Constitutional law scholar Alan Dershowitz has slammed the early morning FBI raid at Rudy Giuliani’s apartment as an occurrence akin to what might occur in a repressive and vindictive police state where civil liberties and due process are practically nonexistent.
Even though they have butted heads over legal issues during their long careers, Dershowitz has also agreed to represent Giuliani in court: “When Rudy called me…I said sure, I’ll help out. I’m in favor of the constitution.”
“‘In banana republics, in Castro’s Cuba, in many parts of the world when a candidate loses for president, they go after the candidate, they go after his lawyers, they go after his friends,” Dershowitz went on to tell John Catsimatidis on the Cats Roundtable podcast.
“That didn’t happen in America, and that’s happening in America now,” asserted Dershowitz, who described himself as very upset about what’s going on with the investigation underway by the Manhattan-based U.S. Attorney’s Office in the Southern District of New York.
Dershowitz also questioned the logic of law enforcement agents showing up at Giuliani’s home acting like “he’s a mafia guy, or like’s he a terrorist, or like he’s somebody who’s going to destroy evidence,” over material which the former New York City mayor reportedly was willing to turn over voluntarily, or pursuant to a subpoena because he was aware of the investigation for months.
Team Giuliani has separately claimed that the FBI oddly had no interest in seizing copies of Hunter Biden’s laptop hard drives despite the alleged influence pedaling in Ukraine and elsewhere by the current president’s son.
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Giuliani is reportedly under investigation for alleged illegal lobbying on behalf of Ukraine. Some others see it as ploy by the Deep State to retaliate against the former federal prosecutor for representing President Trump in challenging the outcome of Election 2020 or in other matters in connection with Ukraine.
“They’re going after Rudy Giuliani, they’re going after Victoria Toensing, who knows who will be next?,” Dershowitz wondered.
The retired longtime Harvard Law professor and lifelong Democrat, who was on Trump’s defense team in the first impeachment trial, implied that executing a search warrant on a lawyer, especially when attorney-client privilege is in play, and particularly if it includes conversations with a U.S. president, is practically unheard of.
“A search warrant on a lawyer or a doctor or a priest? You don’t use search warrants when people have privileged information on their cell phones and in their computers. You use a subpoena. The difference between a subpoena and a search warrant is like night and day,” Dershowitz explained, noting in the former category there is an organized, legal process for what material may or may not be disclosed.
Agents instead seized Giuliani’s many electronic devices in one fell swoop, which Dershowitz described as fundamentally unconstitutional and “not the way the government is supposed to treat its citizens.”
“I think the government made a mistake here when they went by search warrant. They gave Rudy Giuliani lots of legal arguments to make, arguments that I think he could prevail upon, and it’s not just Rudy, it’s everybody, because if Rudy’s privacy is not protected, his client’s privacy is not protected, we’re all next,” Dershowitz claimed in describing the ex-mayor’s next moves.
Listen to the entire interview embedded below for the full context:
Regardless of the political ideology of the parties involved, “one lesson we’ve learned from history is that you can’t have freedom of speech for me and not for thee, you can’t have due process for me but not for thee…if they take anybody’s civil liberties away, they’re ultimately taking our civil liberties away, so we have to fight back. You might not like Rudy, you might not like Trump — it doesn’t matter,” Dershowitz insisted.
In addition to attorney-client privilege, Dershowitz noted that executive privilege might also be implicated in this instance because of Giuliani’s private interactions with then-President Trump as his lawyer.
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