EXCERPT:
DERSHOWITZ: “In the indictment, they acknowledge that there are these freedoms, but then they claim that Donald — this is the key point — that Donald Trump actually believed that he lost the election, that everything he did was fraudulent, that he conspired with unnamed lawyers, mostly, to affect the election. You are allowed to challenge elections. Indeed, the best way to challenge elections is to come up with a slate of alternate electors. That’s what the court said in Hawaii in 1960, that’s been the case throughout our history. So, the government has the burden of proving without reasonable doubt that subjectively, Donald Trump actually believed that he lost the election and acted contrary to that belief. Now, I read the indictment very carefully. There is no smoking gun. There is no one who is credibly prepared to testify that Donald Trump said to him, 'I know personally I lost the election.' There's a lot of evidence that people told him he lost the election, but you know Donald Trump and you know that he will make up his own mind and they’ll have a very hard time proving it. Now, it's the District of Columbia, 90-some-ought percent of the jury pool will have voted against him, so they may actually get a conviction from a D.C. jury. But will it survive appellate review and review to the Supreme Court? I don’t think so."