On Sunday, Harvard Law Professor Alan Dershowitz appeared on Newsmax and warned that former Trump adviser Peter Navarro’s arrest could seriously impact American democracy.
He explained that Navarro’s indictment was a “real scandal” considering there was never a judicial order given for Navarro to testify that resolved his claim of executive privilege.
If the indictment stands, Republicans can turn around and use the same procedure against their Democrat counterparts if Congress flips back red during midterm elections.
“He has invoked a privilege,” Dershowitz said. “It’s as if somebody was called to testify about what he told his priest or his doctor or his lawyer, and he invokes the privilege and immediately gets indicted, instead of the government going before a court and the judge rules whether or not the privilege applies. If you rule the privilege doesn’t apply and order him to testify, then he can be held in contempt.”
“But you cannot constitutionally be held in contempt of Congress without a judicial order,” he added. “And if the shoe was on the other foot, and it will be on the other foot if the Republicans gained control of Congress or the Senate, they will use this precedent and go after Biden administration officials and indict them if they refused to disclose information. This is dangerous to democracy, dangerous through the rule of law, and dangerous to the concept of privilege, whether it be a priest privilege or a doctor, privileged lawyer privilege or executive privilege — an extremely dangerous case. And I’m shocked that the Justice Department brought it without there being a judicial determination that he was compelled to testify.”
Democrats love to break rules but they don't think about how it will inherently come back and bite them in the butt.
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