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Alan Dershowitz

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Alan Morton Dershowitz <tr><td colspan="2" style="text-align: center;">Image:Dershowitz Alan.jpg
Alan Dershowitz</td></tr>
Born: September 1, 1938
Brooklyn, New York,
United States
Occupation: lawyer, law professor, author

<tr><th style="text-align: right;">Website:</th><td>Harvard Law School profile</td></tr>

Alan Morton Dershowitz (born September 1, 1938) is an American lawyer and law professor.

He has spent most of his career at Harvard Law School, where at the age of 28 he became the youngest full professor in the law school's history (this record was later broken by Noam Elkies), and is now the Felix Frankfurter Professor of Law at the Harvard Law School. In addition to his teaching, Dershowitz has worked on a number of high-profile legal cases and is a prolific author who makes frequent media and public appearances.

As a criminal appellate lawyer Dershowitz successfully argued to overturn the conviction of Claus von Bülow for the attempted murder of his wife, Sunny. An adaptation of Dershowitz's 1985 book on the highly publicized case, Reversal of Fortune, became the 1990 feature film starring Jeremy Irons and Glenn Close. Dershowitz also served as the key appellate expert on the defense team in the criminal trial of O.J. Simpson for the murder of his ex-wife Nicole Simpson, still the most-publicized criminal case in U.S. history and the subject of Dershowitz's 1996 book, Reasonable Doubts.

Dershowitz is a regular commentator on issues related to Judaism, Israel, civil rights, civil liberties, the war on terror, and the First Amendment, and frequently appears in the mainstream media as a consultant on these issues.

Contents

[edit] Early life, education, and family

Dershowitz was born in the Williamsburg neighborhood in the New York City borough of Brooklyn, and grew up in Borough Park.<ref>Alan M. Dershowitz, Chutzpah (New York: Touchstone Books, 1992) 35.</ref> His parents, Harry and Claire, were both devout Orthodox Jews. Harry Dershowitz (May 8, 1909April 26, 1984)<ref>"Harry Dershowitz", "Social Security Death Index Search Results," n.d., accessed November 1, 2006.</ref> was a founder and president of the Young Israel Synagogue in the 1960s, served on the board of directors of the Etz Chaim School in Borough Park, and in retirement was co-owner of the Manhattan-based Merit Sales Company. Alan Dershowitz's brother Nathan, at the time of their father's death counsel for the American Jewish Congress, is a partner in the New York City law firm Dershowitz, Eiger & Adelson.<ref name=NYTobit>"Obituary: Harry Dershowitz", New York Times April 26, 1984; Nathan Z. Dershowitz, FindLaw.com, last updated December 31, 2005; both accessed November 1, 2006.</ref>

Dershowitz's first job was at a deli factory on Manhattan's Lower East Side in 1952, at age 14. He recalls tying the strings that separated the hot dogs and once getting locked in the freezer.<ref name=Riper>Tom Van Riper, "First Job: Alan Dershowitz," Forbes 23 May 2006, accessed November 1, 2006.</ref>

Dershowitz attended Yeshiva University High School, where he played on the basketball team. He was a rebellious student, often criticized by his teachers. The school's career placement center, however, told him that he had talent and was capable of becoming an advertising executive, funeral director, or salesman. Dershowitz later said that his "teachers said I should do something that requires a big mouth and no brain. . . so I became a lawyer."<ref>Elizabeth Stull, "Son of Brooklyn Brings Home Legacy of High-Profile Trials: Alan Dershowitz Donates Archives to Brooklyn College," Brooklyn Daily Eagle September 25, 2003, accessed August 12, 2006.</ref> Dershowitz said he "had never been very good in school," but cites a camp counseller telling him at age 14 or 15 that he was smart as a significant life event for him.<ref name=Riper>Tom Van Riper, "First Job: Alan Dershowitz," Forbes 23 May 2006, accessed November 1, 2006.</ref>

Upon graduating, he attended Brooklyn College and received a Bachelor of Arts degree in 1959. He later attended Yale Law School, where he was editor-in-chief of the Yale Law Journal.<ref>Alan M. Dershowitz, Chutzpah (New York: Touchstone Books, 1992) 41.</ref> He graduated first in his class with a Bachelor of Laws (LL.B.) in 1962.

