affidavit did not do enough to justify the warrant.
  • Dershowitz wrote for Newsmax that there is a "get Trump" mentality based on the fear of Trumpism. He said this has weakened aspects of the Constitution, too.

Go deeper: Read the FBI's redacted Mar-a-Lago search affidavit

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