Renowned constitutional law professor, Alan Dershowitz, has hinted that former President Donald Trump might find himself entangled in the ongoing probe of the Jan. 6 Capitol riot. Speaking to Newsmax on December 14, 2023, Dershowitz, part of Trump’s defense team during his initial impeachment trial, expressed the opinion that Trump could potentially be implicated under the federal statute prohibiting seditious conspiracy.
According to Dershowitz, the charges against Trump might not be about obstructing justice but could revolve around the exercise of First Amendment rights during the chaotic events of that fateful day. While acknowledging that some individuals went too far by damaging property, he argued that those attempting to influence congressional hearings were merely exercising their constitutional rights.
Dershowitz elaborated, “It doesn’t apply to everybody, but I think it probably does apply to President Trump. He, too, as a citizen, had the right to petition his government for what he believed was a redress of grievances.”
More Read
The legal expert emphasized that the broad and somewhat vague nature of the statute (18 U.S. Code § 2384) might be wielded against Trump and his associates, alleging their role in inciting the mob that stormed the Capitol. He noted the rarity of the statute’s application throughout American history and its past challenges on constitutional grounds.
Critiquing the House select committee investigating the Jan. 6 incident, Dershowitz suggested that credibility could have been bolstered by including initially chosen Republicans. He raised concerns about the committee’s refusal to allow cross-examination of witnesses, asserting that credible testimonies should always undergo thorough questioning—a step he claimed has been absent in the Jan. 6 committee hearings.
