Liberal Legal Scholar Alan Dershowitz: There Is Absolutely No Case For Obstruction Of Justice
December 4, 2017
BRIAN KILMEADE: Really? Is that the way it is? Democratic Senator and Ranking Member of the Senate Judiciary Committee, Dianne Feinstein, who's being primaried, by the way, claiming she sees an obstruction of justice case forming against President Trump. Is there actually a case? Let's ask Harvard Law School professor, life-long Democrat, and author of "Trumped Up," it’s out right now, Alan Dershowitz. Professor, is she right? Do you see a case for obstruction building?
ALAN DERSHOWITZ: No, I don't. And I think if Congress ever were to charge him with obstruction of justice for exercising his constitutional authority under Article II, we'd have a constitutional crisis. You cannot charge a President with obstruction of justice for exercising his constitutional power.
DERSHOWITZ: For obstruction of justice by the President, you need clearly illegal acts. With Nixon, hush money paid, telling people to lie, destroying evidence. Even with Clinton they said that he tried to influence potential witnesses not to tell the truth. But there's never been a case in history where a President has been charged with obstruction of justice for merely exercising his constitutional authority. That would cause a constitutional crisis in the United States, and I hope Mueller doesn't do that, and Senator Feinstein simply doesn't know what she's talking about when she says it's obstruction of justice, to do what a President is completely authorized to do under the Constitution.
KILMEADE: Right, so let me get specific, for example, going up to the Chairman of the Senate Intelligence Committee and saying to Senator Burr, 'Hey, guys, can you wrap this up? Where are you at with this committee, can you wrap this up quick?’ Is that obstruction?
DERSHOWITZ: Of course not. The President has the authority to speak to Congress, tell Congress what he wants them to do, and Congress has the power to say, no, we have separation of powers. You can't have obstruction of justice by each party under the separation of powers exercising their authority.
DERSHOWITZ: And the other thing they're claiming is that by the President trying to influence foreign policy during his transition, for example, by having Flynn talk to the Russian Ambassador, Kislyak, and say 'Please either vote against the U.N. resolution or delay the U.N. resolution,’ somehow that's wrong. That was the right thing to do.
DERSHOWITZ: I think he did absolutely the right thing by trying to stop the President lame duck from tying his hands.
Foreign Relations Russia