Appearing on NewmaxTV, legal icon Alan Dershowitz said the FBI raid on Rudy Giuliani violated the “spirit and the letter of the Constitution” because it allowed prosecutors to read privileged information without their permission.
“This was just a misuse of the search and seizure power,” he said. “Initially it was turned down; now it was approved, both by a judge and by the attorney general of the United States, so it wasn’t lawless action, but I believe that they acted inconsistently with both the spirit and the letter of the Constitution and that there should be remedies for it.
“It just shouldn’t be done this way,” Dershowitz continued. “It should be done through subpoena, and that is the constitutional route to getting evidence.”
“To conduct a search warrant is to imply that Rudy Giuliani and the other lawyers who are subject to the search warrant would destroy evidence,” he added. “Now, Giuliani knew they were after the cell phones and the computers for months and months and months, and he didn’t destroy anything, so what’s the basis for the search warrant rather than the subpoena?”
“The 4th Amendment demands a subpoena in these situations, not a search warrant. What they did in this case was unconstitutional,” Dershowitz concluded.
"The idea of a search warrant for a violation of a registration makes no sense…this was just a misuse of the search and seizure power."@AlanDersh reacts to the raid of Rudy Giuliani's apartment. @CarlHigbie https://t.co/VlT7z8v2lm pic.twitter.com/vwh2B0F7qX
— Newsmax (@newsmax) May 1, 2021