Even Alan Dershowitz Thinks Trump’s Latest Idea Is Unconstitutional

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The United States cannot send its convicted prisoners to a country that will impose cruel and unusual punishment. It has to send them to a country where the United States maintains jurisdiction over them so that they can file writs of habeas corpus. In the end, it’s a nonstarter.

— Harvard Law professor emeritus Alan Dershowitz appearing on The Record With Greta Van Susteren, rejecting Donald Trump’s latest idea to send U.S. prisoners to an El Salvadorian prison. Dershowitz, who has signed off on some of the wilder Trump legal takes, said this plan pretty clearly violated the Eighth Amendment and just “will not work.” He continued, “Also, how do you bring a writ of habeas corpus if you’re out of the country? The writ of habeas corpus is constitutionally guaranteed. It can be only suspended under certain circumstances.” And he has faith the court system will stop Trump, “My prediction is the courts will not permit American citizens who are convicted of a crime to be sent to foreign countries where they could be exposed to cruel and unusual punishment,” he said.

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