Special Counsel Jack Smith could be grasping at straws and getting desperate to convict former President Donald Trump, according to a noted legal mind.

That is the opinion of scholar and Harvard law professor emeritus Alan Dershowitz who said that he will not get the former president convicted.

He said that Smith is going to have an “uphill battle” with his new Washington DC indictment because it will be tough to prove that Trump believed he was defeated by Joe Biden in 2020.

“The indictment charges that Donald Trump knew, knew, and believed that he had actually lost the election. How’s the government gonna prove that?” he said. “He never said that to anybody. He never wrote that anywhere. Did he ever think it? I don’t know. Did he say it on a phone call that was illegally overheard? I doubt it.”

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“I have spoken to President Trump about this. I think he’s wrong. I think he lost the election, fair and square. Now I’m not talking about the influence of Russia and all kinds of things external, but in terms of the counting of votes, that’s just what I’m talking about now. I think he lost Georgia, I think he lost Arizona and I think he lost enough states so that Joe Biden was officially and correctly elected president of the United States,” the legal scholar said.

“It’s not a crime to disbelieve that, in fact, the indictment says that it’s not a crime to speak about that and to oppose it, but if he believed it, if he honestly believed it, if he talked himself into it, even if he was wrong, if he believed it if he thought he had won the election, then everything he’s accused of doing is protected by the First Amendment, Article Two of the Constitution and the Twelfth Amendment,” he said.

He said that if the former president really believed that he had not been defeated his case would be comparable to other famous people who have challenged election results, like former Vice President Al Gore in 2000.

“I think it’s an uphill fight for the prosecution to win this case. Now they will win it, it’s not uphill in the District of Columbia. They could have indicted him, for you know, eating a salami sandwich and a jury in the District of Columbia will convict,” he said. “We’ll wait and see what the instructions are, whether the instructions require the jury to find beyond a reasonable doubt based on evidence not based on surmise but based on hard evidence that Donald Trump actually knew and believed that he had lost the election and he just was lying.”

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The former president attacked Smith and the indictment on his TruthSocial account.

“No Presidential Candidate, or Candidate for any Office, has ever had to put up with all of this Lawfare and Weaponization directly out of the Office of a Political Opponent. They’ve Weaponized local D.A.s and Attorney Generals, and anybody else that will listen, to Interfere with the upcoming 2024 Presidential Election – Never been done before. This is now Kamala’s Weaponized System against her Political Opponent. All of these Scams will fail, just as Deranged Jack’s Hoax in Florida has been fully dismissed, and we will win the Most Important Election in the History of our Country on November 5th. MAKE AMERICA GREAT AGAIN!” he said in one post.

“For them to do this immediately after our Supreme Court Victory on Immunity and more, is shocking. I’ve also been informed by my attorneys, that you’re not even allowed to bring cases literally right before an Election – A direct assault on Democracy! This is an unprecedented abuse of the Criminal Justice System,” he said in another.