If the raid on Mar-a-Lago was a last-ditch effort — as many believe it was — by the Deep State to keep Donald Trump from re-taking the Oval Office, it might all have been a wasted effort. Leading criminal attorney and constitutional scholar, Alan Dershowitz says that if Trump is arrested, or even convicted, it will not keep him from running for the presidency.
Dershowitz also said that he believes such an arrest and conviction is “unlikely,” but should it occur, it would not make one lick of difference in Trump’s ability to run for president once again.
“Yes, it’s possible [that Trump will be arrested], but, I don’t think it’s going to happen,” Alan Dershowitz told Newsmax. “People who believe that prosecution and an indictment would keep Trump away from the 2024 campaign are “dead wrong,” he remarked.
“He can run for president even if he’s indicted, convicted, and wearing striped shirts, prison garb,” he added. “The Constitution provides only four bases for disqualification for president, and being convicted of a crime is not one of them. Congress can’t change the criteria that are in the Constitution for the election of the president.”
Echoing statements made by Trump and some Republicans, Dershowitz said the affidavit used to justify the FBI raid at Mar-a-Lago should be released.
“You can redact the names of agents, you can redact sources and methods, but what we want to know is what the basis of probable cause that they have,” he said.
A US magistrate judge in the case, Bruce Reinhart, ordered the unsealing of a warrant and property receipt. The warrant shows Trump is under federal investigation for possibly several US Code violations, while the receipt shows agents allegedly found classified and top secret material at Trump’s home.
Lawyers for the Department of Justice have argued that releasing the affidavit would damage the agency’s investigation and argued that unsealing a version with redactions “would not serve any public interest.” Several media outlets, watchdogs, and other entities have filed motions to release the affidavit.
“Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations,” the Justice Department wrote. “The fact that this investigation implicates highly classified materials further underscores the need to protect the integrity of the investigation and exacerbates the potential harm if the information is disclosed to the public prematurely or improperly.”
Trump has called for the Justice Department to release the affidavit, which would provide insight into why the Department of Justice believes it was justified in obtaining the search warrant that allowed the FBI to “occupy his home,” as the former president put it.
“There is no way to justify the unannounced RAID of Mar-a-Lago, the home of the 45th President of the United States … in the interest of TRANSPARENCY, I call for the immediate release of the completely Unredacted Affidavit pertaining to this horrible and shocking BREAK-IN. Also, the Judge on this case should recuse!” Trump wrote on Truth Social.