Sep 22, 2022
Alan Dershowitz Explains Why Hes Representing Mike Lindell in Hardees Drive-Thru Phone Seizure Brouhaha
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Alan Dershowitz said he’s representing Mike Lindell because the Department of Justice “exceeded its authority” when it seized the My Pillow CEO’s phone while he was at a Hardee’s drive-thru in Minnesota this month.
Lindell said last week FBI agents approached him as he waited for food.
“Cars pulled up in front of us, to the side of us, and behind us and I said those are either bad guys or the FBI,” Lindell stated. “Well, it turns out they were the FBI.”
After the FBI demanded his phone, Lindell said he told them, “If I don’t give it to you, will you arrest me then?” He said he called his lawyer, who advised him to turn over his phone.
Lindell is an election-denier who attended a meeting at the White House in the waning days of the Donald Trump administration. Like Trump, the conspiracy theorist insisted the election had been stolen and “brainstormed” ways to keep Trump in power.
Writing in the Wall Street Journal on Thursday, Dershowitz explained why he’s representing Lindell.
“I disagree with My Pillow founder Mike Lindell about a lot of things, including his belief that the 2020 election was stolen from Donald Trump,” the former Harvard law professor began. “I’m a liberal Democrat; he is a conservative Republican. Yet I am enthusiastically representing him in his lawsuit against the Justice Department and Federal Bureau of Investigation over the recent search and seizure of his telephone.”
Dershowitz said it’s important for everyone – including Democrats – “to resist unconstitutional efforts by Mr. Biden’s administration and supporters to abuse the law, particularly the criminal-justice system, against our political opponents.”
Republicans have accused President Joe Biden of “politicizing” the DOJ by pointing to its investigations into Trump’s role in inciting the Jan. 6, 2021 Capitol insurrection, and more recently his possession of government documents at his Florida estate. Some of those materials are classified.
Dershowitz, who represented Trump at his first impeachment trial, stated:
I also believe the department exceeded its constitutional authority by seeking and executing a search warrant against Mr. Lindell’s telephone, which gives investigators access to his computer files and other private and business data. The Framers of the Constitution abhorred the British practice of issuing general warrants, which empowered the government to search entire homes and businesses. The seizure and search of a cellphone in today’s connected world is more of a general search than rummaging through a home. Your entire life is stored on electronic devices.
He went on to claim the search warrant served to Lindell “didn’t specify a protocol for separating the searchable from the private and privileged, thus leaving it to the discretion of Justice Department officials to make these constitutionally critical determinations.”
Dershowitz closed by lamenting that Trump supporters have had their rights infringed upon.
“[T]oday few Democratic lawyers will represent Trump Republicans whose constitutional rights have been violated,” he wrote. “This is a tragedy that endangers the neutrality of our Constitution and the legal profession. I will continue to defend the Constitution equally on behalf of Democrats and Republicans.”
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News Source: mediaite.com
Perilously fast: Trump advisors raise concerns about the pace of the DOJs investigation: report
Behind closed doors, former President Donald Trump's advisors are reportedly expressing concerns about the pace of the U.S. Department of Justice's (DOJ) investigation, according to a new report published by The Guardian.
Per the report, the former president's advisors are beginning to panic because the DOJ's classified documents probe is moving faster than they'd anticipated.
The latest development comes just days after special master Raymond Dearie raised questions about Trump's claim that he'd declassified the documents. Dearie also put the former president and his legal team on the spot regarding his unfounded claims that the Federal Bureau of Investigation (FBI) had "planted" evidence during the Mar-a-Lago search.
READ MORE: Mar-a-Lago smoking gun footage may mean DOJ may not have recovered all the classified material: legal experts
The Guardian's Hugo Lowell also noted how the 11th Circuit Court of Appeals' decision complicates the legal team's efforts as they attempt to slow the investigation.
Per Lowell, that is one of the reasons for the panic.
"The 29-page decision amounted to a sharp rebuke of the rulings by US district court judge Aileen Cannon, who is overseeing the case in Florida, but it also brought an end to Trump’s attempt to slow down the investigation that his advisers feared was moving perilously fast," the report states.
It adds, "Being allowed to examine the roughly 100 documents marked classified means justice department investigators can now resume the investigation into the most serious lines of inquiry – the willful retention of national defense information and obstruction – with the primary evidence itself."
READ MORE: Justice Department sues Peter Navarro over private email server
Since Trump's legal time is not allowed to review the documents themselves, Lowell believes that may be more concerning for them.
"Trump’s goal in requesting a special master was multi-pronged from the start, according to sources familiar with the matter, and the principal – though publicly unstated – aim was to apply the brakes on the criminal investigation, after the FBI search of Mar-a-Lago took Trump’s lawyers by surprise," Lowell wrote. "A second major aim, the sources said, was to use the special master motion as a vehicle to get more insight into what documents the FBI retrieved from the property because they were initially in the dark about the extent of Trump’s, as well as their own, potential exposure."
READ MORE: 'A roadmap to the ongoing investigation': DOJ urges judge not to unseal affidavit that sparked Mar-a-Lago searchFrom Your Site Articles