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Dershowitz: 'absolutely' nothing Trump said on January 6 was incitement under the First Amendment

The famed defense attorney weighs in on the first night of the special January 6 committee's primetime presentations.

Published: June 10, 2022 1:35pm

Updated: June 10, 2022 3:13pm

Famed defense attorney Alan Dershowitz says former President Donald Trump said nothing on Jan. 6, 2021 that would rise to the level of incitement of the mob that would breach the Capitol building.

Dershowitz, also professor emeritus at Harvard Law School, made the comment Thursday night, before the Democrat-led House committee investigating the Jan. 6 riot at the Capitol, held its first public hearing. 

"Absolutely not," he said when asked on the "Just the News, Not Noise" television show whether Trump said anything on Twitter or during his speech on the national mall before the riot that would qualify as exclusionary under the First Amendment, Dershowitz said,

Trump, for whom Dershowitz did not vote in 2020, was impeached, for a second time, for inciting the Jan. 6 crowds to storm the capitol.

The former Harvard professor also told show cohosts John Solomon and Amanda Head that "no rational person will believe" the report eventually released by the special congressional panel because it is a one-sided conclusion to a series of hearing during which no due process has taken place.

"I have no favorable views of what happened on January 6," but "I care about due process," he said. 

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