(Photo by Mario Tama/Getty Images)
OAN’s Daniel Baldwin
9:46 AM – Tuesday, August 15, 2023
45th President Donald Trump was indicted for the fourth time Monday night on a slew of charges in relation to alleged attempts to overturn the 2020 election results.
“This indictment is very, very dangerous,” criminal defense attorney Alan Dershowitz told One America News.
Trump and more than a dozen others were charged with violating the Georgia RICO Act (the Racketeer Influenced And Corrupt Organizations Act), Solicitation of Violation of Oath by a Public Officer, Conspiracy to Commit Impersonating a Public Officer, among other things. Other defendants include former White House Chief of Staff Mark Meadows, Trump’s former attorneys Rudy Giuliani, Jenna Ellis, Jeffrey Clark, John Eastman, and more.
“This changes the rules of the game,” Dershowitz said. “This basically says RICO is not just applicable to organized crime or to organized, commercial crime with hierarchies, but it also applies to protests against election results. It’s going to deter and chill people from challenging legitimate election results.”
The 98-page indictment claims Trump worked with his alleged co-conspirators to “unlawfully change the outcome of the election in favor of Trump.”
But Dershowitz points out that it is not illegal to challenge the results of elections.
“Let’s remember, we have a process for challenging elections,” Dershowitz said. “It involves alternate electors. It involves going to court. What this indictment basically says is if you do that, we’re going to indict you.”
Dershowitz even laid out the extensive history of challenging election results in the U.S.
“What you’re supposed to do is have an alternate slate of electors,” Dershowitz explained. “You’re supposed to go to the Secretary of State. You’re supposed to file lawsuits. You’re supposed to do all of these things.”
“That’s what happened in 1800 with Thomas Jefferson and Aaron Burris,” Dershowitz continued. “That’s what happened to Tilden Hayes. It’s what happened in 1960 in Hawaii with Kennedy. It’s what happened in 2016 when Jamie Raskin went on the floor of Congress and asked to do some of these same things.”
Dershowitz says that the entire case, much like Special Counsel Jack Smith’s Jan. 6 case, hinges on proving that Trump did not believe the 2020 election was stolen.
“The crux of the indictment is that the government is gonna have to prove, prosecutors gonna prove beyond reasonable doubt that Trump actually knew that the election was fair, but he didn’t know the election was fair.”
“And it’s his mind that’s on trial,” Dershowitz continued. “We can dive in because it depends so much on the prosecutor being able to get into Donald Trump’s mind and prove his intent. Because if he thought the election was stolen from him, he did the right thing.”
Dershowitz says following the rule of law is not the point of any of the four indictments Trump is facing. He claims they were designed to “get a quick verdict.”
“What [the prosecutors are] looking for is verdicts from largely biased jurors in largely biased areas, which have been overwhelmingly against Trump,” he explained. “And then if they’re reversed on appeal, big deal, that will be after the election.”
Friday, August 25th is the deadline for the 45th president to turn himself in regarding this case.
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