Alan Dershowitz calls Biden waiving Trump's executive privilege unconstitutional

Dershowitz says Biden waiving the executive privilege of former President Trump is unconstitutional

Published: August 23, 2022 6:30pm

Updated: August 23, 2022 7:46pm

Harvard Law School Professor Emeritus Alan Dershowitz said on Tuesday that the Biden administration waiving former President Donald Trump's executive privilege was unconstitutional.

The Biden White House worked with the Justice Department and the National Archives to instigate a criminal probe into Trump's alleged mishandling of documents, resulting in the raid of Mar-a-Lago.

Acting National Archivist Debra Steidel Wall wrote to Trump's team in May, "I have therefore decided not to honor the former President's 'protective' claim of privilege."

"This is really an important story, because the idea that a sitting president can somehow waive the executive privilege of a previous president really wrecks the executive privilege, which is implicit in Article Two of the Constitution," Dershowitz said on "Just the News, Not Noise." "You can't have a privilege, which then your political opponent can waive."

Dershowitz also accused constitutional scholars of supporting the administration as part of the "get Trump" movement. 

"I can't believe that any constitutional scholar would agree with that," Dershowitz continued. "But of course they will because it's part of 'get Trump.'"

"When Trump is at stake, the constitution be damned, the law be damned, the rule of law be damned," Dershowitz stated. "Everything is okay as long as it's 'get Trump.'"

Dershowitz was asked if there was some sort of unwritten code between presidents that some things like executive privilege were sacrosanct.

"We don't live in that age anymore," Dershowitz answered. "There are no friendships. There are no rules. There are no relationships. There are only picking sides."

Though a liberal Democrat, he stated on the show that he would fight to preserve constitutional rights that he believes were violated against Trump by the federal government.

"That's what this is all about: preserving our constitutional rights in the face of an effort to get Trump at any cost," Dershowitz expressed. "And I will stand in the way. No matter how many friends I lose, no matter how much it damages my reputation among radicals on the left, I will be the one standing up for the Constitution."

He advised former President Trump to bring a lawsuit forward against the FBI.

"What he can do is bring a lawsuit-seeking to exclude anything that was executive privilege from any use," Dershowitz concluded. "You can also bring a damage lawsuit. I think actually exclusionary lawsuit is a good thing. Trump has already started that by seeking a special master."  

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