If former President Donald Trump is indicted, he’ll probably be convicted but an appeal would likely lead to the conviction being thrown out, legal expert Alan Dershowitz said on March 18.
“I don’t think there will be a motion to dismiss that succeeds. This is New York justice. In New York, of course you can indict a ham sandwich. But in New York, you can also convict a ham sandwich because the jury pool will be very much against Trump and the judges will be very much against Trump,” Dershowitz, professor emeritus at Harvard Law School, said during an appearance on Fox News.
“So, if I were him, I would be worried today. He’ll probably ultimately win on appeal, but do judges today have the courage … to do something favorable to Trump in a city which overwhelmingly despises Trump? That’s what’s wrong with this justice system.”
Trump is reportedly set to face an indictment for a payment made to Stormy Daniels, an adult actress who has made the contested claim that he had an affair with her. The payment was made by Trump lawyer Michael Cohen, and Trump reimbursed the lawyer. Trump has said the allegations were “debunked.”
Dershowitz, who was part of Trump’s impeachment defense team in 2020, agreed. “There is no crime here,” he said.
Rep. Matt Gaetz (R-Fla.) said in a statement that most campaign finance violations involve spending other people’s money illegally or accepting money that you should not.
“Trump did neither. He used his own money to resolve a private dispute, irrespective of any campaign. The impending indictment is based on an untested, tortured legal theory. This is an absurd abuse of the criminal process in our politics. It must be seen for the partisan pathetic ploy it is,” Gaetz, a Trump supporter, said.
“News of a possible indictment against President Trump is just ANOTHER example of the Left’s derangement,” Rep. Ralph Norman (R-S.C.) added.
“This is a TOTAL SHAM involving a weak case… from years ago… with questionable witnesses,” he said on Twitter.
Rudy Giuliani, another former Trump lawyer, said on Newsmax that the case would be a violation of due process and would eventually be dismissed if brought.
“Prosecutors have come out against this, and said, ‘Hey, don’t do this: This will get him elected president,’” Giuliani said. “This is such a miscarriage of justice, it’ll get him elected president.”
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