Alan Dershowitz

Trump’s presence won’t sway the Supreme Court

For the first time in memory – and perhaps in history – an American president has attended a Supreme Court argument in person. I recall attorney general Robert Kennedy attending an argument back when I was a law clerk in the early 1960s. But I have seen no record of presidential attendance. Not that there is anything wrong with that, even if it was intended to convey the president’s strong belief in his side of the argument. Any fear that President Trump’s presence would influence the justices was immediately belied by the nature of the justices’ questions – which suggested some hostility to the Solicitor General’s argument limiting birthright citizenship.

Supreme Court

How Donald Trump could serve a third term

The 22nd Amendment leaves open several possible ways a two-term president could serve all or part of a third term without being elected. The text of that amendment, as ratified, prohibits a two-term president from “being elected” to a third term, but it doesn’t prohibit him from “serving,” “acting” or “holding” that office. Indeed, the framers explicitly rejected broader exclusionary language that would have made it constitutionally impossible for a two-term president to get anywhere near the Oval Office. Instead they accepted a compromise that created a loophole bigger than the new ballroom in the East Wing of the White House.This doesn’t mean that President Trump will actually run for a third term. He has told the media that he won’t.

Donald Trump

My battle to buy pierogi might end up in court

I have been going to the farmers market in Martha’s Vineyard for nearly half a century. I buy corn, tomatoes and homemade products. Until last week every vendor at the market treated me with respect and loved to have my business. I spent about $100,000 on farm and home products over the years, so I was shocked when one vendor refused to sell me their pierogi. It turns out that this particular vendor, Krem Miskevich, doesn’t approve of Zionism – that is support for Israel’s right to exist as the nation-state of the Jewish people. To be a Zionist does not require agreement with Israel’s policies or actions – just its right to be. I strongly believe in Zionism. It is an essential aspect of my religion.

Alan Dershowitz

Release the Epstein Files — all of them

From the time I was first falsely accused of having sexual contact with someone I never heard of, I asked that every bit of evidence relating to Jeffrey Epstein be disclosed. Indeed, I wrote an op-ed for the Wall Street Journal asking the FBI to open a criminal investigation of me so that I could prove beyond any doubt that the charges were made up. I agreed to waive any and all privileges if such an investigation were conducted. I continue to demand that every bit of evidence be disclosed, because I know with 100 percent certainty that the evidence, if completely produced without exceptions, exculpates me, for the simple reason that I did nothing wrong. But much of the evidence has been withheld — and for no good reason. Only the guilty are protected by the withholding of evidence.

Jeffrey Epstein

Representing O.J. Simpson was a mixed blessing

From our UK edition

When I was first asked to join the O.J. defence team, I declined, because I had appeared on television and opined that he was probably guilty. Bob Shapiro responded by saying, 'At this time, everyone thinks he’s guilty, but we have to look at all the evidence.' He also reminded me that O.J. was facing the death penalty and that I generally don’t decline capital cases. With these considerations in mind, I accepted the role as legal and constitutional consultant to the defence team and designated appellate lawyer in the event he was convicted. O.J. referred to me as his 'God-forbid lawyer.' Every defendant is entitled zealous representation, but many Americans don’t seem to understand that important principle.

Easter special: how forgiveness was forgotten

From our UK edition

36 min listen

This week: how forgiveness was forgotten, why the secular tide might be turning, and looking for romance at the British museum.  Up first: The case of Frank Hester points to something deep going on in our culture, writes Douglas Murray in the magazine this week. ‘We have never had to deal with anything like this before. Any mistake can rear up in front of you again – whether five years later (as with Hester) or decades on.’ American lawyer and author of Cancel Culture: the latest attack on free speech, Alan Dershowitz, joins the podcast to discuss whether forgiveness has been forgotten.

Are the Republicans wrong to impeach Biden?

From our UK edition

7 min listen

Freddy Gray speaks to author and lawyer Alan Dershowitz who wrote Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law. On the podcast Freddy speaks to Alan about the Republican's formal impeachment inquiry against President Joe Biden, claiming they have unearthed a 'culture of corruption' surrounding the president.

