Someone has to Keep the Jackal Away from the Sheep

I used to think Alan Dershowitz had to be brilliant, simply because he was highly respected. Now it’s time to let that go. I keep seeing evidence he’s merely a pretty smart guy.

He is now saying Sean Combs should have been given bail.

What are the factors he considered? First, the likelihood that he will continue to commit crimes, and second, the likelihood that he will flee.

Let’s concede that Combs probably will not kidnap or rape anyone before trial. He probably won’t participate in kidnappings or rapes committed by others. I think these things are obvious. He is not likely to commit the same types of crimes for which he will be tried.

As for flight, Dershowitz says Combs could have fled already. He says that instead, he traveled to New York to surrender. That means he won’t flee.

I can’t concede there. What Combs has done so far and what he might do if the trial starts to go badly may be two different things.

Here’s the glaring problem with Dershowitz’s analysis: he ignored one of the judge’s main concerns. Combs is a disgusting criminal. He always has been. He associates with other criminals. Nothing is beneath him. The judge is concerned he will tamper with or even harm witnesses. That is a reasonable fear.

Combs is already accused of witness tampering in a civil suit. He communicated heavily with a woman who is suing him. If he’ll do that, who knows what he’ll do to people whose testimony could put him away for life?

He is accused of prophylactic witness tampering in the current case. His victims say he made video recordings of them in the process of using them as sex slaves, and he did so in order to be able to blackmail them later if they threatened to go public. That’s a form of witness tampering.

I don’t know if Dershowitz is still on top of his game. Maybe he was never a genius to begin with. Law is not that hard. It’s not math or physics. You can go to the Supreme Court with an IQ of 140, which is not rare at all.

Michael Avenatti was first in his class at one of America’s best law schools, and he committed extortion openly. Lawyers for the victim, the Nike corporation, didn’t even have to respond to a complaint. They just pointed the FBI at Avenatti and watched him disappear. You’ll never convince me Avenatti is a brain.

Think how many billable hours they saved Nike.

Completely failing to acknowledge the most important prong of the judge’s analysis would get Dershowitz a C at the worst law school in America.

Anyway, I disagree with him. Anyone who has shown an inclination to abuse witnesses should rot in jail before trial. If Michael Jackson hadn’t been allowed to mess with witnesses, he probably would have gotten what he deserved after sexually molesting multiple children.

Bottom line: I wouldn’t hire Dershowitz if I were in trouble. If he let something like this get by him, he can’t be fit to represent anyone.