Dershowitz: Jack Smith Will Have To ‘Stretch the Law’ To Indict Pres. Trump For January 6th

WASHINGTON, DC - JUNE 09: Special Counsel Jack Smith arrives to deliver remarks on a recently unsealed indictment against former President Donald Trump at the Justice Department on June 9, 2023 in Washington, DC. Former U.S. President Donald Trump has been indicted on 37 felony counts in the special counsel's classified documents probe. (Photo by Chip Somodevilla/Getty Images)
(Photo by Chip Somodevilla/Getty Images)

OAN’s Daniel Baldwin
1:06 PM – Thursday, July 27, 2023

Former President Donald Trump confirmed Thursday that his attorneys met with the Department of Justice, calling the meeting “productive.” The 45th president claimed that “no indication of notice was given during the meeting.”


Reports have surfaced that Special Counsel Jack Smith is barrelling towards handing Trump a third indictment. This one would be regarding Trump’s alleged involvement in January 6th.

“[Jack Smith’s] going to have to try to stretch the law,” criminal defense attorney Alan Dershowitz told One America News. “Stretch Article Two of the Constitution try to make an argument that people didn’t really believe that there was a challengeable aspect to the election. Legally that’s constitutionally a very hard case to make.”

Dershowitz, the author of “Get Trump,” argued that the 45th President’s speech on January 6th was, in fact, protected under the United States Constitution. 

“Well, [Jack Smith] can’t bring the speech itself,” Dershowitz said. “I despise the speech. I thought it was a terrible speech, and it showed bad judgment. But it was absolutely constitutionally protected.”

During his speech on January 6th, Trump emphasized that his supporters ought to “peacefully and patriotically make [their] voices heard.” 

“That is a constitutionally protected speech,” Dershowitz said.

Dershowitz argued that President Joe Biden’s DOJ is trying to indict Trump again, because they would be able to proceed with the case in Washington, D.C.

“They say a grand jury will indict a ham sandwich in the District of Columbia,” said Dershowitz. “And the jury will convict the ham sandwich if it has the name Trump on it.”

In fact, about 91% of the jury pool in the nation’s capital voted against the 45th President in 2020. 

“They will have a slam dunk easy case in front of a D.C. jury and D.C. judges,” Dershowitz asserted.

Trump is facing legal jeopardy elsewhere as well. Fulton County District Attorney Fani Willis has given indications she will pursue an indictment against the 45th president. Videos showed barricades being put up around the county courthouse on Thursday as well.

“The prosecution is making too much of these so-called fake electors,” Dershowitz said of the Fulton County investigation. “That’s the way you challenge an election for president, to put up an alternative slate of electors.” 

“And so I don’t think we should be criminalizing efforts to challenge the election,” Dershowitz continued. “Elections have been challenged since Thomas Jefferson, Tilden Hayes, obviously Bush v. Gore. The 1960 election was challenged in Hawaii. We had these election challenges repeatedly and they’re part of our system.”

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