Posted on 05/03/2021 11:54:58 PM PDT by MarvinStinson
Harvard Law School Professor Emeritus Alan Dershowitz said he was “disappointed” in Attorney General Merrick Garland’s approval of a search warrant for the FBI to raid Rudy Giuliani’s apartment.
Dershowitz said, “I would have thought that Merrick Garland, who I strongly supported when he was nominated for the Supreme Court, and who I remember as a student at Harvard Law School, a quite brilliant student … but I would have thought that he would have said — the way Barr said, ‘No, you can’t go for a search warrant. If you want to get a subpoena, okay,’ and then there’s a contest.”
He continued, “Search warrants are ex parte, and subpoenas are adversarial. You file a request for information as a subpoena, and then the other side says, ‘No,’ and then you go before an impartial judge who decides how much — if anything — the government is entitled to. I would hope they would do that.”
Dershowitz said he is now advising Giuliani’s legal team on Fourth Amendment matters related to the raid.
“The Fourth Amendment has nothing to do with criminal prosecution,” he explained, “The Fourth Amendment is about a right to privacy, not about criminal prosecution, and the government has no right to read confidential communications between the lawyer and client, the priest and a penitent, the patient and a doctor, or psychiatrist and a patient.”
He concluded, “That’s a simple matter, and it was clearly violated in this case, and so [Giuliani] is going to fight back, and I’m going to help him. … Certainly, former President Trump would have the right to bring a lawsuit and say, ‘Whoa, wait a minute. Don’t read the material I gave to him. Give that back to me. It’s my information. It’s my privilege.'”
(Excerpt) Read more at breitbart.com ...
Calm down Alan, keep your underwear on!
Mr. Dershowitz appears quite calm. His remarks seem quite measured and coherent. Why are you unfairly disparaging him?
Regards,
I am ‘disappointed’ that Dershowitz got snookered into believing that Garland would be an impartial US AG.........
Merrick is a toadie, nothing more.
He’s a guy who doesn’t believe that a crime can be committed after dark.
The man’s a stooge, a cypher, an apparatchik who does not believe in the Rule of Law if it is not partisan enough for his liking.
Can you believe that the Lefties almost bullied this stooge POS onto the Supreme Court?
Well, the old “I am a lawyer and everything is privileged communication” certainly worked well enough for sHrillary!
We dodged a bullet on that one.
Garland on the Supreme Court .... sheesh, how horrible.
Well Frat Boy and Phony Barrett are no prize.
Shameful, just shameful.
Criminal democrat party government...again.
Assuming that Garland was a brilliant student at Harvard Law School, he HAD to know the difference between a search warrant and a subpoena. What might have been Merrick's motive for violating the constitution's fourth amendment?
Does he still have aspirations to be a member of the Supreme Court? Does he want to be selected as one of the new four members to pack the court?
Does Garland want to set new precedent for Biden's totalitarian regime?
Garland is the Heinrich Himmler of our times.
He very likely keeps a cyanide pill in his pocket at all times.... for when he will need it.
Dershowitz is a hero here for daring to publicly stand up for American law.
It’s so rare among these so-called Democrats. Bunch of Stasi criminals, the whole lot of them.
Garland has made quite clear he had no business being on the Supreme Court.
No, not in his pocket... In a false tooth. In case of frisking... Much more reliable.
Regards,
“I am ‘disappointed’ that Dershowitz got snookered into believing that Garland would be an impartial US AG”
Dershowitz is a long time swampster who knows how to play both sides well.
Amendments they don’t last forever.
Huh Joe
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