Alan Dershowitz told Newsmax that Attorney General Merrick Garland might not have enough to indict former President Donald Trump based on the Mar-a-Lago raid's affidavit.
During a Friday appearance on "American Agenda," the Harvard law professor emeritus took issue with the Justice Department seeking a search warrant so early. However, he still argued that there was enough probable cause to issue it.
"I've gone through the affidavit very carefully, and I don't see any justification for them seeking a search warrant," Dershowitz said, noting that a subpoena was issued. "What was the rush?
"So, I think that Merrick Garland has the burden of now establishing — based on the unredacted portions of the affidavit — what's the rush? Why didn't you simply enforce the subpoena? Why didn't you follow what you started with the subpoena?" he added.
Based on the redacted affidavit, Dershowitz concluded that Garland probably lacks enough to charge Trump. He then predicted that more legal back-and-forth between the former president's legal team and the government is coming.
"I do not think, based on this affidavit, that Merrick Garland will indict because I don't think the information meets the two standards that I think are necessary to indict a former and potentially future president," he stated.
Dershowitz then outlined the two criteria:
"Number one: it has to beat the [former President Richard] Nixon standard. So egregious, so serious, that even Republicans would agree," the attorney explained. "Number two: it has to meet the Hillary Clinton standard. Why is this different than Hillary Clinton? What's the justification for doing to Trump what was not done to Hillary Clinton?
"I don't think those two standards were met in the unredacted portions of the affidavit," he continued. "Maybe they were met by the redacted portions, but I haven't seen it."
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