“This was just a misuse of the search and seizure power. Initially, it was turned down; now it was approved, both by a judge and by the attorney general of the United States, so it wasn’t lawless action, but I believe that they acted inconsistently with both the spirit and the letter of the Constitution and that there should be remedies for it,” Dershowitz announced on a Newsmax interview on Saturday.
“It should be done through subpoena, and that is the constitutional route to getting evidence,” he continued.
A search warrant being executed points to officials assuming the subject would destroy evidence if the search was not carried out. Yet the lawyer knew that he was being examined for months, so there’s no basis for a search unless a subpoena was received, Dershowitz claimed.
“The 4th Amendment demands a subpoena in these situations, not a search warrant. What they did in this case was unconstitutional,” he said.
Agents obtaining data that is covered by attorney-client privilege would taint prosecutors who may attempt to prosecute Giuliani, Dershowitz went on, explaining that he has advised Giuliani’s lawyers on a pro-bono basis to move to get the material back, have the government subjected to subpoena analysis, and make anybody who goes over the material to be from outside the prosecutor’s office, such as a judge.
The FBI did not immediately respond to a request for comment.
Federal agents searched Giuliani’s home because of charges he failed to register with the Department of Justice, which involves the FBI, according to the former New York City mayor. He disputed the accusation, stating he never represented a Ukrainian national or any foreign national.
Dershowitz regards the accusation as a way for investigators to proceed and try to obtain damaging information against Trump.
“I don’t think they have anything on this registration because, really, Giuliani was representing an American; he was representing the president. He was doing investigations in the Ukraine to see if it can help his president,” he announced on Newsmax.
The White House has said it is not involved in the situation. The Department of Justice “is independent now” and “they’re going to make their own decisions,” White House press secretary Jen Psaki said.
Trump lamented the raid on Fox Business, calling it “very unfair.”
Veteran journalist Lee Smith followed Dershowitz in his stance and explained, “Justice Department officials sanctioned the Mueller probe as a continuation, and coverup, of the illegal espionage operation targeting Trump and his associates that the FBI called Crossfire Hurricane. The investigation of Giuliani is yet a further extension of Crossfire Hurricane, even employing the same instrument it used to go after Trump aides—FARA.”