Last week, former President Donald Trump was charged by Smith for what many deem to be a “thought crime” related to his post-election behavior.
This has inspired considerable criticism, as Smith ostensibly claims the ability to discern that Trump truly believed he had lost the election and acted on this understanding.
Harvard Law Professor Emeritus Alan Dershowitz recently discussed the indictment with Fox News host Sean Hannity, suggesting that it is likely the U.S. Supreme Court will overturn it due to the lack of a “smoking gun.”
The Harvard Law professor was highly critical of Smith’s latest indictment.
“They claim that Donald Trump actually believed that he lost the election. That everything he did was fraudulent. That he conspired with un named lawyers mostly,” he told Hannity.
“I read the indictment carefully. There is no smoking gun. There is no one who is credibly prepared to testify that Donald Trump said to him, I know personally, I lost the election. There is a lot of evidence a lot of people told me he lost the election but you know Donald Trump and, you know, he will make up his own mind.”
Alan Dershowitz says conviction of Trump would be overturned by Supreme Courthttps://t.co/BZ9Hp6fh8z
— Charlie Kirk (@charliekirk11) August 2, 2023
He admitted that given the political makeup of Washington D.C. that there’s a high chance that Trump is ultimately convicted.
“And they’ll have a very hard time proving it. District of Columbia, so 90 percent of the jury pool voted against him. So, they may actually get a conviction from a D.C. jury but will survive appellate review and review in the Supreme Court? I don not think so,” Dershowitz said.
Alan Dershowitz recently commented that, while he believes President Trump could lose an appeal in the Washington D.C. court circuit, he is confident that the Supreme Court will view things differently.
“I think he may lose in the states court of appeals for the D.C. Circuit,” said Dershowitz, “but I think he will probably win appeals the United States Supreme Court if they grant review and they should grant review.”