[edit] Career

After being admitted to the bar, Dershowitz served as a law clerk for David L. Bazelon, the chief judge of the U.S. Circuit Court of Appeals for the District of Columbia. Dershowitz has said that "Bazelon was my best and worst boss at once...He worked me to the bone; he didn't hesitate to call at 2 a.m. He taught me everything–how to be a civil libertarian, a Jewish activist, a mensch. He was halfway between a slave master and a father figure" (Riper).

During the 1963–1964 term, Dershowitz served a law clerk for U.S. Supreme Court Associate Justice Arthur Goldberg.

He joined the faculty of Harvard Law School as an assistant professor of law in 1964. He was made a full professor of law in 1967, at the age of 28, becoming Harvard's youngest full law professor in the law school's history. He was appointed the Felix Frankfurter Professor of Law in 1993, succeeding Abram Chayes.

Much of Dershowitz's legal career has focused on criminal law, and his clients have included high-profile figures such as Patricia Hearst, Leona Helmsley, Jim Bakker, Mike Tyson, O.J. Simpson, and Harry Reems. While representing Claus von Bülow he had the case overturned on appeal; in a retrial, von Bülow was acquitted. Afterwards, Dershowitz told the story of the case in his book, Reversal of Fortune. In the movie version, Dershowitz was played by Ron Silver, and Dershowitz himself had a cameo as a judge. Regarding the O.J. Simpson murder case, about which he wrote the book Reasonable Doubts (which includes "an extensive discussion of both the glove and the sock and the forensic evidence"), Dershowitz evaluates the importance of that case for jurisprudence and for his own overall career: "the Simpson case will not be remembered in the next century. It will not rank as one of the trials of the century. It will not rank with the Nuremberg trials, the Rosenberg trial, Sacco and Vanzetti. It is on par with Leopold and Loeb and the Lindbergh case, all involving celebrities. It is also not one of the most important cases of my own career. I would rank it somewhere in the middle in terms of interest and importance" ("Looking back at the OJ Trial").

For several years, Dershowitz has written the monthly column "Justice" and related articles in the pages of Penthouse magazine and testified on legal issues pertaining to pornography.<ref>See photograph caption in "Photographs," Edwin Meese, Attorney General's Commission on Pornography Final Report (Meese Report), U.S. Department of Justice, July 1986, accessed April 12, 2006: "Alan Dershowitz, professor of Law at Harvard Law School and columnist with Penthouse magazine, and Dottie Meyer, a former Penthouse model and coordinator involved with circulation and Pet production, testified before the Commission during the New York hearing on January 21, 1986."</ref>

[edit] Recognition

Dershowitz was named a Guggenheim Fellow in 1979, and was in 1983 a recipient of the William O. Douglas First Amendment Award from the Anti-Defamation League of the B'nai Brith for his work in civil rights. He has been awarded honorary doctorates in law from Yeshiva University, the Hebrew Union College, Monmouth College, Haifa University and Bar-Ilan University.<ref name=Crystal>"Alan M[orton] Dershowitz," Crystal Reference Encyclopedia.</ref>

He has been described by Newsweek as America's "most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights" and by Corriere della Sera as "America's most famous progressive lawyer."<ref>Faculty biography for Alan M. Dershowitz, Harvard University Law School, redirected (automatically) to Alan M. Dershowitz Biography linked on Dershowitz's official website's welcome page.</ref>

Dershowitz has taken public stances on a number of controversial contemporary issues. Because of his fame, his positions have often been covered by major media sources and have been the subject of attention from both scholarly and political points of view. He frequently engages in debate with and about other public figures.

[edit] Issues

[edit] Torture warrants

Following the September 11, 2001 attacks, Dershowitz advocated the issuance of warrants allowing terrorism suspects to be tortured if there is an "absolute need to obtain immediate information in order to save lives coupled with probable cause that the suspect had such information and is unwilling to reveal it".<ref>Alan M. Dershowitz, "Want to torture? Get a warrant," San Francisco Chronicle January 22, 2002.</ref>

