Dershowitz to Newsmax: ‘It’s not what’s in the inventory’, it’s what isn’t

Alan Dershowitz said newsmax Friday that whether to indict former President Donald Trump doesn’t depend on what’s in the documents recovered from Mar-a-Lago, but what’s not.

On ”The record with Greta Van Susteren‘, the former Harvard professor pointed out that the Justice Department’s primary concern was potentially missing files that Trump’s legal team might not have turned over to authorities.

“I think a lot of people miss the point. It’s not what’s in inventory — it’s not going to get Trump in trouble — it’s what’s not in inventory,’ Dershowitz said.

”If the inventory can show that there are documents that are missing, that have been destroyed, that have been hidden, that have been moved, that would help constitute the case of obstruction, which is the only case that would survive. ”, he added.

The constitutional law expert, who was part of Trump’s impeachment defense team, said he doesn’t believe the Justice Department will pursue charges against Trump simply for mishandling classified information, pointing out that former Secretary of State Hillary Clinton has not been charged in connection with him. email scandal.

“But if there may be a case of willful destruction, I haven’t seen evidence of it so far, but that’s why it matters what those empty envelopes might contain,” he said. he proclaimed. ”So that’s not what’s in the inventory. That’s what’s not in inventory.”

Dershowitz also said it will be difficult for federal prosecutors to prove malicious intent in the mishandling of records, saying “they won’t be able to prove intent, I believe.” ”

“You must show a corrupt intention. Laziness is not enough. Selfishness is not enough. Thinking you are above the law is not enough. There must be something much more serious than that,” explained the lawyer.

“Did he want to sell them? Of course not. Did he want to give them to China? Of course not,” he continued. “So I think they’ll have a very tough job trying to create foul play.”

Dershowitz’s comments follow the Justice Department’s release of files obtained during the FBI’s search of Trump’s property in South Florida last month.

According to inventory18 documents were marked top secret, 54 marked secret, 31 confidential, 48 empty files read “classified” and another 42 files were marked for return to the secretary of staff or military aid.

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