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In an interview cited by the president on Twitter, lawyer Alan Dershowitz explains why Andrew Napolitano, forensic analyst at FOX News, is wrong, claiming that the Mueller report shows that President Trump has obstructed justice.
"In my introduction to the Mueller report, I review the elements of obstruction of justice.The law itself must be illegal.It can not be acted of a law authorized under Article Two of the Constitution, "said Mr. Dershowitz.
"It can not be a hindrance to justice if the president acts within his authority." Nixon hindered justice because he acted outside of his authority – destroying evidence, paying money ordering his subordinates to lie to the FBI. "
…. Since Andrew came to my office to ask that I appoint him to the US Supreme Court, and I answered NO, he was very hostile! Also asked for forgiveness for his friend. A good "buddy" of low odds Shepard Smith.
– Donald J. Trump (@realDonaldTrump) April 28, 2019
ANDREW NAPOLITANO: When the president asked Corey Lewandowski, his former campaign manager, to fire Mueller, it is an obstacle to justice. When the president asked his White House lawyer, at the time, to have Mueller fired and lied about it, it is an obstacle to justice. When the president asked Don McGahn to return to the special council and change his testimony, which is a hindrance to justice … But to order an obstruction to protect oneself from the consequences of one's own behavior is illegal, defenseless and condemnable.
FOX NEWS HOST: Do you agree? Is it an obstruction of justice?
ALAN DERSHOWITZ: I do not agree. I think that Judge Napolitano is great and that we often agree on the law, but in my introduction to the Mueller report, I review the elements of the obstruction of justice. The act itself must be illegal. It can not act of an act authorized under Article two of the Constitution.
FOX NEWS HOST: So, firing the FBI director can not–?
DERSHOWITZ: This is not even a close case.
The best analogy is President George H. W. Bush pardoned Casper Weinberger on the eve of his trial in order to put an end to the Iran-Contra investigation. The special prosecutor said that he had done so for this reason. Nobody suggested obstruction. It can not be an obstacle to justice if the president acts within the limits of his authority.
Nixon obstructed justice because he was acting outside of his authority – destroying evidence, paying for hiding places, ordering his subordinates to lie to the FBI.
HOST OF FOX NEWS: Napolitano said that he had told people to write letters on file, he had told people to go out to give messages.
DERSHOWITZ: No obstruction to justice, these are all legal acts. If he told anyone to lie before a grand jury, it would be a hindrance to justice.
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