Constitutional law expert Alan Dershowitz told Newsmax that federal prosecutors have a “strong case” against Rep. LaMonica McIver, D-N.J., who was charged with assaulting, resisting, and impeding law enforcement officers during a confrontation May 9 outside an immigration detention center in Newark, New Jersey.
But Dershowitz, appearing Tuesday on Newsline, said a jury of McIver’s peers likely would not convict her.
“Legally and factually, it’s a strong case,” he said, “but she’s going to be tried in Newark, New Jersey. And in Newark, New Jersey, the likelihood of convicting her is very, very low. … You’re going to get jurors, most of whom are going to be of her political party, of her racial background, of her geographic area background.”
Dershowitz also addressed the controversy surrounding the use of an autopen on behalf of former President Joe Biden, saying that the details are critical. Questions continue as to whether all documents believed to be signed by Biden were personally signed by him, or whether someone used an autopen to place his signature.
“I don’t think there would be a problem with pardons or commutations because there’s no requirement that pardons or commutations be done in writing,” Dershowitz said. “A president can simply snap his finger and say, ‘I hereby pardon you, hereby commute you.'”
In the situation where an actual signature is required, said Dershowitz, that’s where things get sticky.
“If somebody else, a staff member, has access to the autopen and the constitutional law requires actual signature of the president, then there is a real problem,” he said.
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