Dershowitz: Constitutional Crisis Could Occur If Mueller Probes Trump’s Motives in Exercising Constitutional Authority To Fire Comey

‘The FBI sought to interfere in the election’


HANNITY: "I saw your comments that you fear that they’re going to try and said, go after obstruction of justice. It was supposed to be about collusion. Explain your fear."
DERSHOWITZ: "Well, my worry is that a constitutional crisis could be started if Mueller starts probing the president’s motives as to why he exercised his constitutional authority to fire Comey. Why he exercised his constitutional authority and telling Comey, if he did, to go easy on Flynn. Those are actions that are definitely for an Article 2 with the Contitution. And prosecutors simply do not have authority to probe the motives and try to get into the brain of the president any more than when President Bush pardoned Caspar Weinberger to prevent himself from being targeted. Nobody thought to probe his mind or the workings of his mind. And so, I think one possibility is for the president to say, look, I’ll answer questions about criminal conduct, alleged criminal conduct but I won't answer questions about my motives in exercising my constitutional authority, and if you press me on that we’ll take that issue up to the United States Supreme Court, we'll get that resolved before anybody can be charged with anything relating to obstruction of justice for exercising constitutional rights."

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