Legal eagle Alan Dershowitz just delivered a massive blow to the liberal hysteria surrounding President Trump’s latest border security measures. The renowned constitutional scholar explained why Trump’s invocation of state secrets privilege has solid historical precedents despite Democrat outcry.
At a glance:
• Alan Dershowitz appeared on Newsmax to discuss Trump’s invocation of the state secrets privilege regarding deportation flights
• Attorney General Pam Bondi and Justice Department officials argue the privilege is necessary to prevent judicial access to deportation flight details
• Dershowitz explained that invoking state secrets privilege typically means related criminal prosecutions would be dismissed
• The renowned legal scholar noted this is part of a pattern of “envelope pushing” by presidents throughout history
• President Trump previously invoked the Alien Enemies Act of 1798 against the Venezuelan Tren de Aragua gang members
Dershowitz Defends Trump’s Legal Strategy
Harvard Law professor emeritus Alan Dershowitz is pushing back against liberal claims that President Trump’s administration is creating a constitutional crisis with its border security measures. The renowned legal scholar appeared on Newsmax to provide historical context for the current legal battles surrounding deportation flights of dangerous Tren de Aragua gang members.
Attorney General Pam Bondi and senior Justice Department officials have invoked the state secrets privilege to shield details about deportation operations from judicial scrutiny. This legal maneuver is designed to protect sensitive information about national security operations while the administration continues its aggressive stance against illegal immigration as President Trump promised to do.
No Constitutional Crisis Despite Liberal Outcry
Dershowitz explained that invoking the state secrets privilege is a well-established legal strategy with significant precedents and that the liberal outcry is unwarranted. “That’s something that the executive branch can invoke. But generally all that means is if they do that, any criminal prosecution that they try to bring will be dismissed,” Dershowitz stated.
The legal scholar dismissed hysterical claims from the left about a constitutional crisis. He noted that the system is functioning as designed, with courts evaluating the administration’s claims and deciding whether they meet legal standards.
“If they do that, the court can draw inferences then and say, look, they haven’t let me see the document. So I’m going to assume that the documents will not support their point of view. Again, something that’s litigated all the time. It’s not a crisis,” Dershowitz explained.
Historical Precedents Support Trump’s Approach
Mr. Dershowitz placed Trump’s actions within the broader context of presidential leadership throughout American history. He identified numerous examples of past Presidents who similarly pushed legal boundaries to address national emergencies and protect American interests.
“Our system is designed to respond to envelope pushing. Franklin Delano Roosevelt pushed the envelope. Abraham Lincoln pushed the envelope. Thomas Jefferson pushed the envelope. I guess Andrew Jackson probably more than any other President, where he said you’ve written the decision now, enforce that,” Dershowitz said.
President Trump invoked the Alien Enemies Act of 1798 against the Venezuelan Tren de Aragua gang, designating its members as “Alien Enemies” subject to arrest and deportation. The action aligns with his broader border security initiative, which includes executive orders declaring Mexican drug cartels as foreign terrorist organizations and establishing a national emergency at the southern border.
