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Alan Dershowitz Tag

Esteemed Harvard law professor and author Alan Dershowitz addressed the controversy unfolding on college campuses like Yale and Mizzou in an appearance on the Kelly File Thursday night and called it what it is. Zachary Leshin of CNS News provides a partial transcript:
Dershowitz: ‘The Fog of Fascism Is Descending Quickly Over Many American Universities’ “These are the same people who claim they are seeking diversity. The last thing many of these students want is real diversity, diversity of ideas. They may want superficial diversity, diversity of gender, diversity of color, but they don’t want diversity of ideas.” “We are seeing a curtain of McCarthyism descend over many college campuses,” said Dershowitz. “I don't want to make analogies to the 1930s, but we have to remember it was the college students who first started burning books during the Nazi regime. And these students are book burners. They don’t want to hear diverse views on college campuses.”

Harvard Professor Emeritus, Alan Dershowitz, joined Fox News' Megyn Kelly last night to discuss charges filed against Baltimore law enforcement officers in the Freddie Gray case. Kelly addressed speculation about bias in prosecutor Marilyn Mosby's public statements and then gave the floor to Dershowitz. "If you're the prosecutor, you have to be concerned about doing justice for everybody -- not just for the victim, not just for the family of the victim, not just for the youth of Baltimore, but also for the accused, for the policemen who have been accused and may have been scapegoated," Dershowitz explained. Recognizing Mosby's intent was likely to "quell the riots," something she did with relative success, Derschowitz said, "but you can't sacrifice individual defendants to the need to stop riots. Imagine jurors who are going to sit now in Baltimore and say, if we acquit these defendants, our houses might get burned down, our stores will be attacked, our children won't be safe."

Alan Dershowitz, along with others including Prince Andrew of Britain, were accused in a court filing involving convicted sex offender Jeffrey Epstein of participating in forced sex with a 17-year old. The court filing was not criminal, and was not even under oath. It merely was a motion suing prosecutors for agreeing to a light sentence for Epstein, without any evidence accompanying the allegations. I'll let you in on a not-so-secret lawyer secret: When you want to smear someone without having to back it up, just put it in a court pleading. Statements made in court pleadings are absolutely privileged, meaning you can't be sued for them. If you make the statements out of court, for example in a press release, then you can be sued. If you make the statements under oath, you could be subject to criminal prosecution. But keep it in the court pleadings, and you likely are home free. Step two in the tactic is to make sure the media picks up on the court pleading, so that the smear gets out into the public domain while your hands are clean. In high profile or celebrity cases, local media typically will be alerted to new filings either from routine checks or a tip off from the clerk. If all else fails, the tactic may require a nod and a wink to local reporters by the lawyer. It is the perfect smear tactic, which leaves the target short on options. The target is not a party in the case, and has no right to clear his or her name in the court case. All that is left is public denials that the accusations are false, but that also helps to spread the accusations.
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