American lawyer and former Harvard Law professor Alan Dershowitz joins Glenn Beck to discuss the implications of Trump’s third indictment.

“What exactly is Donald Trump being charged with in this latest indictment?” asks Glenn.

“The basic charge is that ... he believed that he had actually lost the election fair and square,” despite his insistence that it was stolen, “and he engaged in all these actions with a corrupt motive,” answers Dershowitz, referencing the January 6 attacks on the U.S. Capitol.

However, he doesn't “think the government’s going to be able to prove that.”

He also doesn’t think the election was stolen from Trump, but if Trump wants to believe that himself, “that doesn’t make a crime,” he tells Glenn.

Further, if they’re going to indict “the man running against the incumbent president who is now tied 44-44 in the New York Times poll, that indictment better be the strongest indictment in American history,” says Dershowitz.

“There should be a smoking gun, fingerprints, a videotaping, a confession,” he continues, “but this document is so flawed; it’s so filled with speculation.”

To make matters worse, the trial is being held in the District of Columbia, where the jury is openly hostile toward anyone and anything connected to Donald Trump.

To avoid bias, “this case should be tried in a purple state,” says Dershowitz, not “in the most Democratic district in the United States of America — the most anti-Trump district in the entire United States.”

And yet it gets even worse.

The judge set to hold the trial “has a very questionable background” and is well-known as “the January 6 hanging judge” for the disproportionately harsh punishments she’s issued to anyone involved in the January 6 attacks.

Regardless of where the trial is held, however, at its core, this case is an attack on freedom of speech.

Quoting Jonathan Turley, Glenn says, “this is the first criminal indictment of alleged misinformation.”’

“I think [Turley’s] right,” says Dershowitz, adding, “the first amendment protects so much speech that we despise,” and, “this indictment takes us down the road toward criminalizing free speech.”

The fact of the matter is, “under our First Amendment, we have extraordinarily broad rights to do the wrong thing, and now President Trump is being indicted for doing what this administration thinks was the wrong thing,” he says.

To listen to their full conversation, watch the clip below.

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