Trumped Up: How Criminalization of Political Differences Endangers Democracy

by Alan M. Dershowitz

"There are great legal minds; there are those who can also communicate well on television; then there is Dershowitz. The professor is uniquely capable of arguing a position, while putting a premium on legal and ethical legitimacy, not its popularity. Bravo, Dershowitz!" – Chris Cuomo, anchor and reporter, CNN "This collection shows Alan Dershowitz at his best—passionate, fearless, and occasionally very wrong." – Jeffrey Toobin, bestselling author of The Nine, Too Close to Call, A Vast Conspiracy, and The Run of His Life. "Alan Dershowitz doesn’t twist the constitution to fit an agenda. He tells you what it REALLY means. That’s why he has always been my go-to guy on the law and the Constitution." – Greta Van Susteren, former anchor at CNN, Fox News Channel, and MSNBC "This book will reinforce Alan Dershowitz’s well-earned reputation as a brilliant legal analyst who, although often swimming against the established current, is usually right. Dershowitz substitutes his trenchant legal analysis for the wishful thinking and self-aggrandizing moral superiority that is presented by many in the academy and media, as well as Trump’s political opponents. Dershowitz’s arguments should cause all rational citizens to take a deep breath and recognize, as Dershowitz demonstrates, that Trump may be many things, but, under current law and the known evidence, the President is not a criminal. His analysis seems flawless to me." – Harvey A. Silverglate, Criminal and civil liberties lawyer, author of Three Felonies a How the Feds Target the Innocent In our current age of hyper-partisan politics, nearly everyone takes sides. This is especially true with regard to the Trump presidency. It has become difficult to have a reasonable discussion about the most controversial president in our recent history. For Trump zealots, their president has not only committed no crimes, he has done nothing wrong. For anti-Trump zealots, nothing Trump has done—even in foreign policy—is good. Everything he has done is wrong, and since it is wrong, it must necessarily be criminal. This deeply undemocratic fallacy—that political sins must be investigated and prosecuted as criminal—is an exceedingly dangerous trend. Hardening positions on both sides has been manifested by increasing demands to criminalize political differences. Both sides scream “lock ‘em up” instead of making substantive criticisms of opposing views. The real fear, as Alan Dershowitz argues, in this compelling collection, is that we have weakened our national commitment to civil liberties as the Left becomes ever more intolerant and the Right slips into authoritarian rhetoric. The vibrant center is weakening, with traditional liberalism and conservatism becoming further apart, not just in approach, but in their respect for Constitutional norms that have served us well for more than two centuries. While Donald Trump is not the only cause of this profound division, his election drew it to the surface and made it the dominant paradigm of political debate. Unless we as a nation begin to focus again on what unites us rather than on what divides us, America might not survive the next decade.

Genres: Politics, Nonfiction, Law

197 pages, Kindle Edition

Published August 20, 2017

About the author

Alan Morton Dershowitz is an American lawyer, jurist, and political commentator. He is the Felix Frankfurter Professor of Law at Harvard Law School. He is known for his career as an attorney in several high-profile law cases and commentary on the Arab-Israeli conflict.

He has spent most of his career at Harvard, where, at the age of 28, he became the youngest full professor in its history, until Noam Elkies took the record. Dershowitz still holds the record as the youngest person to become a professor of law there.

As a criminal appellate lawyer, Dershowitz has won thirteen out of the fifteen murder and attempted murder cases he has handled. He successfully argued to overturn the conviction of Claus von Bülow for the attempted murder of Bülow's wife, Sunny. Dershowitz was the appellate advisor for the defense in the criminal trial of O.J. Simpson for the murder of his ex-wife Nicole Simpson and her friend Ronald Goldman.

Reviews

[Jeanette · Rating 4 out of 5]

Oh I do admire his (Alan Dershowitz) ability to see and explain so clearly the core and onus of being a civil libertarian. He certainly is, in nearly all senses. And that's difficult, IMHO. I would like to be but find living up to it can be difficult.

The first portion of the book's articles written before the election, to me- they were all 5 star. The remaining articles are usually in chronological order and having to do with world events, and also the civil liberties that this criminalization practice for our differences- what that endangers.

