By Royal Alexander/Opinion
Former Harvard constitutional law professor Alan Dershowitz has again stood up to the tyrannical Leftists who scorn his faithfulness to the guarantees of our U.S. Constitution.
As you may recall, Dershowitz was one of the attorneys who represented President Trump during his impeachment trial in defense of the legally suspect charges against him. Pres. Trump was, of course, acquitted both times.
Now, Mr. Dershowitz has joined the representation of My Pillow founder Mike Lindell in Lindell’s lawsuit against the Justice Department and FBI over the recent search and seizure of Lindell’s cell phone.
Mr. Dershowitz freely admits that he is a liberal Democrat and describes himself as a “lifelong civil libertarian.” He states that he has joined the Lindell representation because his “respect for civil liberties and the Constitution is more important than partisan differences.”
He continues “it’s essential to keep politics out of the justice system—for principled Democrats and Republicans alike to advocate strict compliance with constitutional norms, regardless of whose ox is being gored.”
I note that Mr. Dershowitz also stated he believes the Department of Justice “went too far in seeking a search warrant against Mr. Trump’s Florida property at Mar-a-Lago” asserting that the court could have taken less intrusive measures to enforce its subpoena. Most interestingly, Mr. Dershowitz also states that the Justice Department was also “wrong” both in opposing a Special Master and in demanding that the Department’s own lawyers “be the only ones to determine whether privileged material was seized.”
How powerfully refreshing and encouraging to hear this statement of law and fact. However, it is equally frightening and appalling that there is even a need for Mr. Dershowitz to again have to demand that every American citizen is entitled to certain ironclad fundamental constitutional rights. Nevertheless, every time he represents President Trump, or someone associated with him, or defends Israel’s right to exist, the Lunatic Leftist mob attacks his doing so.
Let’s recall how justice works in our country.
It is inviolable that every American is entitled to a legal defense. In a criminal matter, evidence is gathered and, based upon probable cause, a search warrant is obtained after review by a neutral magistrate judge. Then, an arrest is often made, Miranda warnings are given, and a suspect may either choose to speak to police officers or may exercise their right not to and remain silent.
Then, unless there is a plea, a trial is held, evidence is presented, and an impartial jury of the suspect’s peers decide their guilt or innocence. Importantly, the government has the entire burden to prove its case. That’s how our legal system works and that’s how we render justice in this country.
That is why—after the legal and political persecution they had suffered at the hands of the British government—the Framers of our Constitution were adamant about the rights they enshrined in the Constitution.
Chief among them are the 4th Amendment’s right against unreasonable search and seizure—an issue Mr. Lindell is fighting—as well as the right to legal representation, against self-incrimination, Double Jeopardy—being tried twice for the same offense; the right to a speedy public trial, the right to an impartial jury and the right of the individual to know who his accusers are—and confront and cross examine them—and to know clearly the charges against him. Every accused individual is also entitled to the Presumption of Innocence and that the charge be proven in accord with the heavy legal burden of Beyond a Reasonable Doubt.
All of these core rights fall under the Constitutional rubric of Due Process of law—which means we may not be deprived of life, liberty, or property without due process. Simply defined, due process means that laws must be applied fairly and equally to all American citizens—whether prince or pauper, Democrat or Republican, pillow maker or president—when a citizen is accused of a crime.
President Trump and Mr. Lindell are also, obviously, entitled to these same constitutional rights. It is tragic that Mr. Dershowitz must constantly be forced to reassert them to the screaming hordes who—if their own life or liberty were threatened with a criminal charge— would not hesitate to avail themselves of these key constitutional protections.
In defending some of the most revered of our nation’s legal principles, I salute Mr. Dershowitz for simply but bravely saying what the law is and what it requires.