Following the release of the 37-count indictment against former President Donald Trump, legal experts Alan Dershowitz and Matthew Whitaker weighed in on the DOJ's case, raising concerns about potential political motivations and highlighting a key piece of evidence. Dershowitz, a Harvard Law professor emeritus, argued that Special Counsel Jack Smith's sole objective was to "get Trump," suggesting a biased investigation. He referenced Supreme Court Justice Robert Jackson's warning against selecting a target and then retroactively searching for an offense. 

Whitaker, former Acting U.S. Attorney General, echoed these sentiments, characterizing Smith's pursuit of Trump as an "aggressive prosecution." He pointed to Smith's previous legal setbacks, such as the 9-0 Supreme Court reversal in the Virginia Gov. Bob McDonnell case, and anticipated that the interplay between the Presidential Records Act and the Espionage Act would be a central legal issue in Trump's case. 

Despite concerns about the investigation's motivations, Dershowitz acknowledged a potentially "damning piece of evidence" presented in the indictment – a recorded conversation from 2021 where Trump admitted possessing a document he hadn't declassified. The recording captures Trump stating, "Now I can’t… but this is still a secret." Dershowitz suggested this recording could be difficult to refute, although Trump's defense might argue he had the right to possess the document under the Presidential Records Act. 

Dershowitz ultimately characterized the indictment as stronger than the previous one from Manhattan District Attorney Alvin Bragg, while still maintaining that it stemmed from targeted efforts against Trump. He noted that Trump might benefit from a "sympathetic" jury and "good judge" in Palm Beach County, where the case will be tried.