Dershowitz to Newsmax: Biden's Student Loan Plan Will Face Lawsuits

The framers of the Constitution would not have agreed with President Joe Biden's plans for up to $20,000 of student loan debt forgiveness, as they held the president had limited powers, and his executive order will likely face legal challenges, Harvard Law professor Alan Dershowitz said on Newsmax Saturday.

"They saw the president as having limited powers limited by Article 2 of the Constitution [saying that] legislation, particularly involving money should come from the House of Representatives and the Senate," Dershowitz, a Newsmax analyst, said on "America Right Now."

And even though presidents, both Republican and Democrat, have "extended and expanded the power" of the office, lawsuits can be expected from several angles concerning Biden's plan for student loans.

"There will be lawsuits by people who paid their loans back saying, 'Wait a minute. We were good guys. We've paid our loans back. Give us the equivalent of what you're giving the other people,'" said Dershowitz.

There will also be challenges concerning whether Biden had the power to take such actions, which reports have said will cost the United States more than $300 billion, without authorization from Congress, he added.

The cases could eventually be heard by the Supreme Court, said Dershowitz, but he does not believe that could happen on an emergency basis "because it involves money."

"There's no emergency here, but you might get a district court judge saying, 'Wait a minute. The government is going to give essentially $10,000 or $20,000 to people who haven't paid their loan,'" said Dershowitz.

In that case, if the government would lose, they'd have to give the equivalent amount of money to people who have paid their loans, either in tax breaks or in monetary payments, he said.

Dershowitz also on Saturday reiterated his argument that the heavily redacted affidavit in the warrant used to search former President Donald Trump's Mar-a-Lago home demonstrated probable cause for the warrant.

However, he said there is a "big difference" between that and whether there is enough evidence to indict Trump.

"The real question is the exercise of discretion," he said. "You do not go after a future presidential candidate unless something a lot more than what appears in the unredacted portions of the affidavit."

Dershowitz also said he was not surprised that the indictment was redacted in a way that did not allow Trump's side to be shown.

"The government overreacted in this case," he said. "It overclassifies in general in a democracy that presumption ought to be in favor of full disclosure, but certainly select disclosure based on partisan considerations is unacceptable."

Trump's legal team also could be a "little bit more aggressive" when seeking more public exposure of the affidavit, but it did not join the media's lawsuit leading to the release of the affidavit, said Dershowitz.

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