Alan Dershowitz on Prosecutorial Discretion and Due Process

Prosecutorial Targeting and Equal Justice

• ⚖️ John Bolton and James Comey claim they are being unjustly targeted, raising questions about whether their prosecutions are based on legal issues or political animosity.
• 🎯 Dershowitz argues that even if individuals are guilty, prosecutions should not be based on selective targeting or political vendettas, citing historical examples like the "Show me the man and I'll find you the crime" mentality.
• 💡 The principle of equal justice under the law is paramount; individuals should not be prosecuted for actions that others have committed without consequence, such as mishandling classified material for books.
• 🏛️ Historically, presidents and administrations have targeted political enemies, but this practice is contrary to the American ideal of due process.

Due Process for Undocumented Immigrants

• 🛂 Dershowitz clarifies his stance on deporting undocumented immigrants: if there is probable cause for deportability and the individual is dangerous, initial deportation followed by a hearing is permissible.
• 🌍 The right to a hearing exists, but it does not necessarily preclude deportation first, especially when the individual can seek recourse from an embassy or designated location.
• ⚖️ He questions why undocumented immigrants should receive greater safeguards than citizens, who can be detained without immediate full due process hearings, emphasizing that due process is about timing.

Presidential Authority and the Federal Reserve

• 🏦 The unitary executive theory suggests the president can fire anyone in the executive branch, but the Federal Reserve's independent structure, established by Congress, complicates this.
• ⚙️ The Fed's rules regarding firing for "cause" were designed to prevent the president from having total control, making the president's authority to fire Fed governors a complex legal question.

Book Promotion and "Cancellation"

• 📚 Dershowitz promotes his new book, "The Preventive State," noting that due to his defense of Donald Trump, some bookstores refuse to carry it, and the New York Times has stopped reviewing his books.
• 🛒 He suggests that purchasing his book on Amazon is a way to counter this perceived "cancellation".