Dershowitz to Newsmax: N.Y. Lawsuit Against Trump 'Not a Strong Case' Alan Dershowitz (Getty Images)
By Luca Cacciatore | Wednesday, 21 September 2022 08:40 PM EDT
Alan Dershowitz told Newsmax on Wednesday that New York Attorney General Letitia James' lawsuit against former President Donald Trump is "not a strong case" due to several factors.
The law expert outlined the problems with James' claim that Trump overvalued real estate assets during an interview on "The Record With Greta Van Susteren," specifically pointing to a lack of action by financial institutions.
"Why haven't the banks sued him?" Dershowitz asked. "They have just as good auditors, just as good ability to value something. Let's just take 40 Wall Street … he evaluated it twice as much for getting a loan as assessed. Now, can't the bank go and do their own assessment?
"As far as the taxes are concerned: That's the IRS [Internal Revenues Service] and state tax authorities. That's not Letitia James. But she should not be bringing this case, and if I were Trump's lawyer, … I would be making a motion to recuse and disqualify her."
Dershowitz also recommended that the former president's legal team should seek for the case to be turned over to a special prosecutor due to James' past comments calling for Trump to be locked up.
"And if I lost in front of the trial judge, that's an appealable, mandamusable motion that you can bring to a court of appeals," he noted. "This is not the way American justice should work: politicians running for office on the promise to get somebody, then getting that person."
The former Harvard law professor stated that defendants could not expect "neutral, objective discretion" from James after she "ran on a campaign to get Trump," adding that the case is currently civil but can become criminal.
"This is money: $250 million. Plus they can't ever be on boards or corporations or whatever. It would destroy the business. Look, if he deserves it, if he's guilty of this civil fraud, a legitimate investigation would want to prove that."
However, Dershowitz said, "I'm suspicious because the banks haven't sued him.
"I just don't see the attorney general's job as protecting big banks who failed to do due diligence."
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