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Alan Dershowitz: A Trump Conviction Will Not Keep Him from Running

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.

Written by Bill Sheridan

20 Comments

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  1. If the Democrats retain control of Congress TRUMP WILL NOT RUN.

    A simple majority vote applying the 14th Amendment. Using the 14th Amendment disqualification provides accountability, in both form and substance. It would formally condemn Trump for aiding enemies of the Constitution, as he did in trying to overthrow a lawful election and then inciting the insurrection. The finding would disqualify him from public office.

    Note: The 14th Amendment does not require the Senate to conclude that Trump engaged in an insurrection. The amendment requires only that Congress conclude that Trump gave aid or comfort to enemies of the Constitution. This he did, both on Jan. 6 and in the broader context of the events after the presidential election of 2020.

    Source: https://www.lawfareblog.com/practical-path-condemn-and-disqualify-donald-trump

    In addition: There are also State laws.
    Example: https://www.in.gov/attorneygeneral/files/OfficialOpinion2006-4.pdf

    • Hate to break it to ya Buckwheat, but Trump’s gonna run regardless of whether the Dems maintain control of congress and as long as we keep the Democrat cheating under control, he’ll win. You libs reside in a fantasy world, but you’re about to get a healthy dose of reality…

      • I cannot wait until Trump runs again and wins and applies the same tactics to the deep state Democrat operatives. Your little Dem heroes will wet themselves when they get a taste of their own medicine. It will not happen soon enough for me.

    • Allen, the Democrats will have to get a lot smarter than they are now, to get their crooked investigations ahead of President Trump, as so far, President Trump has called out every crooked trick the Democrats have tried and in all those tricks, President Trump has proven his innocence’s and left the Democrats with egg all over their face. They have paid off witnesses, bribed judges and paid large sums of money to the companies that prepared the voting machines and the persons operating the election pole. As you can see, some of those people are running scared and will spill the truth of what took place during the 2020 election, as they are caught and want to keep their butts out of jail.

    • Alan, with all respect I have a couple of questions. Do you have a law degree? Who did you vote for in the 2020 election?
      I don’t have a law degree and I voted for Trump in 2020.

      • I am a researcher and a member of a Florida County Legislative Committee and my work is reviewed by a retired N.Y.S. Supreme Court Justice who is on our committee. I will give you a VERY SMALL example of my work.

        Back in 2010 I put together an 180 page report which was reduced to 32 pages and presented at the Florida Redistricting Hearings. My testimony at the hearings was filed with the state. My report helped proved that the maps filed by the Republican Party was gerrymandered. The bottom line was the Florida Supreme Court had to redraw the maps.

        In February 2018 the United Federation of Teachers Retired Teachers gave me an Marna Davidson Outreach Award for help stopping some bad legislation. I’m also in the history books dealing with military research as I was part of a special US Navy unit called NADU.

    • The biggest problem would be to prove there was an insurrection. Then there would be the problem of proving that by telling the rally attendees to “PEACEFULLY” raise their concerns was incitement to insurrection. To date zero defendents have been tried on that charge. Every Republican challenged on that basis have won adjudication that they were indeed still qualified to run for and hold office.

      State laws, while they are supposed to control how elections are held, can not change requirements for federal office set in the Constitution. For example, a state law that requires any one running for the US Senate must be able to correctly whistle Yankee Doodle is not valid.

    • 1st of all, the Dem’s WON’T retain control of the House OR the Senate (much to the Turtle’s chagrin)…

      But, regardless, he did NOT insight an insurrection… and did not “gave aid or comfort to enemies of the Constitution”

      The relevant section of the 14th Amendment reads as follows…

      “…shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof…”

      Trump did NOT do ANY of these things… IN FACT, he did just the opposite! He SPECIFICALLY told the crowd to GO PEACEFULLY to the CAPITAL and PEACEFULLY Protest! Please tell me where he gave aid or comfort to anyone involved in the Capital Breach! Go ahead, I am listening… Still waiting!

    • THANK YOU ALLEN for one of two sane comments (excluding this one) so far on this page. Why have none of you evidently read the links he provided? The rest of you would prefer a convicted felon for President? The corruption is bad enough as it is, and you want it even worse? You really want mob rule? Good luck when you become the victim like happened to Mike Pence on 1-6. I bet it felt great to hear the mob chanting “Hang Mike Pence”.
      The rest of you may well get what you think you want. My predictions is that it will come from the CCP when they invade the US after the US military is sufficiently decimated by the “COVID” shots.

