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Alan Dershowitz: Way The Feds Treat Giuliani “Just Not Constitutional”

On April 28th, Federal agents raided Rudy Giuliani’s apartment and office, as part of an investigation into the attorney and former New York mayor for lobbying law violations, according to prosecutors. But reading between the lines, Alan Dershowitz, a constitutional law expert, told The Cats Roundtable the prosecution of Rudy Giuliani was clearly about his political affiliations with President Trump.  Dershowitz compared the raid to the worst aspects of dysfunctional regimes like “Castro’s Cuba,” and a high-profile example of what happens when the courts become weapons of partisan politics.

“In many parts of the world, when a candidate loses for President, they go after the candidate, they go after his lawyers, they go after his friends—that didn’t happen in America, and that’s happening in America now,” Dershowitz said.

The partisanship was naked to see in the Justice Department’s decision to carry out a search warrant instead of a subpoena, the usual request prosecutors make with individuals who handle privileged information, such as lawyers, doctors, or priests.

“You don’t use search warrants when people have privileged information on their cell phones and on their computers, you use a subpoena,” Dershowitz told The Cats Roundtable emphatically. “But here, they’re going after him, they’re searching, they’re taking everything from his cloud and from his computers, including privileged information.  It’s just not constitutional.”

Because of the egregiousness of the case against Giuliani, Dershowitz agreed to help Giuliani out.  It’s an unlikely duo in the fight for civil rights, Dershowitz told The Cats Roundtable, but despite their own differences, they both agreed about the constitution.

“This time he’s on the side of the angels, he’s on the side of the constitution,” Dershowitz said, calling it ridiculous the Garland Justice Department would treat Giuliani like a “mafia-guy, or like he’s a terrorist.”

The raid on Giuliani betrayed what the true “hard left” think in regards to the constitution, or civil rights generally, Dershowitz told The Cats Roundtable, calling the government’s tactics “very dangerous” and “just not the way the government is supposed to treat its citizens.”

“They want to destroy the court as a neutral non-partisan check and balance on the popular branches of government,” Dershowitz said but added the government’s hamhanded approach could also be their undoing.

“They gave Rudy Giuliani lots of legal arguments to make, arguments, I think, he could prevail on,” he said.

Ultimately, the buck doesn’t stop with Rudy Giuliani.  While Giuliani’s case has the hallmarks of a media circus, with multiple media companies issuing retractions in their urgency to report on the case, the true alarm bells are for the privacy and civil rights of Americans generally.

“It’s not just Rudy, it’s everybody because if Rudy’s privacy is not protected if his client’s privacy is not protected, we’re all next,” Dershowitz told The Cats Roundtable.

History has proven that the erosion of civil rights, where truth becomes false, evil becomes good, is a process that occurs gradually.  Dershowitz believes that erosion is unfolding in America.  But he also believes Americans run counter to the partisanship and intolerance that are replacing the bedrock principles of the United States.

“We are a resilient people, we don’t like the government coming and intruding on us, we need to make sure we get back to where our legal system provides fair trials, we’re moving away from that,” he said. “Whatever side you’re on, democratic, conservative, liberal, whatever—you got to fight back. Because today they’re going after people that maybe you don’t like.  Tomorrow, they’ll be going after you and your friends.  The one lesson we’ve learned from history is you can’t have freedom of speech for me but not for thee, you can’t have due process for me but not for thee.”

Listen to the interview below

 

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