What is the far-left accusing Donald Trump of NOW? And will the former president truly be indicted? If so, what does this mean for America’s future? Alan Dershowitz, Harvard Law School Professor Emeritus and author of ‘Get Trump,’ joins Glenn to explain why this latest move from the far-left is ‘destroying the rule of law in America.’ He explains the exact charges the left intends to pit against Trump this time around, and why — if they’re successful — it could send our nation towards becoming a banana republic…
TranscriptBelow is a rush transcript that may contain errors
GLENN: Mr. Alan Dershowitz. How are you, sir?
ALAN: I am doing great. I wish the country were doing great. I think the impending prosecution of Donald Trump will destroy the rule of law, in America. Which is why I wrote my book, get Trump.
Because that's what they're doing. They're focusing on a person rather than a crime.
You know, the Torah, the Bible one, don't take bribes. That's obvious.
The other is do not recognize faces. Do not do justice based on who the person is. That's a problems in the Bible. That's a prohibition in the constitutionally. it's a prohibition into the rule of law.
And yet, the district attorney of Manhattan, ignoring previous district attorneys. Ignoring the US attorney's office. The Justice Department. Is going after a made-up crime. A crime that does not exist. It's part of the bet Trump.
And if you want to protest get Trump. Michael get Trump.
That will send a message, that will approve of that.
GLENN: Which a few years ago, it would have happened. But I don't think they're going to do it this time. Because we know this federal government. This Justice Department, does not protect the lawful gathering of American citizens to speak their voice.
We also are concerned about, is that an FBI guy, who is trying to get the crowd all whipped up into a frenzy?
I mean, we don't believe our rights are protected as an average citizen anymore. That's a frightening place to be in America.
ALAN: And it's not only the Justice Department. It's the New York City the attorney general of New York ran on the campaign of get Trump. That's where I I got the title of my book from. Her campaign, get Trump. Promise to get Trump no matter what. Constitutionally be damned. The Bill of Rights be damned. get Trump. That's the most important thing, to stop him from realizing. Of course, the irony is constitutionally provides for only, you know, a hand handful for bases for running. You have to be against the North.
And you have to have been been born in America. And he satisfies all of that criteria. So stibbling run.
And this may backfire on Democrats who are abusing the law to get Trump.
And I hope that does. And I hope that maybe the district attorney will listen to reason. And will not indict him.
You know, justice Jackson once said, that any prosecutor can rummage among the hundreds of statutes that you have. And try to find something against anybody. Not just Trump. Not just Hillary Clinton.
But you and me. And your uncle Charlie and grandson. They can find something. And if this prosecution is allowed to go forward, and culminate in the conviction. It will mean that they will start making crimes up against the average person, who they don't like.
GLENN: Can you -- can you take us through this at all, Alan.
Because people will say, okay. I don't think you should be paying hush money. Is that illegal? What charges are they so that we don't
ALAN: Sure. It's never been done before, number one. So they're charging him with a misdemeanor. Misdemeanor six years ago. They are trying to turn the misdemeanor into a felony, by saying that the reason he paid, quote, hush money. It wasn't hush money. But the reason he settled the case was to help his campaign, rather than to avoid embarrassment with his wife and his family. his children, et cetera.
They're not going to be able to a prosecutor can a little grandly Jill to indict a ham sandwich.
And in New York, you can do probably get a petit jury to change sandwich, as long as his name is Trump.
So there is a possibility that he will get indicted and get convicted. I think it will reverse on appeal. in making up crimes. This is making up crime.
So they say that he paid the hush money, in order to help his campaign. And therefore, the payment was a campaign contribution.
It's never been done before. They tried it once before, on candidate Edwards. And it was a much, much stronger case. And, of course, they lost in front of a jury.
But it's never been tried since. And that was a federal crime.
This is a state crime. And it's a shame that a district attorney would abuse justice so greatly. And it endangers justice for all of us.
GLENN: So, Alan, where is anyone?
When we get to a place to where we're taking out our opponents.
I mean, I spoke to Mike Lee about this. With Hillary Clinton. And what was going on with Hillary Clinton. And he said, Glenn, once you start going after an opponent, you become a banana republic, the republican is just over.
because the retribution. The other side will say, oh, we're playing that? once said, well, my friends everything. For my enemies, the law. The law.
And that's what will happen.
And senator Lee is right. Senator Lee's father is a good friend of mine. We clerked technology on the United States Supreme Court. And Lee is a Bill Clinton, Bill Clinton guy. And he's right, we don't want to be a banana republic on either side.
GLENN: So my question to you is: Where are the classical liberals?
Where are the people that don't like Donald Trump? But will stand up and say, this is about principle here?
SPEAKER ONE: Well, you're talking to them. I'm the last standing, oh, I may have a handful of colleagues.
But where are the civil liberties union people?
Where are people who are supposed to care more about our liberty than they do about partisan politics?
They have disappeared. They're not there.
And that's not why I'm the one writing the books now. Get Trump. I'm the one who is trying as a liberal Democrat. As I said over and over again.
I voted for Trump twice. I have a constitutional right to vote and don't stop me from doing that. Don't stop me from making the disquisition run, formal president.
That is banana republic. And we're moving toward that. And it has to stop. And there's no mechanism.
You know, in California, there was a mechanism. You could withdraw and remove the district attorney. And if New York had a Republican attorney, they would be removing the district attorney.
But the democratic and no recall improvements district attorney gets his way. And there will probably be an indictment. I don't know if it will be tomorrow or not. I don't know if they'll do a pepper strengthen Donald Trump's base. People will be so angry with them. I've got call you wills from people. look, we're oops. We were plan oops we were planning to vote for Nikki Haley. But we'll vote for Trump. Because that's the and weaponization of the law.
You know, I have a better form of protest. Buy my book. Then you don't have to vote for Trump.
But it is -- it will backfire. Now, will it backfire in New York?
Probably not. he gets his 15 minutes of fame.
Even if it's reversed on appeal. He'll say, oh, that's not my fault.
I indicted him. I convicted him. Vote for me. We're the only country, did you know this, the only country in the western hemisphere? The only country among Democrats that elect prosecutors. Elect prosecutors. And every other country, they are civil service jobs.
And they are not subject to -- for the whims of political fortunes.
But we have elected prosecutors. And prosecutors prosecute people, based on how much good it will do them in the next election. And there's something very wrong with that.
GLENN: Well, the whole system, I've said, have you tried plugging it back in to factory is that we told them to happen. It is so dirty all the way through.
So -- so, Alan, what should the -- besides biker book, what should the American people be doing right now?
ALAN: Well, we should be protesting. I don't call for people going out on the streets. But I do call for people to write to their senators and congressmen, the New York authorities, evangelizing shows like yours, which have a big impact on national opinion. And making sure that we're not silent about this. We have to speakable out. And your message is as clear as can be. Where are the civilian Libertarians? Where are the people saying, look, I'm in favor of Biden. I will vote for him.
I don't like Trump. But I don't like the way he's
SPEAKER SEVEN: That's the American way. The American way is to protest. for a redress of grievances.
That's in the First Amendment.
And we have to all take advantage of that. We do have a double standard of justice in America today.
I'm representing one of the young men on January 6th. He's a law school student. He was denied the opportunity to graduate. Even though he was a top student.
Because he went to the capital, to and then he was waved into the capital by police. We have videotape showing it.
Yet he's problematical formal a felony.
Whereas, the people who destroyed property and hurt people, in various parts of the country, following the George Floyd murder, weren't being prosecuted.
Were they do ways. sole that means no standards.