    • Poor delusional Allen. The Jan 6th committee has ZERO evidence that President Trump was involved with that protest. There was no insurrection. However there was a murder committed by a lieutenant who shot and killed an unarmed protester.

      On all the phony charges that the DOJ placed on protesters, not one of them were armed??? How do you commit an insurrection of the Capital building that’s protected by people with guns???

      Allen, you are an idiot….

  2. Here we go again, wasting taxpayer’s money on spying on President Trump. You Democrats have tried everything you can think up to try and keep President Trump out of office and no doubt you have other tricks you are going to try, but it just shows that you will do whatever it takes, legal and illegal, just like you did in the 2020 election. You will need to do one thing if Joe Biden runs again and that is tape Joe Biden’s mouth shut, or he will spill your crooked election fraud, like he bragged about after the 2020 election, when he was interviewed and stated, I just pulled off the best election fraud in history. Of course, the tape was destroyed and is no where to be found now. You need to get better baby sitters for Joe because he likes to brag and he may start naming names and that would send a number of Democrats to jail.

  3. Allen is a Democrap Idiot like most of the Trump derangement crowd!! People see through this BS, it’s about total Communistic power grab and people know it

  4. If Trump is convicted of treason in the way he endangered the USA, and he certainly DID in the way he handled TS/SCI documents – just removing them from a secure containment facility is such a crime and HE DID THAT – he had NO ability to instantly declassify ANY of these documents; there are procedures that must be followed to that. TS/SCI documents have a strict protocol in order to declassify EACH and EVERY classified item. The President does NOT possess the authority to unilaterally declassify ANY document. He should currently be arrested, indicted, and incarcerated in jail awaiting trial; any other American would have so been so handled. Why isn’t TRump in jail right now??

    • Why isn’t Hillary in jail? How about Adam Schiff and Jerry Nadler and a host of other democrat operatives who make up the deep state you hypocrite.

      • Trump has not won Popular vote against HILLARY OR BIDEN .HE IS LOSING PEOPLE LEFT AND RIGHT. IN PARTICULAR WHAT MAKES YOU THINK HE CAN WIN. ALAN DERSHOWITZ IS WRONG.

    • Treason is giving aid and confort to the enemy – it is not removing documents from their proper place. Biden gave aid and comfort to our enemies by handing over classified information to Red China who then gave it to Putin to facilitate Russia’s attack on Ukraine. If the President can not declassify ANY document, just who can? Better question would be why isn’t Hillary in prison right now since James Comey, then Director of the FBI, proved that she had mishandled classified information, a fact which has not yet been proven in the current situation.

  5. Wonder if Pres Trump will cut the FBI down to size They are nothing more tht dem thugs OO I hear SOME say they do ther job BUT if they are part of the problem then they are NOT doing there job That group should be defunded lot more than any COP that can no longer do there job because of a coward jury that took the part of the thug that never learned to comply Hope Pres Trump does cut them down And for sure some of these 87000 IRS thugs they just hired

  6. My Daddy always said “The guilty dog always barks first. Remember that!” True more than ever now with the Dems who’ve screamed FOUL about anything concerning Trump, his Presidency and his family and what all the good he did during his Presidency. Maxine Waters – “you see anyone with a Trump hat, et al, you fight them right there!” Pelosi – “RIPS UP THE PRESIDENT’s SOTU ADDRESS RIGHT IN THE CHAMBER BEHIND HIM! Scumer, Patton, all of the rest of the scum in Congress. THE GUILTY DOG ALWAYS BARKS FIRST! AND WHINES!

  7. What most people seem to overlook is that Donald Trump is a very intelligent person who honed his success over many years of real experience building things and making things happen. When he competes with the liberal politician, he is competing with someone who has spent most of his life talking and lying to get to a position of power. Those people are more apt to destroy things and accept poor decisions. Just compare the career of Trump with that of Joe Biden. Can you name any worthwhile achievement of Biden? Just look at the differences between Biden’s children and those Trump children. If I had my way no politician would ever be eligible to run for president. Only those who have demonstrated their ability to manage and build organizations and lead others should be allowed to run for such an important position.

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