Noted constitutional law expert Alan Dershowitz made some head-turning observations about potential criminal charges against former President Donald Trump during a Friday interview.
Dershowitz, a former Harvard Law School professor, told Newsmax that if the Biden Justice Department chooses not to file any charges against first son Hunter Biden, then the DOJ can’t credibly charge the former president, either.
“I’ll tell you the man who should be most interested in assuring that Biden does not get prosecuted, and it’s not Joe Biden: It’s Donald Trump,” Dershowitz told Thursday’s “The Record With Greta Van Susteren.” “Let me explain why; it’s counterintuitive.
“Unless they indict Biden Jr., they will not credibly be able to indict Trump, but if they indict Hunter, Garland can say, ‘look how fair we are. We didn’t go after Trump. We indicted the son of the president and we indicted the man who is going to be running against the president. Fair is fair,” he said, “and that’s why politics inevitably plays a role in this, because in all of these cases, there’s an element of subjectivity.”
According to a Washington Post report, federal prosecutors have enough to charge Hunter Biden with violations of tax and gun laws. But so far, those charges have not been filed and aren’t likely to be this close to the election.
Per Newsmax:
Van Susteren noted in 2018, when the Hunter Biden investigation reportedly began, there was close to a 60% prosecution rate on criminal referrals for lying on gun forms — as Hunter Biden is alleged to have done because of admitted drug use.
“Look, I hate the fact that we just weaponized the criminal justice system on both sides, and I think we’re seeing this as an example,” Dershowitz said. “I think the defense attorney was right when he said the only reason that they’re going after this guy [is] because of his last name. I don’t think they would generally do that. On the other hand, if the facts make out a clear case of criminal violation, and they, you know, obviously have to go for it.”
“Look, I hate the fact that we just weaponized the criminal justice system on both sides, and I think we’re seeing this as an example,” Dershowitz said. “I think the defense attorney was right when he said the only reason that they’re going after this guy [is] because of his last name. I don’t think they would generally do that. On the other hand, if the facts make out a clear case of criminal violation, and they, you know, obviously have to go for it.”
Earlier, Newsmax host Rob Finnerty suggested to Dershowitz that Biden’s Justice Department might pursue the case against Hunter now, so his father could pardon him.
“Oh, I don’t think they’ll be a pardon. I doubt, if a man is running for president, he’s not going to pardon his son,” Dershowitz told Finnerty. “Maybe he’d pardon him after he won or lost the next election.
“I don’t think the gun charge really carries a prison term, likely prison term,” Dershowitz said. “It most likely would be pled to as a misdemeanor. The taxes are different. It depends on how much is involved, and it would depend on what the accountant’s responsibilities were. These are complicated questions, but often these crimes are pleaded to.
“And if it’s done quickly, and the son says there was no involvement of the father, it might not affect [Joe Biden’s] chances of running for reelection. So, there are a lot of moving parts.”
He also said that ultimately, Attorney General Merrick Garland will make prosecutorial decisions.
“But, it will ultimately come to Garland’s desk and the buck stops there, and he has to make a very, very difficult decision, but I don’t think we’re going to see one of them prosecuted and the other not. I think if one gets prosecuted, it raises the likelihood that the other will be prosecuted,” Dershowitz added.