Alan Dershowitz: Biden special counsel should have shown medical proof why not to convict

A win-win for the president was seen as a “disaster on both respects” to a constitutional scholar who tore into Special Counsel Robert Hur’s report.

(Video: Fox Business)

While President Joe Biden appeared to have his cake and eat it too, Harvard Law professor emeritus Alan Dershowitz challenged to the role of Hur for going “beyond to scope” of his duties. Joining “Mornings with Maria” on Fox Business, the legal analyst also broke down the injustice done to former President Donald Trump after the report deemed the incumbent shouldn’t be tried for mishandling classified documents because of failing memory.

“The report itself is a disaster on both respects. It was unfair to both sides,” he told host Maria Bartiromo.

“First, they got the law wrong. The kind of cognitive skills you need to be able to commit this crime are minimal cognitive skills,” explained Dershowitz. “All Biden had to know is that he did possess classified material, and that he had no right to possess it. You don’t need a deep memory to do that. So he was just wrong about the law.”

“He was also wrong about how trials are conducted. How would the jury find out about Biden’s bad memory?” the scholar asked. “Biden would have to introduce it. As a trial lawyer, I would never have introduced that as a defense in this case. So Hur was wrong.

“Hur was also wrong in going so far as he went in trying to do a medical diagnosis of somebody who he hadn’t examined medically, or hadn’t been examined medically,” he continued.

“So, you know, I think this report is gonna really cause us to think hard about the role of special counsel. He was wrong in everything he possibly could have done,” argued Dershowitz. “He was wrong about not charging Biden. Biden should have been charged or Trump should have been — his case dismissed. And he was wrong in going into kind of medical diagnoses that will have a political impact on the case. A D-minus with grade inflation for Mr. Hur.”

For the time being, as Biden appeared to reap the benefit of being mentally unfit to be tried, loyal surrogates continued to spin him as “sharp,” including White House press secretary Karine Jean-Pierre.

“I have known this president since 2009, I, he is not just my boss, he’s also…a mentor to me,” she said during Monday’s White House press briefing while pushing back on suggestions he should be made to take a cognitive test.

“And I’ve spent sometimes countless hours with him, whether it’s in the Oval Office, whether it’s on the road and I believe for me, you’re asking my personal opinion, he is sharp, he is on top of things, he, when we have meetings with him, with his staff, he’s constantly pushing, us, getting — trying to get more information,” said Jean-Pierre. “So that has been my experience with this president.”

Showing how superficial that argument was, Dershowitz examined other positions that Hur could have taken that he considered equally absurd, “Well, but can you imagine if he had said, look, all the elements are there, but he’s a really good-looking guy and a charming guy, and I don’t think a jury is going to convict him he’s so charming. Or if he said, look he’s black and the jury in this district is going to be predominantly black, so we’re not gonna charge. That’s not what a special counsel is supposed to be doing.”

“He’s supposed to be laying out the elements of the crime and not making predictions about how the jury will assess the evidence,” leveled the legal analyst. “That’s up to the jury itself. So, yeah, he went way beyond the scope of what he should have been doing.”

Kevin Haggerty


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