He made a critical mistake.
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bring in to react to all of this. Harvard Law professor Emeritus and author of
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Get Trump? The Threat to Civil Liberties, Due Process, and our Constitutional Rule
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of Law, Alan Dershowitz. Alan, good morning to you. So many questions for you
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Let's start with the legal side before we get to the politics of this. Again, the
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indictment is not, until it's unsealed, we don't specifically know what's in it, but
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the thinking is that he's gonna go after the former president for falsifying
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business records. That is a misdemeanor. To elevate that to a felony, he has to
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prove that President Trump had an intent to defraud. Your thoughts on what the
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legal side of this is so far? Start with the most likely felony that's been
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committed in this case, and that is if somebody on the grand jury, prosecutor
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grand juror, leaked the fact that there was a vote to indict. That is a one to
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five year Class E felony under New York. So Bragg now has a prima facie case that
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a crime has been committed right in his building. But as far as I know, he's not
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investigating it. Now, we don't know who did the leak. It's conceivable it could
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have been done for somebody in the Trump administration, but I doubt it because
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they seem to have been taken by great surprise. So the most likely source of the leak is someone from within Bragg's office or within the grand jury. That's
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where the focus ought to be, because there you have a crime, and then you try
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to find out who committed the crime. It's the opposite of what happened in the Trump case. With Trump, they say, let's get Trump. Title of my book, Get
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Trump, comes from the campaign pledges of the District Attorney and the Attorney
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General of New York. Let's get Trump. We'll figure out what crimes there might
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be after we get elected. They get elected. They spend years searching for
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crimes. They find. So they make up a fake misdemeanor about corporate
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records. Then they try to piggyback a federal felony on that. Now, again, we
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don't know what's in the indictment that will probably get leaked to by the same person who leaked the fact that there was a vote. So until we know what's in
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the indictment, we can't know for sure. But from everything we know now, this looks like the weakest case in modern history. And when you have a Democrat
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who had run for office on the campaign to get Trump, and he's trying to indict
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the man who's about to run against the head of the Democratic Party, namely
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President Joe Biden, you better have a slam dunk case. Now, we don't know if
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it is a slam dunk case, but from everything we know, this seems like an
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extraordinarily weak case and an extraordinary abuse of prosecutorial discretion. But let's keep an open mind. We can see what the indictment says. But
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in the meantime, there should be an investigation of was there a leak? And
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if so, who did the leaking? Alan Dershowitz is one of the most famed
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legal scholars of our time or any time for that matter. This is a man who is a
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Democrat. He is unashamed being a Democrat. He has said it a million
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times. He is a Democrat, but he recognizes the law. He said it for the
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entire Trump administration. He realizes exactly what is going on here with the
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prosecution and the persecution of Donald John Trump. But now now it might
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be Alvin Bragg or one of the members of the grand jury who leaked the
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information about the indictment, because let's not forget this was a sealed indictment. The media was not supposed to know about it until such
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time as Donald John Trump was arraigned. However, that didn't happen. What
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happened was, as you know, the media got news of it on Thursday, and it went
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wild, and it caused a lot of consternation and a lot of issues. Well
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now somebody and it could be Alvin Bragg. It could be one of the members
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of the grand jury. But you know, Alvin does like that publicity, but it could
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be him. It could be one of the members of the grand jury, but somebody somebody could be facing as much as five years in prison for this for this
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leak. That's the actual felony that happened here. Just like Alan Dershowitz said, that is the actual felony that happened here. As far as
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the case against Trump, as Dershowitz said, it's probably not gonna do much
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of anything. I mean, you do have a New York jury. That's the only problem, and you've got to get it out of New York. You've got to get it out of New
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York. There's no way he can get a fair trial in New York. That is my biggest concern, folks. I want to thank you for joining us here today. I am Carmine
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Sabia. This is Explain America. Before you go, I want to ask you to like
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guys. God bless you. Take care, everybody
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