There are predictions in multiples which hit spot on to events a year or two after they were made.
But those are not the quotes I wanted to list and then decided against doing so. It's a short book. Read it. His lawful and constitutional understandings re parties and their political spectrums! Immense, but that's not the peak either. The peak of his expertise is how he fits the precedent and the definitions of current political party "redefining" into the complexity of what is real law.

Criminalization should NEVER occur only for political differences as strategy techniques. It's happening from both sides now.

His articles about spectrum politics and especially upon his Democratic Party going far Left are all 5 star. He taught me numerous detail (overview to entire) about DNC chairmanship and other aspects within the Bernie split that I did not know. Especially upon Ellison and the far Left's links to Anti-Semitic factions and leaders like Farrakhan.

He gives advice to both Hillary Clinton and Obama (several articles re Israel/ Middle East and miserable decisions made by Kerry and Obama) in this for events that occurred before the 2016 election and the reaction to a spectrum of the American peoples' politics if she, in particular, did NOT take his advice. Neither did. And the outcomes he predicted in the early articles became prophetic. Prophetic times two.

He now warns Trump in a few of these pieces about doing something that he should not do. And that is playing the same game back with this criminalization habit. Trump is not listening if he threatens to "sue" and such as he is doing now with the NY Times Opt- Ed. piece. Neither side holds a valid procedure toward criminalizations for politico differences and stances. Not even slander. And other peoples' civil liberties are being destroyed and insulted in governmental process rogue ways to "court" in the meantime for this kind of cabal "attack" understanding.

Excellent book. If nothing else, the article upon the centrist American stand (how American political spectrum moves) reality is essential to understanding any American politics at all. These new hard Left Socialist candidates who have opposite to regular Democratic Party candidates objectives, "eyes"- worldview and intolerant opinion other than the one "correct" one- which is not the Democratic party's liberal tradition or heritage. (Centrist Democratic Party stance being large government programs constantly improved, modified, enlarged etc.- while the hard Left's is revolution, scrapping, violent if need be obstruction, and stripping back to "new" and annihilating all of the "old" entities of structure/ authority.) That Dershowitz article about the American viability "eyes" is 6 star, as is the one "The First Amendment is not broken, so don't try to fix it". Everyone who is an American citizen should read both of those. Because the middle is now wandering astray and both parties are virtually split for each moving too far off center. But as the American heart and worldview is far more easily moved right than left?

I highly recommend this book if you want a real "eyes" picture of what the divisions in the USA are now re politico in 2018. The author is a wise man.

[Dick Hamilton · Rating 4 out of 5]

I always disliked Alan Dershowitz, what he thought and what he stood for. Then, I made the mistake of reading one of his books. This one, like all of his works, challenges you and make you reconsider your own opinions. I look forward to the next collection of his work that I have the benefit of reading.

[Vivian · Rating 5 out of 5]

Love him, little Jewish liberal

[skip thurnauer · Rating 3 out of 5]

Mr. Dershowitz is a well-known defender of civil liberties. In my mind, the best part of"Trumped Up" was the introduction. There Dershowitz introduces many of the themes that reoccur throughout the book. I didn't realize "Trumped Up" was a collection of previously published articles until I began reading, as it was not mentioned in any of the reviews I had read. There is considerable redundancy as Dershowitz hammers home his opinion in numerous editorials, beginning before the election in April 2016 and continuing through July 11, 2017, from the primary through Trump's first several months in office. Dershowitz notes that he is a liberal democrat who supported and voted for Hillary Clinton. Regardless of his political bent, he states that the civil liberties he advocates for President Trump are the same he has advocated for others in the past regardless of party affiliation. What has changed is the high level of polarization, of hyper-partisan politics now evident throughout our nation. He says "Never in our history has a presidential administration had calls for impeachment, investigation and indictment... even before President Trump was inaugurated." Had Mrs. Clinton won, she likely would have faced similar accusations from the other side. He expressed concern when James Comey issued his statement recommending against prosecuting Mrs. Clinton, suggesting he had exceeded his authority in making such an announcement. Later, when Comey issues letters about Clinton's emails, he again expresses concern saying "Comey's statements may well impact the results of the election." He lays out several reasons why Comey should be fired and underscores Trump's Constitutional right for such a firing. After the election and appointment of special counsel Robert Mueller, Dershowitz discusses the role of a special counsel whose broad powers of investigation, he claims, raise serious civil liberty implications. He states an investigation of Russia's meddling in the U.S. election process is critical, but that task would be better managed by Congress because they could propose remedies for the future, as well as looking at what happened in the past. Dershowitz comments on several early Trump initiatives like the travel ban, noting the different rights of U.S. citizens and green card holders compared with foreign residents. A strong supporter of Israel, numerous articles deal with the state of Israel and the Palestinian issue. He decries the Obama administration's lack of support for Israel and the worsening likelihood of a peace settlement in that area of the world. Similarly, he took a hard stand against fellow democrats who were anti-Semitic in actions and words. The pendulum swings both ways. When one party considers actions or laws that impair civil liberties, the time may come when they rue such actions. "Zealotry on one side does not justify zealotry on the other. We must declare an armistice using our criminal justice system as a political weapon in what has become a zero-sum blood sport." His 50 years as a Harvard Professor of Law provide objective insights into our polarized political environment.

