Famed attorney Alan Dershowitz tells Glenn that he would be “very upset” if he was one of the people Biden pardoned in his last few days in office. Members of Biden’s family, Dr. Fauci, Gen. Mark Milley, and January 6th Committee members all received preemptive pardons, allegedly to stop Trump from taking revenge on them. But Dershowitz argues that now, they look guilty and have lost their right to plead the 5th. So, if they’re subpoenaed before Congress, they MUST admit the truth. Dershowitz also reveals why Trump’s promise to end DEI was his favorite announcement of Day One. Plus, he explains why he’s “much more optimistic” about America than before and why he will “never” call Trump a convicted felon.
Transcript
Below is a rush transcript that may contain errors
GLENN: I don't know about you, but I have a real problem with somebody giving people who work in government blanket pardons for anything that they might have done wrong.
It just doesn't seem like American justice. And it doesn't seem like a system where you can hold people accountable for what they've done. It just seemed like that is ripe for corruption, in every way possible. What does it all mean?
Well, Alan Dershowitz is here with us now, to talk to us about the future of pardons. Or the pardons that Joe Biden made. And said he wouldn't just a few years ago. Alan Dershowitz. Harvard law school. Professor emeritus. Host of the Dershow. And the author of get Trump. Welcome, Adam.
ALAN: Thanks for having me. Appreciate it.
GLENN: You bet. So can you -- I mean, everything that these guys have done, when they try to force their hand. It seems to backfire on them.
I'm hoping this is the case. But, I mean, it just screams trouble, for the future.
ALAN: Look, if I were one of the people that Biden pardoned, I would be very upset.
First of all, it makes it sound like, he did something wrong. Even if they didn't. And second, you know, it denies them their fifth amendment right. So they can go in front of Congress. Investigated completely, as to all of their actions.
So I don't think Biden did them any favors. And he also set a dangerous precedent.
Look, when Ford pardoned Nixon. That was the national interest. Because Nixon was under investigation.
This was a special prosecutor, still operating.
But these folks, the relatives. They weren't under any investigation. And really, weren't under any cloud.
And I just don't understand, why Biden did that, after violating his own promise to the American public. When he said, he wouldn't pardon his own -- all right. I understand your son has been convicted. He's about to be sent to jail. He's a young man, who has had all kinds of troubles with drugs and other things. I understand the father doing that. What I don't understand is on the way out, literally, literally as he's sitting on the platform in Washington, he issues these last-minute pardons to virtually everybody in his family, and the surrounding people. It just -- it establishes a precedent for President Trump. And probably establishes a precedent, because he now has flexibility in the pardons he can issue.
Look, the most important thing -- many of the important things that President Trump said at his inauguration. One of that is that he wants to put an end to lawfare.
And if we put an end to lawfare, which is one of the worst things that has ever happened to this country, you know, I coined that term back in the 1960s in a very negative way.
And it's used in a very negative way.
But if we can end lawfare, then we may see an end to these promiscuous use of pardons as well. Because I think the pardons are seen as an antidote to lawfare. And I'm hoping, we can get back to a situation, which the Framers intended, where people prosecuted not for what party they belonged to.
But for what they've actually done. If we can see a return to that. Maybe we can see a return to the more normal use of pardons as well.
GLENN: Well, I don't think that Fauci is in danger of being prosecuted for what party he belonged to.
I mean, you know, he got along with Donald Trump famously. But if we can't -- if we can't prosecute people, and this becomes a habit of every president. Just blanket pardoning people that were involved in anything.
Then we have a real issue here.
There's nobody that can ever be held accountable.
Who will be held accountable for what happened with COVID?
ALAN: No wonder our system of federalism. You can be held accountable by the space.
As you know, Trump was prosecuted by New York, and that invalid, unconstitutional conviction still stands.
Now, you and I disagree with Dr. Fauci. Now, we may agree that COVID wasn't handled properly.
But, you know, I'm pretty experienced as a criminal lawyer. I can't find any criminal conduct, in what Fauci did.
What he thought was --
GLENN: So I don't think, Alan. I don't think that we disagree.
I just want an investigation done. And if there was something that was criminal, we must -- I don't care who it is.
We must make sure that it doesn't happen again.
All I want is the truth. I'm not after anybody.
And -- go ahead.
ALAN: The investigation is made easier now with the pardons. Because now Fauci can claim the Fifth Amendment.
He has to go in front of congressional committees, and they are controlled by Republicans now. And he can be asked a disclosure of all of his records. He can't destroy records. They're not his records.
They're the records of, you know, government health agencies. And we can have a full and complete and total noncriminal investigation of Fauci and everybody else. And that's what our system is all about.
And I would like to see investigations.
For example, I think one of the best things that President Trump said in his inauguration yesterday.
Was he was putting a final end to DEI.
Diversity, equity, and inclusion.
Which is the single worst thing that has happened to our system of equality and universities in the United States. As you know, DEI stands for diversity, equity, and inclusion.
What it really means is lack of any diversity, except based on skin color. Lack of equality and the substitution of group equity, and exclusion of Asians, Jews, and other less popular minorities.
So, you know, I love to see -- and I would love to see Congress investigate universities that still have DEA programs that end up being hotbeds of anti-Semitism, anti-Americanism, anti-Catholicism. You name it. Anti-religion.
