Dershowitz: NY Prosecutor Must Recuse Herself In Trump Civil Case

He’s not a Trump voter, just a free speech absolutist who believes the rule of law should treat everyone fairly. As far as credentials go, he taught law in Harvard.

Letitia James has made good on her pledge to declare war on Donald Trump and his family. For that reason, Trump should petition the courts to have Letitia recused and removed from taking legal action against him.

It’s not a personal grudge, either. Dershowitz actually likes James. He just doesn’t like how she is using her office to target a political rival.

“I like Letitia James. She’s a very nice person, but she campaigned on the promise to get Trump before seeing any evidence, and so she is just fulfilling a campaign promise,” he told Newsmax on Thursday. “You can’t have prosecutors even civilly prosecuting a defendant if they made a campaign promise that they have to fulfill. They are not neutral and objective.” — EpochTimes

Will this presidential election be the most important in American history?

While campaigning for the job, she promised on multiple occasions that she would specifically use her office to target Donald Trump, his business, and his family. Just this week, she has done exactly that.

Even NBC uses the phrase ‘Trump Foe’ to describe James in the title of a piece that tries to use Trump’s invocation of his right NOT to self-incriminate in a bad-faith deposition as though it is evidence implying wrongdoing.

New York Attorney General Letitia James, who has been conducting a civil investigation of former President Donald Trump’s company, announced a major lawsuit of Trump, three of his adult children and his company over widespread fraud claims.
…In August, Trump appeared for a deposition conducted by James’s lawyers. He invoked his Fifth Amendment right against self-incrimination more than 440 times in refusing to answer questions under oath.

Dershowitz, who actually taught law at Harvard, takes issue with the nature of the case itself.

James frames her case as though Trump had somehow ‘harmed’ the people of New York. It is not at all obvious how he has done anything of the sort.

Dershowitz, a longtime criminal defense attorney, wondered why James and the attorney general’s office are involved.
“Look, who are the people who were defrauded here, they claim? The biggest banks in the world. Why can’t the biggest banks sue him and take care of themselves?’ he asked on Thursday. “Why does Letitia James have to be out there protecting and defending the biggest banks in that country who haven’t sued him at all? So this doesn’t pass the test of a legitimate civil complaint, and I think they should challenge this vigorously.”
Dershowitz added that he doesn’t believe James, a Democrat who is up for reelection in November, “cares as much about losing as having brought the lawsuit,” which is “not the way the criminal justice system or the civil justice system should work.”

The more we see this endless stream of failed legal cases raised against Trump, the more it will appear that Trump’s complaint that this is an organized attempt to use the power of government to cause financial and reputational damage on a political rival rings true.

What a coincidence that this very strategy happens to have been written by David Brock of Media Matters, before Trump was even sworn in. (Note especially pages 2, 25-26) It even mentions criminal indictments and impeachment. We’re no legal experts. We’re just watching from the cheap seats here, but this sounds like something that might stand up to a ‘malice aforethought’ test.

Cross-posted with Clash Daily


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