In a recent report, Harvard Law Professor Alan Dershowitz raised concerns over the handling of several high-profile cases involving political figures. Dershowitz highlighted what he sees as a potential double standard in the application of the law. He specifically pointed to the cases involving Hillary Clinton, Joe Biden, and Donald Trump.
Dershowitz questioned the handling of Hillary Clinton's case, noting that former FBI Director James Comey implicated her for willfully retaining classified information. Similarly, he argued that the recent report by Robert Herr implicated Joe Biden for the same offense. Dershowitz expressed worry about the different treatment these cases received, suggesting a disturbing double standard.
The professor emphasized that under the law, the focus should be on the willful retention and disclosure of classified materials, not on factors like a defendant's current mental state or their intent. Dershowitz found it problematic that Biden's cooperation and potential sympathetic jury could be seen as grounds for dismissing his alleged wrongdoing, while Trump's recklessness was used to support his criminality.
Dershowitz also drew a connection between today's report and a morning case at the Supreme Court, raising concerns about the difficulty in removing a president through the 25th Amendment. He criticized the lack of consistency between the high standard required to invoke the 25th Amendment and a state's ability to potentially remove a president with a simple decision.
The professor concluded by expressing his worries about Biden's cognitive abilities and its impact on the upcoming election. He highlighted the need to carefully consider the vice presidential choice, as the 25th Amendment might become applicable in the future if Biden's cognitive issues persist.
Finally, Dershowitz touched on Trump's case, suggesting that he may have a defense based on the Federal Records Act, which grants custody and control of classified documents to former presidents. Additionally, he mentioned the Department of Justice's longstanding opinion that a former president has the right to keep whatever they want.
Dershowitz's concerns and analyses shed light on potential inconsistencies in the application of the law and raise questions about the fairness and impartiality of the legal system. As the election approaches, these issues will undoubtedly play a role in shaping public opinion and decision-making.
