Alan Dershowitz said there was enough evidence to indict former president Trump based on his reading of the highly redacted FBI affidavit.
“Any grand jury in DC would indict Trump on the evidence that he had classified material in violation of various statutes,” Dershowitz, 83, told The Post by phone Saturday — but cautioned the Department of Justice from pursuing the case.
The Harvard law professor cited the failure of the probe to meet what he called the Nixon and Clinton tests, the former being the need to establish broad bipartisan support and the latter being a demonstration that Trump’s conduct is materially worse than Hillary Clinton’s own past mishandling of classified information.
Getting a search warrant is easy to do, and a grand jury will indict a ham sandwich, so that is why we need prosecutorial discretion,” said Dershowitz, a Trump ally and part of the former president’s defense team during his first impeachment trial.
Dershowitz said public anger should be directed not at Judge Reinhart for sighing off on the search but rather Attorney General Merrick Garland for seeking the warrant in the first place.
“By the DOJ’s own regulations, you don’t seek a search warrant unless that’s the only way you can get the material,” Dershowitz said.
The highly redacted FBI affidavit justifying the raid makes clear the feds were looking for classified government secrets they believed were on the premises of Trump’s Mar-a-Lago golf estate.
Of the 184 classified documents retrieved, 25 were marked as top secret, 92 were labeled secret, and another 67 were confidential, the affidavit says.
Republicans have largely condemned the entire probe, with Trump himself calling it a witch hunt.