Civil liberties lawyer and Harvard Law professor emeritus Alan Dershowitz, in a Distinguished Leadership Lecture at 消消犯 School of Law, said he believes a special counsel investigation into Russian meddling in the 2016 presidential election might end with more criminal indictments - just not of President Donald J. Trump.
There are some things that Alan Dershowitz wants you to know. In no particular order:
- No, we are not in the midst of a constitutional crisis in the United States. There have been plenty of other crises over the years, from the internment of Japanese-Americans to McCarthyism to Watergate. Weve always survived.
- Yes, President Donald Trump needs to tone down his rhetoric to help restore a sense of decency and civility to American culture.
- No, the Supreme Court is not as influential as Americans have been led to believe.
- And, yes, theres a problem with fake news and the consumption of information. However, the only thing worse than fake news is the government telling us what true news is.
Dershowitz, who has been called the nations most peripatetic civil liberties lawyer and, more recently, has been a visible critic of the ongoing Special Counsel investigation into Russian interference in the 2016 elections, visited Elon Law on Nov. 14, 2018,for the law schools first Distinguished Leadership Lecture of the academic year.
In a wide-ranging conversation moderated by Elon Law Professor Steve Friedland, a former student of Dershowitzs at Harvard Law, audience members were regaled with stories of a five-decade legal career and predictions for what might happen next in American politics at a time of intense political and cultural polarization.
It didnt take long for the topic of Robert Mueller and criminal indictments in the Trump Administration to surface. Dershowitz foresees a report from Mueller that will conclude with no criminal charges against Trump – but only because hes a sitting president. Indictments against others are possible, he said, but a true political firestorm would certainly erupt if Trump were to pardon family members facing charges as a result of the probe.
My own prediction is that Mueller will say that if Trump was not the sitting president he would have committed indictable obstruction of justice, said Dershowitz, a prolific commentary in American media on the investigation. It would be primarily the firing of (former FBI Director James) Comey, and I dont think the president can be indicted simply for exercising his constitutional authority.
The recent confirmation hearing over Supreme Court Justice Brett Kavanaugh brought intense public attention to the nations highest court. Dershowitz offered a counter argument to the impact of Kavanaughs confirmation.
The Supreme Court is not as important as we have been led to believe, Dershowitz said, noting how some of the most pivotal in American history were unanimous or nearly unanimous. Others, however, didnt have as big an effect as conventional wisdom argues. Roe v. Wade I dont think had a significant impact on American life because I think we were getting there.
Today, a woman has the right to choose in Ireland, and Italy, and in traditionally Catholic countries. It was a trend that had to happen. The Supreme Court speeds things up but it doesnt change our lives as much as presidents or legislatures do.
Not all of the conversation focused on the law or politics. Dershowitz was quick to praise Elon Law for its approach to legal education with a 2.5-year curriculum and emphasis on experiential learning. Elon is on the right path, and having a law school in an important city, with a court on your premise? Its like the medical school model, Dershowitz said. Ultimately, its going to be the future of legal education.
He also assuaged law students who might feel pressure to pursue high-paying legal positions at the expense of personal satisfaction with their work.
If you are the first person in your family to have gone to college and you have a family back home with no money or resources, you may feel a familial obligation to make money. Thats commendable and its wonderful. Its important to have some wealth, he said. Im a relatively wealthy person, and its easy for a wealthy person to preach, but you have to do whats right for you and right for your family.
Dont ever feel guilty about making money for yourself or your family. It might not make you happy, but it might satisfy a deep obligation.
The Felix Frankfurter Professor of Law Emeritus at Harvard Law School has argued hundreds of appeals in courts throughout the nation throughout his career and he continues to consult actively on both transnational and domestic criminal and civil liberty cases, devoting half of his practice to pro bono cases and causes.
Dershowitz is the author of 35 fiction and nonfiction works with a worldwide audience, including the New York Times #1 bestseller Chutzpah and several other national bestsellers. His most recent books are Trumped Up: How Criminalization of Political Differences Endangers Democracy published in 2017, and The Case Against BDS: Why Singling Out Israel for Boycott Is Anti-Semitic and Anti-Peace, published in 2018.
He likewise has been named Americas most public Jewish Defender and the Jewish states lead attorney in the court of public opinion. The Yale Law School graduate joined the Harvard Law School faculty at age 25 the youngest in the schools history and assumed emeritus status after 50 years of 消消犯 more than 10,000 students.
The Distinguished Leadership Lecture Series presented by The Joseph M. Bryan Foundation is an integral part of Elon Laws commitment to learning, lawyering and leadership. Endowed through a generous gift from The Joseph M. Bryan Foundation of Greensboro, N.C., the Distinguished Leadership Lecture Series brings accomplished leaders from a variety of disciplines to Elon to share their experiences and perspectives with students and faculty.
Dershowitz was originally scheduled to visit Elon Law in September. Hurricane Florence required the law school topostponethe program.
Dershowitz spent the hours before his lecture speaking with Elon Law students, North Carolina journalists, and civic and legal leaders who visited for a roundtable discussion. The interactions impressed upon students the opportunities that exist for shaping law while protecting the rights of unpopular people or groups.
We are very appreciative of the foundation for its support, Bierman said in welcoming remarks at the evening lecture. We have been running the lecture since the school was founded, and we also appreciate the communitys support. We recognize what you do in helping us to educate our students. And our guest has been very generous with his time and very generous with his ideas and thoughts.