37 Comments

Trump like all Americans is innocent until proven guilty. He’s not been found guilty of any federal or state election law. In fact he hasn’t been charged with violating such laws. Therefore, he’s innocent and we are way beyond the statute of limitations on the misdemeanor charges. This trial is a travesty of Justice. The prosecutors should be disbarred and the judge should be impeached and removed from office. Could Trump file civil lawsuits against these people.

Expand full comment

It's not a legal case. It never was. The prosecution doesn't have to "prove" anything. His name is Donald Trump; he will be convicted. Just like what happened with that Carol lady who couldn't remember what year Trump accosted her in a dressing room. Donald Trump is Hitler and must be destroyed. That's all there is to it.

The solution is not to whine about the unequal application of the rule of law. We're way past that. Tolerance and the equal rights are liberal concepts, but the Left has abandoned that framework and adopted a Nietzschean one instead: "screw right and wrong, it's just power." Like every other time the Left has changed the rules, the Right must learn to play by the new rules. That means getting right-wing DAs and AGs to draw up bogus indictments against sitting Congressmen and Senators right before key votes. It means having AG's sue woke companies in their states. For example, in Georgia, it would mean passing laws that will result in the removal of Fani Willis by the governor and her bankruptcy by civil action. You play this game by causing pain to your enemies. Instead, Republicans are mounting pointless Congressional investigations that will do nothing.

I don't like this arrangement, but the GOP must either learn to play or they will be replaced by someone who will. And as David Brooks said, "if you don't like the Christian right, wait until you meet his nasty younger brother, the non-Christian Right." How does that happen? The 2028 election: "Gee, I don't like some of the racist things that guy says, but he'll get the rioting and crime under control and protect my daughters from dicks in their locker rooms at school." That's how you get a Franco or a Mussolini or a Pinochet (not a Hitler or a Lenin, that takes more serious problems.) I'd much rather the GOP pull its head out of its butt than we end up with a truly reactionary party taking its place.

Expand full comment

The Republicans are as gutless as the Democrats are crooked.

No way for the public or the country to win under those circumstances. Grow balls or go home!

Expand full comment

The jury will convict. If they acquit, their identities would be exposed to the public and be in fear of their lives. They will remain secret only if they convict. That is how Democrats play.

Expand full comment

The democratic / communist party has destroyed the Jurisprudence in the United States and this party is now above the law and that's what this so called "Trial against Trump " shows. This New York Law is making up the rules as they go along . Lady Justice has left the law of the land of United States .

Expand full comment

What quantitative power mongering this "Get Trump" Judges and prosecutors are clamoring for! If they pull this off the USA may as well go down in history as a failed Democratic Republic !! Benjamin Franklin warned of such an horrible free fall into Anarchy.

Expand full comment

Arab Funding of American Universities: Donors, Recipients, and Impact https://www.jewishvirtuallibrary.org/arab-funding-of-american-universities-donors-recipients-and-impact-may-2024

So now you know why there are protests in college campus

And how much was paid in cash like that traitor democratic congressman from Texas

Expand full comment

Donald Trump is a Republican challenger. The Dems and their contributors have a lot to lose with regard to power and money should he win and they lose.

Expand full comment

Professor, is it fair to say that the prejudicial value of Stormy Daniel's testimony outweighed its probative value? Was it reversable error for Judge Merchan to allow this testimony? Should the Judge have declared a mistrial? Will this error be grounds for a new trial?

Expand full comment

From a political standpoint those questions are merely academic if, as Prof. D predicts, the defendants won't get a ruling on any appeal until after the election.

Expand full comment

Very true. That seems to be their strategy: win at all costs then dare the opposition to challenge the outcome confident that any complaints will be labeled as "conspiracy theories" by the complacent media.

Expand full comment

... and that anyone preferring not to receive a stiff prison sentence for insurrection after rotting in jail for a year or more pending trial will probably refrain from participating in any protest on Federal property in the District of Columbia.

