Legal icon Alan Dershowitz says it takes a “hope over reality” delusion for President Trump’s critics to accuse him of obstruction of justice regarding the FBI’s Russia investigation.
Mr. Dershowitz, appearing Monday on Fox News’ “Fox and Friends,” dismissed claims by Sen. Dianne Feinstein, ranking Democrat on the Senate Judiciary Committee, that her colleagues are “putting together” a case of obstruction of justice against the president due to his firing of former FBI Director James Comey in May.
“Sen. 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,” said Mr. Dershowitz, Harvard Law School professor emeritus. “The president could have pardoned [Former White House National Security Adviser Michael] Flynn if he were really thinking about trying to end this investigation. He would have pardoned Flynn, and then Flynn wouldn’t be cooperating with the other side, and the president would have had the complete authority to do so.
“Flynn never would have been indicted, never would have turned as a witness against him, so I think the fact that the president hasn’t pardoned Flynn — even though he has the power to do so — is very good evidence there’s no obstruction of justice going on here,” Mr. Dershowitz said.
Flynn pleaded guilty in federal court Friday of lying to the FBI during its investigation into Russia’s meddling into the 2016 election.
Mr. Dershowitz said that it would take evidence of “clearly illegal acts” to successfully take down a president.
“There’s never been a case in history where a president has been charged with obstruction of justice for merely exercising his constitutional authority,” the lawyer said. “That would cause a constitutional crisis in the United States.”
• Douglas Ernst can be reached at dernst@washingtontimes.com.
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