Alan Dershowitz, a professor emeritus at Harvard Law School and one of this nation's foremost authorities on the U.S. Constitution, says former President Donald Trump would be wise to contest the House Jan. 6 committee's subpoena to testify before Congress.
"It's clear what [Trump] should do. He should take [the matter] to court and challenge the subpoena on 'executive privilege' grounds, or any other grounds," Dershowitz told Newsmax Friday evening, while appearing on "The Record with Greta Van Susteren."
Dershowitz added, "The way it should work: If Congress subpoenas you, and you refuse to speak, then Congress should go to court and demand the court enforce the subpoena."
Dershowitz opined that Steve Bannon and Peter Navarro, who both served in the Trump administration and were also brought on contempt-of-Congress charges, should have forced Congress' hand by taking their respective cases to the courts.
What constitutes "executive privilege" related to the Jan. 6 hearings, "it's not clear ... it's up in the air," laments Dershowitz.
"Until the court determines the rules" for the Jan. 6 hearings, "there should be no criminal prosecutions," says Dershowitz. "[Bannon and Navarro deserve] to know what's 'executive privilege'" in advance of being charged by Congress.
That comment then prompted Dershowitz — who's currently promoting his book, "The Price of Principle: Why Integrity Is Worth The Consequences" — to quip, "This is Alice in Wonderland: Criminal prosecutions first, then we'll decide what the law is. That does makes not sense."
Regarding Trump, Dershowitz says "he doesn't have to [invoke] the 5th [Amendment]. He can argue that it's a perjury trap" to speak with the Jan. 6 committee, presumably under oath.
"That's what the [committee] seems to be doing here," said Dershowitz. "Obviously, [Trump] should be challenging that subpoena in court, before making that decision whether to testify."
Dershowitz then said of the committee's actions, which are taking place a few weeks before the midterm elections: "I think there's a lot of theater here, and not a lot of real law being practiced."
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