Although he claims to be personally against the use of torture, he believes that authorities should be permitted to use non-lethal torture in a "ticking bomb" scenario, regardless of whether international law permits it, and that it would be less destructive to the rule of law to regulate the process than to leave it up to the discretion of individual law-enforcement agents. Under his proposal, the government would not be allowed to prosecute the torture subject based upon information revealed under that interrogation method. "If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice".<ref name=CNNtorture>"Dershowitz: Torture could be justified", CNN March 4, 2003, accessed August 12, 2006.</ref>

Some other civil libertarians have criticized Dershowitz's solution to the problem presented by uncooperative captured terrorists. Harvey A. Silverglate, co-founder (with Alan Charles Kors) of the Foundation for Individual Rights in Education (FIRE), asserts that jury nullification and executive clemency could protect law enforcement in the hypothetical ticking-bomb case and, thus, that "our legal system is perfectly capable of dealing with the exceptional hard case without enshrining the notion that it is okay to torture a fellow human being".<ref>Harvey A. Silverglate, "Torture warrants?" Boston Phoenix December 6–13, 2001, accessed August 12, 2006.</ref>

William F. Schulz, the executive director of the U.S. section of Amnesty International, finds Dershowitz's hypothetical ticking-bomb scenario unrealistic because, Schulz argues, it would require that "the authorities know that a bomb has been planted somewhere; know it is about to go off; know that the suspect in their custody has the information they need to stop it; know that the suspect will yield that information accurately in a matter of minutes if subjected to torture; and know that there is no other way to obtain it."<ref>William Schulz, "The Torturer's apprentice: Civil liberties in a turbulent age," The Nation May 13, 2002.</ref> Bill Goodman of the Center for Constitutional Rights, debating Dershowitz on CNN, argues that Dershowitz's proposal would create a "very slippery slope" and that torture would "happen under more than those exceptional circumstances. It's going to start becoming the regular, rather than the unusual."<ref name=Cooper>Transcript, Anderson Cooper 360° November 8, 2005.</ref>

[edit] Animal rights

Dershowitz is one of a number of scholars at Harvard Law School who have expressed their support for limited animal rights.<ref>"Darwin, Meet Dershowitz: Courting Legal Evolution at Harvard Law,"PDF The Animals' Advocate 21 (Winter 2002), accessed November 1, 2006.</ref> In his Rights from Wrongs: A Secular Theory of the Origins of Rights, he writes that, in order to avoid human beings treating each other the way we treat animals, we have made what he calls the "somewhat arbitrary decision" to single out our own species for different and better treatment. "Does this subject us to the charge of speciesism? Of course it does, and we cannot justify it, except by the fact that in the world in which we live, humans make the rules. That reality imposes on us a special responsibility to be fair and compassionate to those on whom we impose our rules. Hence the argument for animal rights." <ref>Alan Dershowitz, Rights from Wrongs: A Secular Theory of the Origins of Rights (2004) 198-99.</ref>

[edit] William ("Billy") M. Bulger

During the time period that former Massachusetts Senate President William ("Billy") M. Bulger still held one of that state's most-powerful offices (and afterwards), Alan Dershowitz was one of his most-prominent critics.<ref>"Editorial: Speak Up: Memo to John Kerry: Be Bold. Plus, What Goes Around Comes Around. Just Ask Billy Bulger," Boston Phoenix December 5-12, 2002; cf. "Billy Bulger's Obstruction of Justice," Boston Phoenix December 10, 2002, as posted online at the Harvard Law School.</ref> Dershowitz's disdain for Bulger stems in part from remarks that Bulger made at a Governor’s Council hearing which Dershowitz perceived as anti-Semitic.<ref>Seth Gitell, "Bulger's Denouement (Continued)," Boston Phoenix December 12-19, 2002, News & Features, accessed September 6, 2006. (3 pages)</ref>

[edit] Mike Barnicle

In 1990 Dershowitz sued the Boston Globe over an alleged quotation that Mike Barnicle had attributed to him in that newspaper. Dershowitz and the Globe settled the suit out of court, and, reportedly, Dershowitz was awarded $75,000 as a result of the out-of-court settlement.<ref>Dan Kennedy, "Barnicle's Game: Why He Should Have Been Fired — and Why He Wasn't," Boston Phoenix August 13-20, 1998. The ombudsman for the Globe supported Dershowitz and questioned Barnicle's credibility. In 1998 Barnicle was "forced to resign" from the paper as a direct result of later controversies (See Mike Barnicle).</ref>

