It's hard to predict how Brooklyn senior Judge Raymond Dearie, who has been named as the special master to lead the independent review of materials seized by the FBI at former President Donald Trump's Mar-a-Lago home in August, will carry out his task, Harvard Law School professor emeritus Alan Dershowitz said on Newsmax Saturday.
"He's been the U.S. attorney, that is, the chief prosecutor in Brooklyn," Dershowitz said on Newsmax's "America Right Now." "He has been a federal judge and, most importantly, he [was] on the FISA (Foreign Intelligence Surveillance Act) court, which means his inclinations are probably in the favor of the government."
Dearie was recommended by Trump's legal team and approved by Florida federal Judge Aileen Cannon, a Trump appointee, to determine which parts of the documents that were seized were privileged communications and which are subject to classifications of confidentiality, said Dershowitz. "It seems to me that he would lean in favor of the government; but, you know, we can't tell for sure," he said. "Most of his background and experience has been on the prosecution side."
Cannon also said that Trump must pay Dearie's fees, but Dershowitz said that is not an unusual move.
"It is often the person who is seeking it who has to pay for it," said Dershowitz. "It will be very expensive because he is a lawyer in a big firm, which charges a couple of thousand bucks an hour sometimes for the work; and they will also be lots of assistants, lots of associates, lots of junior partners working on this. This is not a one-person job. It will be interesting to see what the bill is at the end of the day."
Meanwhile, the Department of Justice issued more than three dozen subpoenas over the past week in its Jan. 6 investigation, and Dershowitz said it seems that there is a greater sense of urgency now on the matter.
"I much prefer subpoenas over search warrants," said Dershowitz. "There also been some search warrant issues. One example is Mike Lindell's phone was taken away from him. I represented Mike in a number of other cases, and he was subject both to a subpoena and a search warrant."
He said he doesn't know how many other search warrants have been issued, "but it does represent an escalation."
However, it's not known what the DOJ is looking for, he said, whether it's information on the Jan. 6 incidents at the Capitol, classified materials or efforts to change the election results, as there are just a few clues from the subpoenas and warrants.
"I think the first step would be to demand the affidavits being made public so that we can get a better sense of what the investigation is about," said Dershowitz. "I also think that the Trump folks should release some of their own communications back and forth with the DOJ to try to get their side of the story out there. Transparency is essential, particularly when you're having one administration investigate the potential candidate on the other side ... it has to be a slam-dunk case, and it has to be performed with extreme care and sensitivity."
Dershowitz also commented on California Gov. Gavin Newsom's call to charge Govs. Greg Abbott and Ron DeSantis with kidnapping for transporting immigrants to other states, calling it "a lot far-fetched."
"Look, I live in Martha's Vineyard in the summer, and we are welcoming these folks with open arms," said Dershowitz. "I already yesterday, as soon as we found out about this, I offered through my synagogue to pay to feed and give medical care. Many of us are grandchildren and great-grandchildren of immigrants who escaped persecution. We have to be the first people to open our arms."
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