SANDRA SMITH (CO-ANCHOR): So the clock's ticking, the deadline's set, what happens?
ALAN DERSHOWITZ (HARVARD LAW PROFESSOR): She has to testify. And look, nobody should be referring to her as a victim or him as a perpetrator until we hear from both of them under oath, subject to cross-examination. There is nothing more essential to American justice than the opportunity to cross-examine your accuser, to confront your accuser. It's in the Constitution. Essentially, it goes back to Magna Carta, the idea that we're calling somebody a perpetrator and somebody else a victim, based simply on he said, she said is just wrong. And it's un-American. She should testify. They should also call in Judge and any other witnesses who were at the party, who claim they weren't at the party, sure let them broaden it beyond the two of them. As far as the FBI investigation is concerned, don't count on that. There is not going to be very much the FBI can do. First of all, it's not an alleged federal crime. Second, the FBI doesn't make credibility judgments. All it does is investigate and try to get all the witnesses on board.
...
DERSHOWITZ: [The FBI has] no jurisdiction to investigate a crime, but they do have jurisdiction to do a background evaluation. A background evaluation, I know we've all been asked, people come to you and say, “Do you know him? What do you think of him?” They can do a background evaluation, but they can do it after her testimony. It makes much more sense for her to testify. She's not going to learn anything new from the FBI investigation. Her testimony won't change based on the FBI investigation. She testifies, if she provides new information, the FBI can look into it then.
SMITH: You started out by saying very specifically how the Constitution works and how that it is quite clearly being ignored here.
...
BILL HEMMER (CO-ANCHOR): The point [The View's Joy Behar] is making is that he's guilty and he has to prove himself innocent.
DERSHOWITZ: Look, that's what has happened today with the #MeToo movement. In fact, in many respects, men are denied even the opportunity to prove their innocence. In colleges today and universities, it's enough for a preponderance of the evidence. That means 51 percent. That means 49 out of every 100 people accused on a college campus and convicted may well be innocent.
