Attorney Alan Dershowitz criticized Attorney General Merrick Garland for releasing special counsel Jack Smith’s report Tuesday, saying the “one-sided” document violated America’s “core principles.”
Garland released Smith’s report early Tuesday morning, when Smith outlined findings from his probe into President-elect Donald Trump’s efforts to contest the results of the 2020 presidential election. Dershowitz called the report’s release “lawfare,” comparing it to then-FBI Director James Comey’s 2016 press conference regarding the investigation into a server in Hillary Clinton’s home. Dershowitz said that Democrats who criticized Comey’s comments at the time praised Smith and Garland. (RELATED: Dershowitz Predicts Supreme Court ‘Liberals’ Will ‘Go Along’ With Halting Lawfare Against Trump)
“These same Democrats are applauding Jack Smith and saying what he did was great and what Merrick Garland did by revealing the information, releasing the screed, the one-sided screed, that’s fine! You know what that’s called? Double standard hypocrisy,” Dershowitz said during Tuesday’s episode of “The Dershow.” “It really shows that the release of this report, the publication of this report, is lawfare. It’s lawfare. it’s not law.”
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“It’s not the adversary system of justice where both sides present their cases and the burden of proof is on the prosecution. All the defender has to do is raise reasonable doubt. That’s not what this is, and so it has no place in our legal system and it has no place in the court of public opinion,” Dershowitz said.
Smith secured a superseding indictment against Trump. This, almost two months after the Supreme Court ruled in favor of Trump’s claims of immunity in a case stemming from a previous indictment secured by Smith. That indictment was over Trump’s efforts to challenge the results of the 2020 presidential election.
“Look, I’m as strong an advocate of transparency as anybody else, and I think government documents generally should be revealed,” Dershowitz said. “The same rules ought to apply to special counsel as apply to ordinary prosecutors, and the rule in the grand jury is no, we don’t – we don’t release grand jury reports.”
“Why different rules for special prosecutor as for an ordinary prosecutor? I don’t understand it. The idea that a special prosecutor somehow knows what the truth is instead of subjecting it to the adversary process violates our core principles,” Dershowitz added.
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