Equal Injustice: Menendez Indictment Does Not Prove Equal Justice
by Alan M. Dershowitz • September 27, 2023 at 5:00 am
In both the Menendez and Trump cases, prosecutors are engaging in the questionable tactic of seeking to influence the jury before trial.
Both show and tells [Menendez's gold bars and Trump's documents] are wrong. Both are intended to prejudice potential jurors and witnesses and to try the case in the court of public opinion before it is subject to the adversarial process to the courts of law.
Two wrongs do not make a right -- nor do they cancel each other out. They simply compound the injustices and demonstrate that this Justice Department -- and several others that came before it -- are willing to violate the spirit if not the letter of the law, Justice Department regulations and legal ethics.
No one should rush to judgment before all the evidence is seen and heard. Nor should Menendez be compelled to resign his seat in the Senate based on allegations, photographs and the kind of one-sided testimony that is heard by grand jurors. The presumption of innocence means just that: at this point in time, Menendez should be deemed no more guilty than other officeholders who have been accused of wrongdoing.
One irony of the Justice Department's publication of prejudicial photographs clearly intended to influence the jury and potential witnesses is the fact that the same Justice Department is seeking to impose a gag order on Trump, in part because of the claim that he will try to influence jurors and witnesses against the government.
Both Trump and Menendez have the constitutional right – under the 1st and 6th Amendments – to defend themselves in the court of public opinion. The government, on the other hand, has no constitutional right to try to influence jurors or witnesses. Its only legitimate role is just to seek objective and fair justice. In that regard, the Justice Department is starting off on the wrong foot in both the Menendez and Trump cases.
Many Democrats are claiming that the recent indictment of Senator Robert Menendez (D-NJ) proves that the current Justice Department provides equal justice to Democrats and Republicans. Although it is necessary to wait for the evidence to emerge before judgment is passed on this most recent indictment, what appears so far may be closer to equal injustice.
In both the Menendez and Trump cases, prosecutors are engaging in the questionable tactic of seeking to influence the jury before trial. The photographic display of gold bars and cash in the Menendez case is an image that will remain with everyone who saw it. The same is true of the contrived photographic display by the Justice Department of allegedly classified documents spread on the floor. This "show and tell "was produced by the Justice Department and published in virtually every media outlet in the country.
