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Alan Dershowitz: ‘Rod Rosenstein Should Recuse Himself’ and Sessions Could ‘Unrecuse’ Himself

This morning, famed attorney Alan Dershowitz appeared on Fox News to discuss the ongoing Russia probe and some of the recent reports revolving around the FBI and Department of Justice, notably surrounding FBI agent Peter Strzok and his past anti-Trump texts. One thing the lawyer was asked about involved Attorney General Jeff Sessions’ recusal from the Russia probe.

“Could he unrecuse himself?” host Ed Henry asked, noting that Sessions’ recusal was related to the entire 2016 presidential campaign and not just the investigation into Russian election meddling.

“He could,” Dershowitz stated. “The law certainly allows anyone who’s recused themselves to change that if there are new developments and new circumstances.”

Dershowitz, who has been quite critical of the Russia probe, said that one of the “new developments” is that Deputy Attorney General Rod Rosenstein “should recuse himself,” claiming it’s because Rosenstein “is a witness.”

“If there’s any investigation into obstruction of justice for firing [former FBI Director James] Comey — and there shouldn’t be, that’s a constitutionally protected act — but if that is part of the investigation, then Rosenstein is a key witness,” the attorney declared. “He wrote the crucial memo.”

It should be noted that Rosenstein has recently said he has seen no good cause to fire Special Counsel Robert Mueller. Meanwhile, Dershowitz added that he didn’t think that Sessions would withdraw his recusal because he’s “safely away from the line of fire” and he wouldn’t want to get involved.

He agreed with Henry that Strzok should no longer be with the FBI over the text messages he sent criticizing Donald Trump. Additionally, he said that he believes Sessions is in a tough position regarding that decision and that the AG would probably like to get out of the role.

Watch the clip above, via Fox News.

[image via screengrab]

Follow Justin Baragona on Twitter: @justinbaragona

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