Expand full comment

Regardless of one’s political views, party membership, or personal assessment of Mr. Trump’s character, any reasonably informed thinking mind must conclude that the orchestrated, collectively coordinated by the White House, and appallingly spurious prosecutions of Mr. Trump are particularly harrowing ¬— they indicate a blatant, post-constitutional, oligarchical government that will not hesitate to resort to wildly arbitrary abuses of prosecutorial discretion and power to stifle dissent and maintain political power.

Consider: Matthew Colangelo, who holds a law degree from Harvard University, is a former senior DOJ official and paid DNC consultant and advisor, is Alvin Bragg’s lead prosecutor in the “Stormy Daniels” case. He prosecutes Mr. Trump for “election interference” in the 2016 federal election notwithstanding that federal courts have exclusive subject matter jurisdiction over federal election law cases. State courts simply lack the judicial power to adjudicate such cases, and the U.S. Attorney’s office has declined to prosecute Mr. Trump for “election interference.” Either Mr. Colangelo escaped taking courses in federal jurisdiction, criminal procedure and legal ethics while attending Harvard Law, or he’s committed to prosecuting “political justice” of the Lavrentiy Beria strain.

Next, consider Jack Smith, who also holds a law degree from Harvard University. Smith has served as a prosecutor in the Manhattan District Attorney’s office and the U.S. Attorney’s offices for the Eastern District of New York and as the acting attorney general for the Middle District of Tennessee. Yet, despite his education and experience, he either skipped classes addressing or has chosen to ignore fundamental principles of substantive and procedural due process and equal protection constraints on prosecutorial discretion imposed by the Fifth Amendment to the U.S. Constitution, and his ethical obligations to the judicial system and criminal descendants, including his duties of candor to a tribunal and defendants, and his due process obligations under Brady v. Maryland, 373 U.S. 83 (1963).

Next, consider Merrick Garland, who also received his law degree from Harvard University. He has served as Chief Justice of the D.C. Court of Appeals and once was nominated for an Associated Justice position on the U.S. Supreme Court. Yet, despite his formal education and vast experience, he apparently has not declined to assist the White House and DNC “election interference” demands to vigorously pursue specious coordinated prosecutions in multiple jurisdictions for purposes of bankrupting Mr. Trump, preventing him from campaigning, and obtaining at least one “conviction” of something, however false and meritless, to deter electors who otherwise might vote for him, knowing that a reversal on appeal is a certainty, but only after Mr. Trump is forced to incur millions in legal expenses and not before 11/05/2024. Also, Mr. Garland has not declined to assist the White House in its baldly inexcusable refusals to enforce federal immigration law.

There’s more, much more. But this should suffice.

Expand full comment

There is much more, with the unsealing of discovery documents in Florida. These learned men may be producing discovery of their own to the Trump team. That will be determined in one of the pretrial hearings before August.

Expand full comment

If he were convicted there would need to be an emergency appeal either to the Supreme Court in NY or the Supreme Court of the United States to vacate this travesty and it will have to happen by the Republican Convention in July.

This obvious attempt to interfere with the election would have serious impact if any conviction were not overturned or completely vacated prior to Trump becoming the official candidate for office, and frankly even before then

Expand full comment

The Presidential Immunity case will be decided by June. Depending on how they rule, and whether this is considered outside the perimeter of his official duties, it may have an effect. The Nine are surely aware of the travesty of Justice that a President not having immunity can bring upon the nation. My thought is that Thomas’s last question to the SC made it clear that he sees this is vindictive, and that no other President has been prosecuted despite their lawbreaking. He states they all broke laws.

