DOJ Can't Credibly Indict Trump Unless They Charge Hunter Biden: Dershowitz

Attorney Alan Dershowitz, an emeritus professor of law at Harvard Law School, said that the U.S. Department of Justice can't "credibly" indict former President Donald Trump unless it also indicts President Joe Biden's son, Hunter Biden.

Hunter Biden is being investigated by the U.S. Attorney's Office in Wilmington, Delaware, as part of a probe that began in 2018 to look into his financial and business activities in foreign countries.

The Washington Post reported Thursday that federal agents have amassed what they believe is enough evidence to charge Hunter Biden in connection with tax crimes and a false statement related to a firearm purchase. The U.S. Attorney in Delaware must now determine whether to file charges, the newspaper noted.

Meanwhile, Trump has been investigated as part of a probe into whether he mishandled classified documents after leaving the White House. FBI agents raided the former president's Mar-a-Lago property in August, finding documents, some of which were marked as classified. Some legal experts have urged the Justice Department to indict Trump in connection to the investigation.

DOJ's Trump and Biden Cases 'Linked:' Dershowitz
Attorney Alan Dershowitz, a then-member of President Donald Trump's legal team, speaks to the press in the Senate Reception Room during the Senate impeachment trial at the U.S. Capitol on January 29, 2020, in Washington, D.C. Dershowitz, an emeritus professor of law at Harvard Law School, has said that the U.S. Department of Justice can't "credibly" indict former President Donald Trump unless it also indicts President Joe Biden's son, Hunter Biden. Mario Tama

Dershowitz said in August that he believed the unsealed affidavit supporting the FBI's search of Mar-a-Lago gives the DOJ enough evidence to indict the former president.

Speaking during an interview on Newsmax Thursday evening, Dershowitz, who served on Trump's defense team during the former president's first impeachment trial, said, "I'll tell you the man who should be most interested in assuring that Biden does not get prosecuted. And it's not Joe Biden, it's Donald Trump."

"Unless they indict Biden Jr., they will not credibly be able to indict Trump. But if they indict Biden Jr., [Attorney General Merrick] Garland will be able to say, 'Look how fair we are, we didn't go after Trump, we indicted the son of the president, and we indicted the man who's going to be running against the president. Fair is fair,'" Dershowitz said.

"And that's why politics inevitably plays a role in this, because in all of these cases there's an element of subjectivity," he added.

In another Newsmax interview on Friday morning, Dershowitz made similar comments, saying that if Hunter Biden isn't prosecuted, he thinks the "case against prosecuting Trump increases in strength greatly."

"So, these two cases are tragically linked, even though legally they shouldn't be linked at all," Dershowitz said.

Frank Figliuzzi, the FBI's former assistant director for counterintelligence, criticized Dershowitz's argument on Friday.

"What a twisted sense of how Justice works, and, what a false equivalency: Alan Dershowitz Claims DOJ Must Indict Biden To Indict Trump," Figliuzzi tweeted, linking to a Mediaite story about Dershowitz's comments.

Newsweek has reached out to Trump's press office, the Department of Justice and Hunter Biden's attorney for comment.