Dershowitz: You Can’t Charge Trump with Obstruction for Exercising His Constitutional Power To Fire Comey
KILMEADE: "Really? Is that the way it is? Democratic senator 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 and author of Trumped Up, Alan Dershowitz. Professor, is she right? Do you see a case for obstruction buildingsome.
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 the fire Comey and to tell the Justice Department who to investigate, who not to investigate. That’s what Thomas Jefferson did, that’s what Lincoln did, that’s what Roosevelt did. We have precedents that clearly establish that. When George Bush, the first, pardoned Casper Weinberger in order to end the investigation that would have led to him, nobody suggested obstruction of justice. 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."