Dershowitz: It’s the ‘Right Tactical Decision’ By the Trump Legal Team that He Should Not Testify

‘The real story here is not that this case isn’t going to fizzle’

EXCERPT:

SMITH: "President Trump’s legal team has formally responded to Robert Mueller’s proposal for a sit-down interview with the president. We don’t know the details of that counteroffer but the president’s attorneys are making it clear that they want the investigation to end saying it is going off the rails."
[clip starts]
GIULIANI: "The real story here is not that this case isn’t going to fizzle, it's going to blow up on them. The real question is, what we talked about before, there's a lot more to what they did that nobody knows about yet." 
HANNITY: "I know some of it."
GIULIANI: "A lot more -- a lot more to the obstruction of justice, to the collusion, to the fake dossier."
HANNITY: "Oh, I know a lot."
GIULIANI: "They’re trying to bring Steele back in after he was completely discredited."
[clip ends]
SMITH: "Joining me now is Alan Dershowitz, Harvard Law professor emeritus, author of 'The Case Against Impeaching Trump.' Professor Dershowitz, thank you for coming back on the program this morning."
DERSHOWITZ: "Thank you."
SMITH: "So they are surely, the president’s team, doubling down on the call for this to end. What is the strategy here when it comes to this back and forth that we’re seeing between Giuliani and Robert Mueller?"
DERSHOWITZ: "Let’s remember that the entire Trump legal team is against Trump testifying. And that’s the right tactical decision, because all Trump has to do is be asked the question did you know about the meeting in the Trump Tower with your son? And if he says no, which he has said which may very well be the truth, he has walked into a perjury trap, because Cohen has said yes. And that’s all the prosecution needs is one witness to set a perjury trap. So I think his lawyers are right to say he shouldn’t testify. But he wants to testify. And so I think what’s going on is his lawyers are making Mueller an offer he can’t accept to paraphrase 'The Godfather'. I don’t think Mueller can accept the offer and he will probably reject it and then the Trump team can say see, we wanted to sit down with the president and Mueller but it was Mueller who said no. So that way the president gets what he wants, the legal defense team seem gets what they want, and Mueller has to go to court and ask for a subpoena, which takes the case to court and takes the case away from needing a pre-election deadline that many Democrats would like to see him meet."

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