[Steve · Rating 1 out of 5]

What a disappointment! Billed as a book that warns of the dangers of criminalizing political opponents, half of the book is spent preaching about Israel and labeling anyone who is not pro-Israel as an anti-Semite. But content aside, the book is not really a book - it's simply a collection of already published articles. And it was rushed to print so quickly, it's riddled with typos and errors. Garbage.

[Zach · Rating 3 out of 5]

When Dershowitz is on, he is on and it’s a very enjoyable read. If this book were better edited, I would definitely give this book a 4 or 5 out of 5. He goes a great job of articulating how both sides become hypocritical and abandon their core principles when it will injure their opponents.

I especially appreciated Dershowitz’ documentation about how the ACLU become less principled on civil liberty matters and now the new M.O. seems to be to ask first if it is politically acceptable to its base, and then if that criterion is fulfilled will it focus on civil liberty issues.

The issue that I found annoying was Dershowtiz’ focus on Israel throughout the book. At best, the focus seemed disjointed from the flow of the rest of the book. At other times, it seemed downright hypocritical. For instance, Dershowitz rightly bemoaned the tacit antisemitism of TV hosts asking American Jews for their opinions as Jews (rather than their academic qualifications) for their opinions on internal politics. He doesn’t like the assumption that all Jews will share the same outlooks or that they might have higher loyalty to Israel than they do to America. Fair enough point. But he then goes on to say that people saying that they criticize Israel but not Jews are just using dog whistles for their antisemitism and that the Obama’s decision to negotiate with Iran is proof of the DNC’s antisemitism (rather than simply disagreeing with the policy choice). I generally support Israeli policy more than I dissent, but I found Dershowitz’ treatment of Isreal, especially in a book like this, to be sanctimoniously simplistic, and thus disappointing.

[Carole · Rating 2 out of 5]

I read this book out of curiosity (It was a Kindle Unlimited) Alan Dershowitz is a centralist Liberal. He voted for Clinton, really doesn't like Sanders (who he believes is anti-Semitic) He is a Brooklyn native who has been called 'the nation's most peripatetic civil liberties lawyer' and one of it's 'most distinguished defenders of individual right,' 'the best known criminal lawyer in the world' and 'America's most public Jewish defender.' Professor at Harvard Law School. Even though he didn't agree with many of Trump's policies he stood up for him and his rights. He demonstrated, Trump may be many things, but, under current law and the known evidence the President is not a criminal. In the current age of hyper-partisan politics, nearly everyone takes sides. That is especially true with regard to the Trump presidency. Alan Dershowitz argues, "We have weakened our national commitment to civil liberties as the Left becomes ever more intolerant and the Right slips into authoritarian rhetoric. The vibrant center is weakening, with rational liberalism and conservatism becoming further apart, not just in approach, but in their respect for Constitutional norms that have served us well for more than two centuries. " Although I found much interest in what Dershowitz wrote I found it to be overly repetitive.

