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Alan Dershowitz explains why he’s ‘enthusiastically’ representing Mike Lindell over FBI phone seizure

September 23, 2022 | | Print Article

Legendary lawyer Alan Dershowitz is “enthusiastically” taking on the Department of Justice (DOJ) and the FBI for exceeding their authority and violating Mike Lindell’s constitutional rights when they seized his phone at a Minnesota Hardee’s drive-thru earlier this month.

As American Wire News reported, the MyPillow CEO was heading home from a hunting trip on September 13 and swung into a Hardee’s drive-thru, when the FBI surrounded him and demanded that he surrender his cell phone.

“The FBI came after me and took my phone, they surrounded me at a Hardee’s and took my phone I run all my businesses, everything with,” Lindell, an outspoken supporter of former President Donald Trump, said in a video he posted to social media following the encounter. “What they have done is weaponize the FBI. It’s disgusting.”

Dershowitz, who, despite being a self-proclaimed “liberal Democrat,” famously defended Trump during his first impeachment, agreed and took to the Wall Street Journal to explain why he is now defending Lindell.

“I disagree with My Pillow founder Mike Lindell about a lot of things,” he wrote, “including his belief that the 2020 election was stolen from Donald Trump. I’m a liberal Democrat; he is a conservative Republican. Yet I am enthusiastically representing him in his lawsuit against the Justice Department and Federal Bureau of Investigation over the recent search and seizure of his telephone.”

Regardless of how you feel about Mike Lindell (or, for that matter, the guy who helped get O.J. Simpson off the hook), Dershowitz’s opinion piece reads like a voice of reason in a sea of divisive party and identity politics. He reminds all Americans that it is actually possible to believe two things at once: you can believe that Biden won the 2020 election fair and square and still denounce any attempts by his administration to overstep its reach.

“It is important for Democrats who support Joe Biden’s legitimate presidency and object to Mr. Trump’s violations of constitutional norms to resist unconstitutional efforts by Mr. Biden’s administration and supporters to abuse the law, particularly the criminal-justice system, against our political opponents,” he states.

“It is easy for Republicans to criticize the Justice Department for overreaching, just as it was easy for Democrats to criticize the Trump administration,” he continues. “What is difficult is to criticize officials of one’s own party when they go too far. Yet it’s essential to keep politics out of the justice system—for principled Democrats and Republicans alike to advocate strict compliance with constitutional norms, regardless of whose ox is being gored.”

Dershowitz is unapologetically uncompromising in his adherence to the Constitution, and some of his comments are certain to trigger both sides of the political aisle.

For example, he praised what many MAGA Republicans call “RINOS” who “condemned Mr. Trump for his dangerous electoral shenanigans” — a remark that will surely induce a negative, knee-jerk response from Trump supporters — and then told Democrats they “should follow their example” and denounce Biden’s weaponization of the justice system.

“In my view as a lifelong civil libertarian, the Justice Department went too far in seeking a search warrant against Mr. Trump’s property at Mar-a-Largo,” he stated, adding that he also believes it was “wrong in opposing a special master and demanding that the department’s own lawyers be the only ones to determine whether privileged material was seized.”

“I also believe the department exceeded its constitutional authority by seeking and executing a search warrant against Mr. Lindell’s telephone, which gives investigators access to his computer files and other private and business data,” he continued.

“The Framers of the Constitution abhorred the British practice of issuing general warrants, which empowered the government to search entire homes and businesses.,” he explained. “The seizure and search of a cellphone in today’s connected world is more of a general search than rummaging through a home. Your entire life is stored on electronic devices.”

According to Dershowitz, the warrant used to seize Lindell’s phone “didn’t specify a protocol for separating the searchable from the private and privileged, thus leaving it to the discretion of Justice Department officials to make these constitutionally critical determinations.”

As Lindell’s attorney, Dershowitz is calling for the appointment of a special master in the case as well as “an injunction against Justice Department lawyers now combing through Mr. Lindell’s files.”

“We are also trying to unseal the affidavit that accompanied the warrant request and to learn whether the FBI found Mr. Lindell at a Hardee’s restaurant in Mankato, Minn., via electronic surveillance performed without a warrant,” he revealed.

 

Dershowitz noted that, had the roles been reversed and it was the Trump administration going after “a prominent Democratic supporter,” many Democrats “would. be outraged,” but when a Trump Republican’s constitutional rights are violated, there are few Democratic lawyers who are willing to represent them.

“This is a tragedy that endangers the neutrality of our Constitution and the legal profession,” he stated. “I will continue to defend the Constitution equally on behalf of Democrats and Republicans.”

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Melissa Fine
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