Harold Hutchison, DCNF

Harvard professor and lawyer Alan Dershowitz, who is representing MyPillow founder Mike Lindell, explained to Fox News host Tucker Carlson why the actions of the FBI regarding his client were “scary.”

“First of all, if they had done it to a Democrat, we would have every liberal Democrat, the ACLU, complaining bitterly. First, they tracked him down. How would they know he was going to a Hardees’? Obviously, they had to have some GPS or some tracking mechanism. We want to know whether they had a warrant for doing that,” Dershowitz said.

Lindell had his phone seized at a Hardee’s drive-thru by FBI agents earlier this month, ostensibly to investigate whether Lindell broke any federal statutes related to an alleged breach of election equipment in Colorado. Lindell later sued the Department of Justice for the return of his phone.

“Then if they had a warrant, they stopped him, they should have just asked him for the phone, subpoena the phone,” Dershowitz continued. “hey had a subpoena at the same time, but it didn’t include his phone. See, if they had a subpoena, then it could have been challenged, but if they take the phone, then they get everything. They get lawyer-client privilege material. They get business material. They get First Amendment protected material. They know who’s working along with Mike Lindell to try to do whatever he’s doing, which I disagree with about undoing the election.”

WATCH:

“I’m not representing Lindell because I agree with him at all. I’m representing Lindell in the same way that I would represent a liberal Democrat. For that, I’m being highly criticized by people on the left. They say Trump is different. You can’t apply the Constitution to him,” Dershowitz continued. “They said that when they detained 110,000 Japanese Americans. This is different. This is said during McCarthyism. This is different. They said it during the Vietnam war. This is different. Now they’re saying it with Trump. It’s not different. If you deny constitutional rights to anyone. The precedent lies around like a loaded gun, waiting to be picked up by an autocrat, waiting to used on you and your family.”

The FBI and Justice Department did not immediately respond to requests for comment from the Daily Caller News Foundation.

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