On ''Spicer & Co.,'' the law expert took former President Donald Trump's side in challenging the Justice Department's claim that it discovered only a ''limited set'' of documents potentially safeguarded by the attorney-client privilege.
The retired Harvard Law School professor served on Trump's impeachment team.
"The Justice Department says, 'Trust us. We're the government. We looked it over, and we don't find this privilege. Trust us. We're the government,''' Dershowitz explained.
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"As a defense attorney, I think I speak for many defense attorneys: We don't trust that. We don't trust the Justice Department to monitor itself. Who will guard the guardians? An independent master is much, much better,'' he added.
Dershowitz described that likely candidates for a special master if given, could be a former judge a former law school dean, or possibly even a former Supreme Court justice.
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"Somebody who has no connection with the prosecutors in the current Justice Department. That's the essential point — a complete separation,'' the constitutional lawyer said.
On the topic of paper review by Justice, Dershowitz took primary issue with the option that DOJ officials in one section of the department could give tip-offs or help their colleagues involved in prosecuting the former president.
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"I don't know if it will benefit him or not, it depends on what's in the material, but the process is the right one,'' Dershowitz said on whether the special master would benefit Trump's case.
"The process is an independent, objective one rather than the Justice Department making decisions for the other part of the Justice Department,'' he continued. ''Of course, they're going to lean over backward to help their fellow prosecutors, who they have lunch with every day.''
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“Yes, it’s possible [but] I don’t think it’s going to happen,” Alan Dershowitz told Newsmax on Tuesday about whether Trump would be arrested. People who believe that prosecution and an indictment would keep Trump away from the 2024 campaign are “dead wrong,” he remarked.
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“He can run for president even if he’s indicted, convicted, and wearing striped shirts, prison garb,” he added to the channel. “The Constitution provides only four bases for disqualification for president, and being convicted of a crime is not one of them. Congress can’t change the criteria that are in the Constitution for the election of the president.”
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Echoing statements made by Trump and some Republicans, Dershowitz said the affidavit used to justify the FBI raid at Mar-a-Lago should be released.
“You can redact the names of agents, you can redact sources and methods, but what we want to know is what the basis of probable cause that they have,” he said.
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