Alan Dershowitz Makes Key Prediction About Trump Indictment After Affidavit Unsealed


OPINION: This article may contain commentary which reflects the author's opinion.

Famed attorney and Harvard law professor emeritus Alan Dershowitz had some stunning things to say after the release of the heavily redacted affidavit that led to former President Donald trump’s Mar-a-Lago residence being raided.

He said the believes that there is enough evidence to indict former President Donald Trump but he does not believe he will be indicted.

He first addressed conservatives who believe the judge should not have signed off on the search.

“Every judge would’ve made the same ruling,” he said. “So it’s no harm, no foul. The problem was not with Reinhart. It was with the attorney general who didn’t follow his own guidelines. There should never have been a search warrant requested here.”

He then said that the government had enough evidence to indict the former president but that the Department of Justice would not do it.

“The other important thing is, there is enough evidence here to indict Trump. But Trump will not be indicted in my view because the evidence doesn’t pass what I call the Nixon-Clinton standards,” the attorney said.

“The Nixon standard is, the case has to be so overwhelmingly strong that even Republicans support it. And the Clinton standard is, why is this case more serious than Clinton’s case where there wasn’t a criminal prosecution?” he said.

He made similar comments when he appeared on “Just the News, Not Noise” streaming TV program.


“I’m gonna make a prediction here,” he said.

“If no more evidence comes out, based on what’s in the un-redacted portions of this affidavit, President Trump will not be indicted. I don’t think Garland is going to indict him for technical violations of these kinds of statutes that look very similar to what happened with Hillary Clinton,” the legal expert continued.

“I think the same standard has to apply to a Republican candidate as to a Democratic candidate,” Dershowitz said.

But he did have some criticism for the FBI search.

“The search was very broad, much broader than I think the warrant permitted,” Dershowitz said. “I didn’t see anything in the warrant that would justify searching Mrs. Trump’s closet, or even searching the locked safe.”

In addition, the former law professor said he expects Trump’s legal team to file new motions to have redacted portions of the affidavit unsealed as well.

“There’ll be motions to unseal more of the document,” he predicted. “In fact, there will probably be a motion soon to have the defense at least have access to certain things that maybe the public shouldn’t have access to. So this is very much a work in progress.”

The redacted affidavit for the FBI raid on former President Donald Trump’s Mar-a-Lago private house has been given to the media.

As expected, a majority of the details regarding witnesses and grand jury testimony were redacted, but there was a mockery on Twitter about how redacted the affidavit is and the lack of new information.


Mere hours after the Department of Justice submitted its redacted version of the affidavit on Thursday the judge ordered it to be released with the redactions, CNN reported.

The affidavit lays out why investigators believe there was probable cause that crimes had been committed. The warrant authorized the FBI to search former President Donald Trump’s home and private club earlier this month.

Earlier Thursday, the DOJ submitted its proposed redactions to US Magistrate Judge Bruce Reinhart, who issued the order for the public release.

Justice Department Spokesman Anthony Coley said: “The United States has filed a submission under seal per the Court’s order of Aug. 22. The Justice Department respectfully declines further comment as the Court considers the matter.”

Justice Department prosecutors have emphasized that they need continued secrecy as to not disrupt the ongoing criminal investigation — especially as they keep confidential grand jury activity and protect witnesses who have or could share information.

In his order, Reinhart said the Justice Department convinced him that portions of the affidavit should remain sealed because “disclosure would reveal (1) the identities of witnesses, law enforcement agents, and uncharged parties, (2) the investigation’s strategy, direction, scope, sources, and methods, and (3) grand jury information.”

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