It's the worst thing that's happened to universities. It's turning their universities into second and third class institutions, that can't compete in the world today.
GLENN: I really don't like this idea, that we have presidents come in, and dictate through president -- presidential Fiats and executive orders.
We can't -- you just can't run a country that way. You know, flipping one direction, and then entirely the other direction.
Things have got to go through Congress. However, in this particular time period, how else are you going to do it?
How concerned are you, about the -- about the precedent that we're now sealing, from the last two presidents and executive orders?
ALAN: Well, it starts with Thomas Jefferson. Of course, he runs for president in the 1800s. Saying the presidents have too much power. I want to restore Congress.
And the power of Congress, one of the first things he does is buys Louisiana.
It doesn't give Congress any influence. Through executive order.
One of the best things that ever happen to America. You know, Alaska was purchased by presidential order.
So, you know, they're good, and they're bad.
And the one thing about presidential orders as we saw yesterday, is they can be rescinded the moment the new president comes in. The first thing the president -- the first act was to rescind 70 some odd presidential executive orders. So, you know, they're only temporary.
The Constitution doesn't mention executive orders.
It just gives power to the president. And allows him to have that power.
So I would love to see more going to Congress. Look, I think Congress is supposed to declare war.
And yet, we've had so many wars since the last time we declared war. That, you know, presidents have assumed far more power, than the Framers of our Constitution, ever intended.
GLENN: Correct.
ALAN: Remember, Article I is the Congress. Article II is the President. Congress is supposed to be the govern body of America, with the president administering the laws, not making the laws.
GLENN: Correct. Correct.
But people of the administrative state -- I mean, I know we're in an argument now of, you can't fire them.
All of these protections. But if they don't work for the executive. And the executive branch. Who do they work for?
ALAN: Oh, they're supposed to work for the people of the United States.
And it's so complicated. Take, for example, the Justice Department. We have a new attorney general. She's wonderful. I work with her. She's a great lawyer.
She's a great person. But she has an impossible job. She's supposed to be the president's loyal adviser of legal issues. Part of his cabinet, designed to make him look good.
That's part of her job. The other part of her job is to be the chief prosecutor.
For that, she can't be political at all. She has to be completely objective. In most western democracies, those two jobs are divided. We have the director of public prosecution, who decides who to prosecute.
And the attorney general, the minister of justice, who decides policy. But in this country, we have the two -- to merge. And it creates an impossible job. And I think Bondi is capable of doing it. Garland was not. He couldn't strike the appropriate balance, between politics and law. And so these are very, very hard questions. You remember the Bible instructs judges and prosecutors. He refers to (foreign language). Do not recognize faces. Do not do justice based on who the person is. Only do justice based on what they've done. And we have to return to that. It's Biblical. It's Constitutional. And it's the right thing.
GLENN: Correct.
What was your response yesterday when the way everything came off, how do you -- are you more optimistic about our country? Or less?
ALAN: I'm much more optimistic about our country. I spoke to President Trump twice, between the time of the election -- three times, actually.
Between the time of the election, and the time he assumed the presidency.
And we had good discussions about Israel, about the Middle East, about anti-Semitism.
But also about lawfare and the rule of law.
And I think he was a very different person, in these kinds of, one on one conversations. Or one on two conversations. Than he is, you know, when he was on television. And in front of large crowds.
I'm hopeful, that they'll really take advantage of the fact. You know, he's the luckiest guy in the world. That he didn't win the last election in 2000 -- if he had that election turned around.
And they had traditionally ruled that he was the president.
He would have had four miserable years. In which half the country wouldn't have accepted him.
And now we would -- as of now, he is the most -- the president with a mandate. With a popular vote.
The best thing that ever happened to him. And I told him that. Most recently, I said, basically, get over it!
You're so lucky. That you're now the president. You have a full second term ahead of you.
And he smiled. And I think he'll do a good job.
GLENN: Yeah. I have to tell you. I told him similar, but I said, you know, it wasn't necessarily about him. Look how grateful we should be.
Because look at -- if we would have had him in 2020. So much wouldn't have been exposed, that has been exposed over the last four years.
And he would have been doing the same thing. That he was doing in the first four years.
This gave him a chance to step away from it. Reassess. Watch what's going on. People wake up. And now he has a chance of really making an impact.
ALAN: Yeah. I'm calling him now President President Trump because, you know, he's been president twice.
He would like to call himself President President President Trump. But you can't be president three times. So just President President Trump.
And I will never call him a convicted felon, ever. He was not convicted of a constitutionally permissible crime. He is totally innocent. And people should understand that. The New York case is unconstitutional. Nobody can even describe what he was convicted of.
So I'm never going to call him a convicted felon, any more than I would call a civil rights worker who went down south with me, in 1960s and was convicted of a felony for spitting on the sidewalk a convicted felon.
We have to look at what the surrounding circumstances. So President Trump is our president. Whether you voted for him or against him.
Everybody should be praying and hoping for four freight years for America.
GLENN: Alan, thank you so much. Appreciate it.
ALAN: Always my pleasure. Great talking to you. You too.
GLENN: Thanks. You bet.