Alan Dershowitz: President Trump's Counsel Should Focus on Jurisdiction Question and First Amendment Rights

Harvard Law School Professor Emeritus Alan Dershowitz tells Washington Journal that he believes senators should consider the jurisdiction question when the time comes to cast their vote for conviction or acquittal of former President Donald Trump--even though they voted 56-44 to proceed with the trial, arguing that the Senate only has jurisdiction over "the president" and that Mr. Trump is no longer in office. He also says that the defense lawyers should then focus on the former president's First Amendment rights regarding his speech at the January 6 rally, but avoid the claim that the election was stolen, saying that Mr. Trump was wrong to say it was stolen. "I don't defend Trump's speech at all. I think it was an appalling speech. I defend his right to make an appalling speech under the First Amendment. But they should not try to defend Trump on the merits of his speech, only on the First Amendment," he says. close