Alan Dershowitz to Newsmax: Jan. 6 Panel 'Skipped Crucial Step' on Bannon Subpoena (Newsmax/"American Agenda")
By Theodore Bunker | Wednesday, 20 July 2022 05:14 PM EDT
The House Jan. 6 select committee "skipped the crucial step" when it comes to issuing subpoenas, getting a judicial order, according to legal expert Alan Dershowitz on Newsmax.
Dershowitz was asked on Wednesday's "American Agenda" about the subpoenas being issued by the panel and whether subpoenas issued by Congress require a response.
Dershowitz said one argument is, when Congress issues a subpoena, the recipient cannot decide whether to respond or not, and "the other side is when you have a privilege, you just can't decide whether to respond. You can't respond."
"For example, if I got subpoenaed by the committee, and somebody asked me to testify as to what my then-client, [former President] Donald Trump said to me, I would not comply with that subpoena," Dershowitz told co-hosts Katrina Szish and Bob Sellers. "I might do it in a more polite way. I might go to the committee or write a letter. But I, in the end, would refuse, and I'd say, 'get a judge's order.'"
Steve Bannon is facing trial this week for contempt of Congress, and Dershowitz argues, while the anti-Trump Washington, D.C., jury pool will not rule in Bannon's favor, a conviction would be reversible on appeal.
"What's wrong with this whole case is they skipped the crucial step. Congress should have gone and gotten the judicial order. They should have gotten a ruling first. What they did instead was 'Alice in Wonderland' justice, indict first and then get the ruling afterward," he continued.
"And they got the ruling from the judge. The judge said he had to comply. That may well be reversible error on appeal, so this is just the beginning of, I suspect, the long road."
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