Dershowitz: the Trump-Carroll verdict is a Rorschach test

The mixed verdict delivered by the jury in the Donald Trump civil rape case will be interpreted differently by those who support and oppose the former president.   On the main count that Trump raped E. Jean Carroll, the nine-person jury unanimously found that he did not. The plaintiff could not even satisfy its low burden of proof, namely proof beyond a preponderance of the evidence. In so finding, the jury apparently disbelieved at least part of the plaintiff’s testimony. She was very specific about being raped, not merely sexually abused or molested, as the jury did find.   It’s a strange verdict.

e. jean carroll verdict

Alan Dershowitz: why Newsmax has a stronger case than Fox

Dominion did not lose three-quarters of a billion dollars from Fox's alleged defamation. It’s unlikely they actually lost very much at all; indeed they probably gained considerable credibility and additional business. This was especially so since the judge made findings favorable to Dominion’s professionalism. Had the case gone to verdict, and had Fox lost, the network probably would have been required to pay a relatively small amount of damages — certainly nothing approaching the amount for which they settled. Moreover there was a substantial chance that Fox could have won this suit, either at trial or on appeal. Dominion had a heavy burden to demonstrate that Fox was guilty of actual malice, that is, a reckless disregard for the truth.

alan dershowitz newsmax

The Ghislaine Maxwell I know

From our UK edition

My wife and I were introduced to Ghislaine Maxwell by Sir Evelyn and Lady Lynne de Rothschild, and we subsequently met her on several occasions — generally in the presence of prominent people such as Bill and Hillary Clinton, Nobel Prize-winning scientists, presidents of universities, and prominent academic and business people. We never saw her do anything inappropriate. We knew her only as Jeffrey Epstein’s thirty-something girlfriend. Now she stands accused of serious crimes allegedly committed a quarter of a century ago. Like every other arrested person, she must be presumed innocent. Many in the public however, will presume her guilty because of the portrayal of her in the Netflix series about Jeffrey Epstein.

On Jeffrey Epstein and a New Yorker attack on me

The election of Donald Trump has pulled American debate away from objectivity and turned publications into actors in a political battle. After Donald Trump’s election, the New Yorker magazine lost no time nailing its colors to the anti-Trump mast. David Remnick, its editor, lamented that Obama – a 'man of integrity, dignity, and generous spirit' – was being supplanted by 'vulgarity unbounded, a knowledge-free national leader' who would 'set markets tumbling', 'strike fear into the hearts of the vulnerable, the weak' etc. This set the tone for the magazine’s subsequent reporting. Those sympathetic to Trump are treated in the same way – as I have found out.

alan dershowitz

A reply to Melanie Phillips

From our UK edition

Melanie Phillips is nothing if not prolific and fast. Even before Spectator readers could access my reply to her earlier criticism of me, she had written and posted her own reply, “He Still Doesn’t Get It.” In it, she selectively quotes from my article.  The quotes do not do justice to the thrust of my argument.  Accordingly, my article is being published in full here. American Support For Israel Must Remain Bipartisan: A Reply to Melanie Phillips Melanie Phillips has written a critique of me because I remain a Democrat and continue to support President Barack Obama, despite his recent statements regarding expansion of Israeli settlements and other matters relating to the Middle East conflict.  See here.

How to protect civil liberties

From our UK edition

Harvard It is five years since the attacks on the World Trade Center and the Pentagon, but Western democracies have not even begun to address seriously, and in a nuanced way, the moral and intellectual challenges posed by the relatively new phenomenon of mass-casualty suicide terrorism. The traditional paradigm by which we have long confronted harmful conduct — waiting until the harm occurs and then punishing the harm-doer to deter others — cannot work with the suicide terrorist who welcomes the ultimate punishment. A new paradigm, relying more on anticipatory and preventive measures, must be considered. But such measures carry with them considerable dangers to civil liberties.

We can’t attack Iran

From our UK edition

Alan Dershowitz says that the pre-emptive assault on Iraq has given a bad name to a good idea — and will leave Iran the most dangerous nation in the world Face it. Iran will get the bomb. It has already test-fired rockets capable of targeting the entire Middle East and much of southern Europe. And it claims to have 40,000 suicide volunteers eager to deploy terrorism — even nuclear terrorism — against its enemies. With a nuclear capacity, the Islamic Republic of Iran will instantly achieve the status of superpower to which Iraq aspired. Nothing will deter Iran. Sanctions are paper protests to an oil-rich nation. Diplomacy has already failed because Russia and China are playing both sides.