Alan Dershowitz Says Trump Cannot Be Charged With Obstruction of Justice…and Trump Agrees


Harvard Law professor Alan Dershowitz appeared on Fox & Friends Monday morning to co-sign an argument being made by President Donald Trump’s legal team in light of the metastasizing Russia investigation: “you cannot charge a president with obstruction of justice.”

The discussion of obstruction of justice kicked off at the end of last week, when Michael Flynn pleaded guilty to lying to the FBI, and it was reported he intends to fully cooperate with special counsel Robert Mueller’s investigation into the Trump campaign’s ties to Russia.

A number of tweets sent out by the president in response led many to believe he was admitting to attempts to obstruct the investigation — though Trump lawyer John Dowd said that a president cannot be guilty of such a crime.

The focus on obstruction of justice by Trump and his legal team looks like an indication that they believe that’s where Mueller’s probe is headed, and are making early attempts at discrediting his findings.

Dershowitz, a frequent Fox News contributor, agreed with that conclusion on Fox & Friends.

“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,” Dershowitz argued. “You cannot charge a president with obstruction of justice for exercising his constitutional power the fire [former FBI director James] Comey and his constitutional authority to tell the Justice Department who to investigate, who not to investigate.”

“There’s never been a case in history where a president has been charged with obstruction of justice for merely exercising his constitutional authority,” he continued, before claiming that Sen. Dianne Feinstein, who said a case that Trump obstructed justice is being assembled, “simply doesn’t know what she’s talking about.”

In case there was any doubt that Trump wants to see the obstruction of justice argument disposed of, he tweeted this out Monday morning:

[image via screengrab]

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Aidan McLaughlin is the Editor of Mediaite. Send tips via email: Ask for Signal. Follow him on Twitter: @aidnmclaughlin