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Alan Dershowitz says not disclosing Trump impeachment evidence is 'serious constitutional violation'

Dershowitz also said that some partisan FBI agents violate principles of honesty.

Published: February 1, 2022 7:28pm

Updated: February 1, 2022 8:42pm

Attorney and legal scholar Alan Dershowitz said that withholding evidence about Hunter Biden's involvement in Ukrainian energy company Burisma violates goes against Supreme Court precedent and is a "very, very serious constitutional violation."

Dershowitz, an attorney for former President Donald Trump during his first impeachment trial, explained possible constitutional issues on the "Just the News" show with editor-in-chief John Solomon and co-host Amanda Head.

Under the Brady decision, the Supreme Court ruled that suppressing evidence that could be helpful to a defendant violates the Fourteenth Amendment's Due Process Clause.

Dershowitz said that the court's decision does not apply to just criminal proceedings but to "impeachment proceedings even more so, because, in impeachment proceedings, the American public has the right to know all the evidence." He added that the purpose of the Brady decision is to "get all the evidence out" in all cases, not just criminal proceedings.

An Obama-Biden-era State Department official wrote in an email obtained by Just the News that Hunter Biden is creating problems with U.S. anti-corruption efforts in Ukraine through involvement with Burisma.

If the Democrats working to impeach Trump "were aware of exculpatory evidence or evidence that would in some way, mitigate the charges, they had an obligation to turn it over to us so that we could use this information in defending our client," Dershowitz explained. "If they fail to do that. It's a very, very serious constitutional violation."

Solomon asked Dershowitz for his thoughts on how the FBI and courts treat the law.

The Harvard professor emeritus said most FBI agents he has interacted with "are honorable and honest" people who want justice. However, Dershowitz said, "There are some ambitious prosecutors and there are some partisan FBI agents who violate those principles."

"Winning unfairly, winning by withholding exculpatory evidence, is not the American way," he said, adding, "I think it has to be rooted out."

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