I've read the indictment and here is my legal analysis
The Dershow
Alan Dershowitz | Kast Media
4.4 • 1.9K Ratings
🗓️ 2 August 2023
⏱️ 32 minutes
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Alan Dershowitz's podcast. Dershow media
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Transcript
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| 0:00.0 | Welcome back to the Dershow. I'm glad I'm back after my one month hiatus and apparently |
| 0:07.3 | some of you are glad I'm back. I got some nice letters. One of them however said the |
| 0:13.1 | episode was uploaded 19 hours ago but does not appear under latest videos on your channel |
| 0:18.9 | page, nor is it on your channel's homepage tab. My son, the producer says it is however |
| 0:24.5 | on the live page, so if you want to get it, go to the live page. Okay, so I've now read |
| 0:31.3 | the indictment very, very carefully and very thoroughly. It is one of the strangest documents |
| 0:37.8 | I've ever read and to show you to demonstrate how open ended and broad this indictment |
| 0:44.2 | is, I'm only doing this to illustrate, I'm not going to say it's going to happen or it |
| 0:48.1 | should happen, just to illustrate. Under the terms of this indictment, Jack Smith, the |
| 0:54.0 | prosecutor could be indicted. Let me explain why. The core of the indictment is that Donald |
| 1:01.7 | Trump lied to the public that he lied. He just lied. But Jack Smith lied. In his indictment, |
| 1:11.2 | he outlines the speech that John Donald Trump made on January 6th. It's a very important |
| 1:18.6 | part of the indictment, but he deliberately willfully and with malice, leaves out the key |
| 1:26.4 | words. He doctors the speech. He leaves out the fact that Donald Trump said, I want you |
| 1:33.8 | to protest peacefully and patriotically, peacefully and patriotically. Those are the two words that |
| 1:41.1 | bring him within the First Amendment. Now, you can argue about that. What you cannot argue |
| 1:45.9 | about is that a decent prosecutor, an honest lawyer, doesn't leave those words out of the |
| 1:51.6 | indictment. And that's what Jack Smith did. He left those words out of the indictment, |
| 1:58.7 | a lie by omission under the law can be just as serious as a lie by commission. So under |
| 2:05.5 | the theory, the absurd theory that lying is now criminalized, Jack Smith could be turned |
| 2:12.0 | into a criminal. Let me give you another example. One of the indictments is the post-civil |
| 2:18.4 | war Ku Klux Klan statute that says if two or more persons conspire to injure or threaten, |
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