Expand full comment

Mr. Dershowitz, I don't understand why you would have voted for Biden in 2020? The criminal justice system and DOJ have been politically weaponized against Trump and his supporters since the day he announced. The Democrats are one step away from becoming a full-fledged dictatorship. They already control most of the media, and with a couple of exceptions, they control all of social media and take away the First Amendment rights of most Trump supporters. They even were able to create a FAKE "insurrection" so that they could use fear to control Trump supporters. They had DC cops invite protesters into the Capitol Building and then prosecuted innocent protesters. The only entity the Democrats don't control is the SCOTUS. And they've been working their butts off to figure out a way to change the SCOTUS into something they control. I would hope that you are not so devoted to the Democrat Party that you would be willfully blind to all the crimes they are currently committing. We have already lost 95% of our democracy to them.

Expand full comment

https://justice4all.substack.com/p/federal-state-officials-aiding-criminal-662

Federal, State Officials Aiding Criminal Misconduct, Corruption, Injustice and Sexual Abuse "Under Color of Law"

Eighty traffic stops in four years. Five robberies. Home invasion and death threats by armed Sheriff Deputies with AR-15s and shotguns pointed at my head and at my dog "Boomer's" head while two young children were mere feet away on a second floor. False arrest. False imprisonment.

Actionable evidence including recordings, documents, hundreds of witnesses contact information with no conflicts of interest esp. regarding crimes against children involving rape and abuse.

Only EXTERNAL demands might drive long-overdue official accountability, investigation, oversight, an end to abuses, brutality, crimes of a community & local, State & Federal corruption that would shock most Americans. It sounds unbelievable, but is very much real in Wilmington N.C.

Though provided irrefutable almost certainly admissible evidence of criminal activities involving:

U.S. Department of Justice & F.B.I. involvement in extensive criminal misconduct by Corrupt North Carolina officials including sexual abuses of children, theft of Federal funds, lynching's, retaliatory murders, torture, violence & retribution against child victims, families & the few who have dared discuss horrific abuses suffered & retaliation by officials, prosecutors & bribed media.

This "Culture of Corruption," once pursued, is now Assisted, Protected by the U.S. DOJ, FBI USAO despite vast evidence & growing #s of victims of violent criminal acts that any remotely moral person would conclude:

CONGRESS MUST HOLD THESE FEDERAL OFFICIALS AND THE STATE AND LOCAL SADISTIC CRIMINALS OFFICIALLY PROTECTED TO ACCOUNT.

NO OFFICIAL WHO ENGAGES IN SUCH EVIL SHOULD EVER BE MAINTAINED OR SUPPORTED IN OR ALLOWED TO HOLD PUBLIC OFFICE OR PRACTICE LAW EVER.

https://justice4all.substack.com/p/federal-state-officials-aiding-criminal-662

Expand full comment

Excellent analysis Professor, but I have to ask, do you really believe that Iran would be supporting Hamas, Hezbollah, and the Houthis to the great extent that they have under Biden versus Trump? The Trump admin has been and still is an ardent supporter of the Jewish people and state. The lawful sanctions that the Trump admin imposed on Iranian oil exports had virtually dried up all Iranian support of these touristic proxies until Biden reversed them. Biden is trying to cater to both sides in an unjust war against Israel and he needs to be replaced before irreparable damage is done to the Israeli People and State!

Expand full comment

You say one of the reasons you vote Democrat is because you believe a woman has a right to an abortion up until months 5 or 6 (I think I have that right). You're an expert in constitutional law. Do you agree that a woman has a constitutional right to an abortion, or should the decision be left to the States. If the latter, then that is one less rung needed to climb the ladder to vote for someone other than Biden.

Expand full comment

Stay on topic please.

Expand full comment

The trial has nothing to do with the law.

If you can just write up charges, make your own laws, there’s no defense, as was the intention.

Trump will be jailed, and his own private security won’t be able to protect him, only the “Secret Service”, if that, and it will be under the supervision of prison authorities, so he will be under the jurisdiction of the New York prison system.

Expand full comment

I like what you re saying Al, but this would and will NEVER happen to a democrat…. Conservative justices believe in the rule of law while democrat judges would burn the country down to convict a conservative… the proof is in the pudding …. Look at the unlawful treatment of the Jan6 crowd

Expand full comment