Daily Caller by Alan M. Dershowitz on September 8, 2023
The four criminal trials currently scheduled for former President Donald Trump are amongst the most significant and controversial trials in American history. It is imperative that they also be among the fairest trials in our history. Regardless of the results—acquittal, conviction, hung jury—the trials must be perceived as having been fair. The defendant must receive the benefit of all of his constitutional and statutory rights. Not only is Donald Trump on trial in these cases, but the American system of justice is on trial, not only in America but around the world.
The defendant is not only a former president; he is also the leading candidate to run against the incumbent president. Never before in our history has a leading presidential candidate been indicted, especially in the run-up to the election. If the trials themselves are unfair or even reasonably perceived to be unfair, our nation will be further divided and our standing in the world of democracies will be further damaged.
There is great desire among those who strongly oppose what Trump did in the past and what they believe he is likely to do in the future to “get” him. Many believe that the noble end of preventing Trump from being our next president justifies ignoble means, including stretching the Constitution and the law so as to assure his conviction. They believe that the reelection of President Trump would be more dangerous than compromising his constitutional rights.
That is a shortsighted view that endangers future generations of Americans.
At the moment, it appears as if Donald Trump will be denied his most fundamental constitutional right—to present his defenses to an unbiased jury. In this respect, there are two major constitutional issues: the timing of the trials and the location of the trials.
When it comes to the timing of Trump’s trials, the goal of the “get Trump” posse is to secure convictions and try to influence the November 2024 election. Even if these convictions were subsequently to be reversed on appeal, they will have served their intended purpose in influencing centrist voters, which is why they are prepared to rush to legal injustice—to serve what they view as “political” justice.
As of now, with the exception of the one trial that’s scheduled to begin next month, the rest are scheduled right in the middle of the primary season, beginning in March.
As a lawyer with 60 years of experience litigating and teaching about complex criminal cases, I have absolutely no doubt that a fair trial cannot be accomplished within this time frame.
More:
https://dailycallernewsfoundation.org/2023/09/08/alan-dershowitz-get-trump-prosecutors-are-trampling-on-due-process/