[edit] Noam Chomsky

In 1972, according to his critics, Dershowitz attempted to discredit Israel Shahak, the chairman of the Israel League for Human and Civil Rights, who had sharply criticized Israeli treatment of Palestinians. Shahak was in the process of challenging contested election results for the chairmanship of the Israel League in a legal civil action. Dershowitz claimed that Judge Lovenburg, the judge presiding in Shahak's civil suit, had ruled that Shahak was properly unseated, and Dershowitz challenged anyone to provide evidence to the contrary. In response, Noam Chomsky, citing court documents, claimed that the court had opined that the elections had not been held properly, that no conclusions or actions were to be drawn from it, and that Shahak and his colleagues were to continue to function as "those who now direct" the Israel League for Human and Civil Rights.<ref>See Alan M. Dershowitz, "Guest Column: Chomsky's Immoral Divestiture Petition", The Tech May 10, 2002; and Noam Chomsky, Fateful Triangle: The United States, Israel, and the Palestinians, fwd. Edward W. Said, Classics Series, Vol. 3, 2nd. rev. ed. (Boston: South End Press; Montreal: Black Rose Books, 1999); ISBN 0-89608-601-1. PDF; both accessed October 28, 2006.</ref> The controversy initiated by this dispute has fuelled ongoing personal animosity between Dershowitz and Chomsky, both known as outspoken public intellectuals holding opposite positions on issues pertaining to the Israeli-Palestinian Conflict, for over thirty-five years.<ref>See Robert F. Barsky, "Provoking Ire," in Noam Chomsky: A Life of Dissent (Cambridge: MIT Press, 1997). (Searchable electronic version):
As he already knew the details of the Shahak affair, Chomsky wasted no time in replying to Dershowitz's letter to the Globe, which, in turn, incited Dershowitz to denounce Chomsky and ask for proof in the form of court records. Chomsky happened to be in possession of these:
I . . . wrote a letter quoting them, which showed that he was a complete liar, as well as a Stalinist-style thug (that was implicit; I didn't bother saying it). He continued to try to brazen his way out, and was finally told by the Globe ombudsman that they would publish no more of his lies on the matter (that was after I'd sent the original Court records and a translation to English to the Globe, who had requested documentation so they could assess Dershowitz's increasingly hysterical charges). Ever since then, Dershowitz has been on a crazed jihad, dedicating much of his life to trying to destroy my reputation. (31 Mar. 1995)
</ref> An exchange concerning a letter about the conflict between Israel and Hezbollah in Lebanon signed by Chomsky and others was published in Z Magazine on September 6, 2006.<ref>Noam Chomsky, "Comments on Dershowitz," Z Magazine, ZNet September 6, 2006, accessed September 7, 2006.</ref> (See References: Alan Dershowitz and Noam Chomsky.)

[edit] Norman Finkelstein

Shortly after the publication of Dershowitz's 2003 book The Case for Israel, Norman Finkelstein accused Dershowitz, of "fraud, falsification, plagiarism and nonsense." Following Dershowitz's counter-complaints about Finkelstein's charges of plagiarism being unwarranted, Harvard University President Derek Bok investigated them at the request of the Law School's dean, Elena Kagan, resulting in Harvard's complete exoneration of Dershowitz.<ref>See Marcella Bombardieri, "Academic Fight Heads to Print: Authorship Challenge Dropped from Text," Boston Globe July 9, 2005, accessed September 10, 2006:
Dershowitz sent letters, which he declined to provide to the Globe, to a variety of University of California Press officials, and even to California Governor Arnold Schwarzenegger, who is an ex officio member of the University of California's board of regents.

"I told the UC press, 'If you say I didn't write the book or plagiarized it, I will own your company,'" said Dershowitz, who argued that Finkelstein's accusations are a ploy for publicity. "The First Amendment protects mistakes that are inadvertent, but it doesn't prevent willful lies."

Finkelstein, who teaches at DePaul University in Chicago, wrote in an e-mail to Harvard Law School Dean Elena Kagan last year that his book would document that Dershowitz plagiarized The Case for Israel, and that Dershowitz "almost certainly didn't write the book, and perhaps didn't even read it prior to publication."

