Alan Dershowitz Says This Legal Matter ‘Won’t End Up The Way President Trump Wants It To’

Attorney Alan Dershowitz said on Newsmax Thursday that the Supreme Court is unlikely to side with President Donald Trump if he pursues a plan to send American inmates to foreign prisons.

Trump said his administration is actively considering sending U.S. citizens to prisons in El Salvador during remarks ahead of a press briefing with El Salvadoran President Nayib Bukele. During an appearance on “The Record with Greta Van Susteren,” Dershowitz said the idea of transferring U.S. citizens to facilities in countries like El Salvador, where reports of torture and gang killings persist, would likely run afoul of the Constitution’s prohibition against cruel and unusual punishment.

“The writ of habeas corpus is constitutionally guaranteed. It can be only suspended under certain circumstances. So I don’t think this is going to end up the way President Trump wants it to end up,” Dershowitz said, explaining how habeas rights apply outside the U.S. “But he said, look, he’s going to explore the law. And if he calls me, I’ll tell him I think it’s unconstitutional. Maybe others would tell him it’s constitutional. And he tests the limits all the time.

While Dershowitz said that sending inmates to countries with reputable legal systems, like Italy, might pose different legal questions, he said the odds are overwhelmingly against courts allowing transfers to nations known for brutal prison conditions.

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