(USA Features) Charges of federal tax fraud against the Trump Organization and chief financial officer Allen Weisselberg filed by the Manhattan District Attorney’s office last week are going to be tossed out of court, Harvard Law professor emeritus Alan Dershowitz told Newsmax on Saturday.
“You can’t get a city district attorney indicting somebody for failing to pay federal income taxes when the IRS hasn’t even gone after him,” Dershowitz told “Saturday Report.”
“One of the charges, a major charge, is grand larceny against the United States government,” he continued.
“That shows the extent to which they are prepared to stretch existing law and the Constitution to give them authority over federal taxes? It’s absurd,” Dershowitz added.
Both Weisselberg and the Trump Organization pleaded not guilty Thursday to charges of theft and tax fraud in what is the first criminal case against the former president’s company after a years-long probe by the Manhattan DA and other New York authorities.
Charges that were read include grand larceny and scheme to defraud, according to reports.
The Harvard professor said that if Weisselberg’s name “was not what it is” and he wasn’t employed by the Trump Organization, “he would not be indicted.”
“He’d get a letter from the IRS saying, ‘you have some back taxes; please pay it with interest,'” Dershowitz told host Carl Higbie.
Former President Donald Trump was not named in the indictments, but Dershowitz suggested that he could be eventually if Weisselberg is somehow enticed to turn against the company.
“If he doesn’t turn, they will sentence him to prison, probably will not be a long prison term. Generally for crimes like this relating to a relatively small amount of taxes, there’s either no prison time or a small amount in prison time,” Dershowitz said.
Or, Weisselberg might turn, and then “the dominoes will fall,” he added, without suggesting what it is that Trump and his children who also run the company may be guilty of.
“That’s the goal, to try to get people like him to testify against the higher-ups,” Dershowitz said. “The ultimate goal here obviously, is Donald Trump and the question is will they get people to turn on him.”
“If a defense attorney ever paid a nickel to a witness, the defense attorney would be disbarred, but prosecutors are allowed to give life and liberty in exchange for testimony, which juries are expected to believe,” Dershowitz explained.
“It’s just not the way the system should work,” he added, describing the tactic as the “domino theory.”
“Rudy Giuliani, when he was the U.S. attorney in New York, he came to my class one day at Harvard,” Dershowitz said. “And he talked about the domino theory, you knock down the lowest domino and then he’ll knock down another domino. Ultimately, you’ll get to the top domino. It’s common.”