Alan Dershowitz: Arresting or Convicting Trump Won’t Keep Him Out of 2024 Race

Attorney and law professor Alan Dershowitz in Washington on Jan. 29, 2020. Mario Tama/Getty Images

Former President Donald Trump will likely not be arrested on charges stemming from the FBI’s raid last week, according to a former Harvard Law School professor.

“Yes, it’s possible [but] I don’t think it’s going to happen,” Alan Dershowitz told Newsmax on Tuesday about whether Trump would be arrested. People who believe that prosecution and an indictment would keep Trump away from the 2024 campaign are “dead wrong,” he remarked.

“He can run for president even if he’s indicted, convicted, and wearing striped shirts, prison garb,” he added to the channel. “The Constitution provides only four bases for disqualification for president, and being convicted of a crime is not one of them. Congress can’t change the criteria that are in the Constitution for the election of the president.”

Echoing statements made by Trump and some Republicans, Dershowitz said the affidavit used to justify the FBI raid at Mar-a-Lago should be released.

“You can redact the names of agents, you can redact sources and methods, but what we want to know is what the basis of probable cause that they have,” he said.

A U.S. magistrate judge in the case, Bruce Reinhart, ordered the unsealing of a warrant and property receipt. The warrant shows Trump is under federal investigation for possibly several U.S. Code violations, while the receipt shows agents found allegedly classified and top secret material at Trump’s home.

Affidavit

Reinhart scheduled a Thursday hearing on whether the affidavit and other materials related to the case should be released.

Lawyers for the Department of Justice on Monday argued that releasing the affidavit would damage the agency’s investigation and argued that unsealing a version with redactions “would not serve any public interest.” Several media outlets, watchdogs, and other entities have filed motions to release the affidavit.

“Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses, as well as in other high-profile investigations,” the Justice Department wrote. “The fact that this investigation implicates highly classified materials further underscores the need to protect the integrity of the investigation and exacerbates the potential harm if information is disclosed to the public prematurely or improperly.”

The former president on Monday said that FBI agents took three passports from him before a spokesperson confirmed that a Department of Justice official said they were returned. Hours later, he called for the Justice Department to release the affidavit, which would provide insight into why the Department of Justice believes it is justified in trying to obtain the search warrant.

“There is no way to justify the unannounced RAID of Mar-a-Lago, the home of the 45th President of the United States ... in the interest of TRANSPARENCY, I call for the immediate release of the completely Unredacted Affidavit pertaining to this horrible and shocking BREAK-IN. Also, the Judge on this case should recuse!” Trump wrote on Truth Social.