Last year, Kagan asked former Harvard president Derek Bok to examine Finkelstein's plagiarism allegation. Bok determined no plagiarism had occurred, law school spokesman Michael Armini said yesterday. Dershowitz also said that he refutes Finkelstein's allegations in his own forthcoming book, The Case for Peace.

Although advance copies of Finkelstein's book, Beyond Chutzpah: On the Misuse of Anti-Semitism and the Abuse of History, have already distributed to some critics, the book has undergone further changes since then.</ref>
Dershowitz and some of his prominent supporters assert that, where Finkelstein charges plagiarism, Dershowitz is engaging in what they assert to be standard scholarly practice.<ref>One of the disputes involves Dershowitz's quoting genuine direct quotations accurately from primary sources (such as Mark Twain) without explicitly attributing the secondary sources citing these quotations in which he allegedly first encountered them (such as a 1984 book entitled From Time Immemorial, by Joan Peters). See "Statement of Alan Dershowitz" and another of Dershowitz's replies to Finkelstein et al. hosted on "New Challenge to Columbia and to Chomsky, Finkelstein, and Cockburn," FrontPagemag.com July 13, 2005, accessed September 10, 2006:
For more than 20 years the terrible triumvirate of Noam Chomsky, Norman Finkelstein, and Alexander Cockburn have been falsely accusing pro-Israel writers of plagiarism and related academic offenses.[(embedded note) 2] I have been the most recent target of the selective vitriol. They have accused me of plagiarism for quoting Mark Twain and other well-known figures­ whose quotes appear in my book within quotation marks and properly cited to their original source. Their absurd accusation is that I should have cited these quotes not to their original source but rather to the secondary source in which ­they erroneously claim ­I first came across them. No one but anti-Israel zealots takes these biased charges seriously, as evidenced by the fact that not only was I cleared of all such charges by Harvard (after I brought them to the attention of the dean and president), but recently the dean awarded me a prize for “exceptional scholarship” for my current book Rights from Wrongs. [Italics added.]</ref><ref>Another essay published in Counterpunch by Neve Gordon illustrates the ongoing battle between Dershowitz and his critics over these issues.</ref>

[edit] John Mearsheimer and Stephen Walt

University of Chicago professor John Mearsheimer and Stephen Walt of Harvard, both political scientists, published in March 2006 a paper which criticizes what they describe as the "Israel Lobby" for influencing U.S. foreign policy in the Middle East away from U.S. interests and towards Israel's interests. Mearsheimer and Walt describe Dershowitz in the paper as an “apologist” for the Israel lobby. In response, Dershowitz described Walt and Mearsheimer as “liars” and “bigots,”<ref>Paras D. Bhayani and Rebecca R. Friedman, "Dean Attacks ‘Israel Lobby’: Article co-authored by KSG’s Walt stirs uproar; Dershowitz responds," The Harvard Crimson March 21, 2006.</ref> He suggested further that the paper was plagiarized from various hate sites: “every paragraph virtually is copied from a neo-Nazi Web site, from a radical Islamic Web site, from David Duke’s Web site.”<ref>Alan Dershowitz, transcript of "'Scarborough Country' for March 21," MSNBC, updated March 22, 2006, accessed September 8, 2006.</ref> Subsequently, Dershowitz wrote an extensive report challenging the factual basis of the report, calling into question the motivations of the authors and their scholarship. His report claims that the "paper contains three types of major errors: quotations are wrenched out of context, important facts are misstated or omitted, and embarrassingly weak logic is employed."<ref>Alan Dershowitz, "Debunking the Newest – and Oldest – Jewish Conspiracy:PDF A Reply to the Mearsheimer Walt 'Working Paper,'" John F. Kennedy School of Government, Harvard Law School, April 6, 2006, accessed April 6, 2006.</ref>

In a letter published in the London Review of Books, Mearsheimer and Walt respond to Dershowitz's contention that they used racist sources for their article, stating that "Dershowitz offers no evidence to support this false claim."<ref>John Mearsheimer and Stephen Walt, "The Israel Lobby," London Review of Books May 11, 2006, accessed September 8, 2006.</ref> Referring to the movement to divest from Israel, the Harvard Crimson quotes Dershowitz as telling students, “Your House master is a bigot and you ought to know that. Everyone else who signed that petition is also a bigot.”<ref>Randall T. Adams, "Dershowitz: Divestment Petitioners Are ‘Bigots,’" Harvard Crimson October 8, 2002, accessed September 8, 2006.</ref>