[Ethan · Rating 3 out of 5]

Two misconceptions: First, this isn't a defense of Trump's character, ideas, or policies on their merits. Second, this is a collection of opinion pieces from 2016-2017 rather than a fleshed out book. That does not necessarily mean that you should not read it.

Dershowitz (who voted for Hillary Clinton, and repeatedly condemns Republican charges against her in tandem with the charges against Trump) provides an insightful legal view into the Obama administration's last acts, the Israel-Palestine conflict, the 2016 Presidential campaign, and the ongoing Mueller investigation at press time. He covers whether the firing of Comey broke any constitutional law, whether charges of obstruction of justice apply, and related issues surrounding the investigation and maneuvering by both sides. As someone who stuck his head in the sand during the time and is working through the Mueller/Impeachment reports, his perspective through those years was helpful to me.

However, it may not be helpful to other contemporary readers. Dershowitz is certainly right to condemn anti-Semitism so much, and it fits his book's subtitle, but the myriad of issues the pieces cover take away focus from what one thinks the central thesis will be.

[Christopher Bisson · Rating 4 out of 5]

Very solid book coming from a clearly distinguished attorney. Reading Alan's work definitely makes me feel like he is someone who puts the constitution and the law above politics, which coincides with his legal past as an often controversial attorney. The book is short and to the point and gives an original perspective of the criminalization of what is legally allowed, but political dangerous. (original in the sense that it may not be the first time that opinion has been rendered, but the author came up with the conclusions via his own analysis and thought process - something less common than people realize)

So why did I only give this book four stars if the rest of the review is positive. It comes down to the editorial process. There are a small handful of sections that repeat entire paragraphs verbatim from other chapters in the book, and it makes it feel a little sloppy.

At the end of the day, interesting read shedding light on the weaponization of a legal system for political benefit. This book is best read from an apolitical perspective with a focus on the importance of constitutional law and the potential costs of either ignoring it, or making "one time" exceptions.

[Melvin Patterson · Rating 3 out of 5]

This is the second or third book written by Alan Dershowitz that I've read. His legal analysis is based solidly on the Constitution, American history, and principles of American jurisprudence. That said, while his analysis of how the criminalization of political differences endangers democracy is quite good, half the book seems to be a diatribe and complaint about how poorly Israel and Jewish people are treated. I'm not saying anything he says is untrue (although I think some of his conclusions may be somewhat exaggerated) but this really isn't the forum for those opinions. Of course, had he deleted those passages from the book, it would likely have been significantly shorter in length.

I don't always agree with Professor Dershowitz analysis but I do enjoy hearing him speak and he always makes me re-think and re-examine my positions. And ultimately, that's a sign of a good teacher.

[Jonathan David · Rating 3 out of 5]

An interesting collection of articles

This book is more a collection of articles than an actual book, but it’s actually quite interesting. Few people have laid out the civil libertarian case as it pertains to the politicized cases involving both Clinton and Trump. In the book the case is made that politicizing the court system in the way it has been since Watergate through to the present is a bad precedent to set for both parties. Those looking for a defense of Trump and his policies will be disappointed, but those looking to find out what the Constitution and other laws say regarding what is and is not considered a crime (in both Clinton and Trump’s cases) will find this small little book worth the time to read.

[Delores · Rating 5 out of 5]

I certainly learned many things from this book and highly recommend it to all. Regardless of being Republican, Democrat or Independent criminalizing our political differences is a threat to our democracy for each and every one of us. I am sad that there is so much hate in politics now. Why do we have to hate those who feel differently about important issues??? This certainly makes it difficult to communicate and compromise in our government/society. How can we get past this and come together to do what is best for all Americans??? Read this book. I feel that Dershowitz is a fair-minded person who tells it as he sees it and he has great knowledge and insight.

[Thomas · Rating 4 out of 5]

Very interesting and informative collection of Dershowitz's articles that talk about the build up to the 2016 election, but also Brexit and England's election. He shows,quite vividly, the willingness to give up and misuse civil liberties just to win or the "get" a political opponent. He also discussed the need to call people out on these misuses, as he says frequently in the text, " Yesterday it was Hilary, today it's Trump, tomorrow it's you. " If you do not protect the civil liberties of the people you disagree with, the day will come when no one will protect yours. Well worth a read, check it out.

