Alan Dershowitz Rises to the Defense of Dinesh D'Souza
Not much attention has been paid in the mainstream press to the arrest and indictment of Dinesh D'Souza for supposedly breaking the campaign finance laws by reimbursing those whose money he collected in his role as a bundler for Wendy Long's run for the Senate in New York in 2012.
But then the same mainstream press has been notably reluctant to look into the charges that the IRS persecuted Tea-Party groups and that Erich Holder's Department of Justice whitewashed the affair.
This administration's partisan use of prosecutorial discretion to harass conservatives and Republicans more generally is one of the great scandals of our time. But, to be fair to the Obama administration, so is the partisan bias of the mainstream press.
This makes it noteworthy that Alan Dershowitz, who is most emphatically not a conservative Republican, has weighed in on the question of Dinesh's indictment, saying, "This is clearly a case of selective prosecution for one of the most common things done during elections, which is to get people to raise money for you. If they went after everyone who did this, there would be no room in jails for murderers." Here is what Newsmax reports:
The Justice Department's tactics remind Dershowitz of the words of Stalin's secret police chief, Lavrentiy Beria, who said, "Show me the man and I’ll find you the crime."
"This is an outrageous prosecution and is certainly a misuse of resources," charged Dershowitz. "It raises the question of why he is being selected for prosecution among the many, many people who commit similar crimes.
"This sounds to me like it is coming from higher places. It is hard for me to believe this did not come out of Washington or at least get the approval of those in Washington."
Here is what Joseph diGenova, former US attorney and a partner at diGenova and Toensing, has to say: "What strikes me as unusual is that it involves a single donation made by an individual with no criminal record. It seems to me that a misdemeanor makes much more sense than a felony charge."
I must say that I admire Dershowitz. He was similarly forthright about the George Zimmerman case, and, boy, was he right in the charges he lodged against the prosecutor.
My guess is that the whole thing will play out to the long-term advantage of Dinesh. He is obviously being targeted because his anti-Obama film "2016: Obama's America" was so successful. Unwittingly the Department of Justice is giving him free publicity for his new film "America," which will be released on the 4th of July. Here is a trailer:
Were I in Dinesh's boots, I would be tempted to exploit this bit of partisan malice to go after the prosecutor and challenge the constitutionality of the McCain-Feingold restrictions on campaign donations. It takes real sophistry -- of the sort that modern lawyers specialize in -- to argue that these restrictions are consistent with the freedoms guaranteed by the First Amendment. The abuse of prosecutorial discretion in this case is so obvious and blatant that it almost demands judicial intervention. Ours is meant to be a regime especially sensitive to the rights of those who disagree. How can a law affecting elections, which is so open to abuse by those who happen to be in power, not be unconstitutional?