[edit] 2006 Israel-Lebanon conflict

In July 2006, Dershowitz wrote a series of articles defending the conduct of the Israel Defense Forces (IDF) during the 2006 Israel-Lebanon conflict against the international outcry regarding escalating Lebanese civilian deaths resulting from Israel's attempt to weaken or to destroy Hezbollah, a terrorist organization which had abducted two IDF soldiers and rocket-bombed Israeli cities within range of its southern borders with Lebanon, in whose government and with whose citizens Hezbollah wields considerable political power and influence. After the UN High Commissioner for Human Rights Louise Arbour indicated that Israeli officials might be investigated and indicted for possible war crimes, Dershowitz labeled Arbour's statement "bizarre" in an editorial, calling specifically for her dismissal and inveighing more generally against the "absurdity and counterproductive nature of current international law."<ref>Alan M. Dershowitz, "Arbour must go," National Post July 21, 2006, accessed September 7, 2006.</ref>

Dershowitz argues in the Los Angeles Times that the word "civilian" is an "increasingly meaningless word" given "the realities of modern warfare" and proposes his own neologism "the continuum of civilianality" to "reflect" them:
But just who is a "civilian" in the age of terrorism, when militants don't wear uniforms, don't belong to regular armies and easily blend into civilian populations?
We need a new vocabulary to reflect the realities of modern warfare. A new phrase should be introduced into the reporting and analysis of current events in the Middle East: "the continuum of civilianality." Though cumbersome, this concept aptly captures the reality and nuance of warfare today and provides a more fair way to describe those who are killed, wounded and punished.
Differentiating among kinds of Lebanese civilian casualties, he writes:
There is a vast difference — both moral and legal — between a 2-year-old who is killed by an enemy rocket and a 30-year-old civilian who has allowed his house to be used to store Katyusha rockets. Both are technically civilians, but the former is far more innocent than the latter. There is also a difference between a civilian who merely favors or even votes for a terrorist group and one who provides financial or other material support for terrorism.<ref>Alan M. Dershowitz, "'Civilian Casualty'? It Depends: Those Who Support Terrorists Are Not Entirely Innocent," Los Angeles Times July 22, 2006, accessed September 7, 2006.</ref>

In an editorial published in the Boston Globe several days later, Dershowitz argues that "the international community, the anti-Israel segment of the media, and human rights organizations" should not blame Israel for any dead civilians. "Israel has every self-interest in minimizing civilian casualties, whereas the terrorists have every self-interest in maximizing them—on both sides. Israel should not be condemned for doing what every democracy would and should do: taking every reasonable military step to stop the killing of their own civilians."<ref>Alan M. Dershowitz, Boston Globe "Blame the Terrorists Not Israel," Boston Globe July 24, 2006, accessed September 7, 2006.</ref>

In August 2006, as the conflict continued, Dershowitz compared Lebanon to Austria under the Nazis, arguing for the collective culpability of its civilians (again differentiating among usages of the word civilian by at times using quotation marks around it):
The "civilian" death figures reported by Lebanese authorities include large numbers of Hezbollah fighters, collaborators, facilitators and active supporters. They also include civilians who were warned to leave, but chose to remain, sometimes with their children, to serve as human shields. The deaths of these "civilians" are the responsibility of Hezbollah and the Lebanese government, which has done very little to protect its civilians. . . . Lebanon has chosen the wrong side and its citizens are paying the price. Maybe next time a democracy must choose between collaborating with terrorism or resisting terrorism, it will choose the right side."<ref>Alan Dershowitz, "Lebanon Is Not a Victim," Huffington Post August 7, 2006, accessed September 7, 2006.</ref>

[edit] Selected bibliography

[edit] Notes

<references/>

[edit] References

[edit] Articles about Alan Dershowitz

[edit] Alan Dershowitz and Noam Chomsky

[edit] Alan Dershowitz and Norman Finkelstein

[edit] Additional selected interviews with Dershowitz

[edit] External links

Wikiquote has a collection of quotations related to:

[edit] Criticism



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