[Tim Trott · Rating 3 out of 5]

Written from the perspective of someone in the unusual position of Democrat, who, as an attorney, represented Donald Trump in the impeachment trial in 2020, as well as Jeffery Eptstien and O.J. Simpson. The book's focus, as displayed in the subtitle, is on the criminalization of political differences in society. There is value in the position, but the author may have not have chosen the best subject to illustrate the point. As the book proceeds through dates, much like a journal, it illustrates the trap that can form as time and events may erode the author's premise.

[Sharon · Rating 2 out of 5]

This is a collection of essays or editorials by Dershowitz on Trump's campaign and first year. Many of the articles focused on Israel and foreign policy of both Obama and Trump. Reading Dershowitz's views helped me get a better grasp on foreign policy and to understand why Trump insisted on moving the embassy to Jerusalem despite public opposition here and there. The collection was published in 2017, so is a little behind the times.

[Jeff Rudisel · Rating 3 out of 5]

Dershowitz is ingenious, and well worth reading, but the articles that compose this book are all old news now.
The articles were great and very inciteful when they were topical, but reading them a year or two after the facts they opine on is a little boring because I've been over much of the ground already.

[Kathy Selvaggio · Rating 5 out of 5]

Because it seems to be a chronological collection of his newspaper columns and essays there is a fair amount of repetition but I really enjoyed the book. He cuts through the political garbage talk on TV and speaks to the law and crime and the lack of any crime committed. Love his positions

[Christine · Rating 3 out of 5]

Good constitutional info

This book brings into light how the parties are trying to claim crimes which are simply not to further their political agenda. While it was good info there was to much repetition on each subject of question.

[Ruben Damian · Rating 5 out of 5]

Very informative.

Learned a lot about the Constitution. Looking forward to reading more of Alan's books. Compared to all the other pundits that I've Seen On TV Alan dershowitz is the most logical person on this topic.

[Robert Bob · Rating 4 out of 5]

Quite a civil libertarian's take on today's politics.
Just because Trump does something wrong or less than ethical doesn't make it criminal.
Interesting take on Trump Clinton Bush 1 & 2
Etc etc

[John Biddle · Rating 4 out of 5]

Very good book, well written, engaging, thought provoking. What I liked most is Mr Dershowitz's adherence to the constitution rather than to an ideology when making decisions. We can all learn from that.

[Harriet Brown · Rating 5 out of 5]

I just finished the book. I totally devoured it. What a magnificent book. I highly recommend it.

[Bill · Rating 1 out of 5]

Didn’t like it. The author makes a few valid points but his predilections made it an impossible read. Maybe I’m one of his radical leftists

[Bruce · Rating 5 out of 5]

A different point of vuew

Interesting! Read, worth the effort. I don't always agree but thoughts worthy to consider. It would be nice to see if his is welcome d back to CNN?

[Joseph · Rating 5 out of 5]

Alan Dershowitz is good at explaining stuff.

[Ken Hamner · Rating 5 out of 5]

Another outstanding book by Alan Dershowitz, one of the very few who write books that actually analyze the issues rather than spin them for political purposes.

[Luise L · Rating 3 out of 5]

Agree with the premise and worship the author. But the presentation is rather more lenghly and tedious than is required

[Rob · Rating 4 out of 5]

Donald Trump is the most unusual president in American history – and among the most provocative and controversial. His unique style has transformed the presidency itself. Because of our hyper-partisan politics, it has become difficult to have a reasonable discussion about the 2016 election. For Trump supporters, Hillary belongs in jail. For anti-Trump zealots, nothing he has done – even in foreign policy – is good. How about Russian collusion? Dershowitz, a lawyer’s lawyer, explains that this deeply undemocratic fallacy – that political sins must be investigated and prosecuted as criminal – is an exceedingly dangerous trend.

[Jr. Coleman · Rating 4 out of 5]

Dershowitz is excellent! He voted for Clinton and is a liberal but a fair-minded one. Our body politic is on the edge with both sides chomping at the bit to flay the other even under color of law. His book is an analysis of the dangers of criminalizing politics.