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The Trump administration is not legally required to release the full report of special advocate Robert Mueller on his investigation in Russia, said Alan Dershowitz, a Harvard Law professor, during an appearance on Fox's "Hannity" News Monday night.
While Democratic lawmakers are pressuring Attorney General William Barr to publish the entire report without any redaction, Dershowitz used the "footwear from the other foot" test to demonstrate that the Trump administration was not obliged to comply with the Democrats' demands.
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"There is nothing in the regulation that requires revealing anything," said Dershowitz, "and the best test is that of the footwear of the other foot test. [former FBI Director James] Comey's statement, if Comey had said, "We're just not going to put Hillary Clinton on the e-mails," and the Republicans said, "Wait a minute, we heard you had a report that said that she was extremely careless, we want you to release that, "the Democrats would have said," No, no, no, prosecutors are not saying anything negative about people they have not charged. " All they are supposed to do is announce "no charge".
"Well, all of a sudden everything changed," Dershowitz continued. "And it is the Democrats who want to know why there have been no accusations, they want to know what was the division between those who wanted to accuse and not to accuse the justice." The law does not authorize his release. "
Mr. Dershowitz stated that Mr. Barr could use his discretion to publish the Mueller report, but that no court should order him to disclose it in its entirety. He also warned that innocent people can crack for "perjury traps".
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"If an innocent person testifies truthfully and someone else testifies in the other way and if prosecutors choose to believe the other person, you have fallen into a trap of perjury, "said Dershowitz," that's why I think the president was right not to testify I think about Mueller and why, in my opinion, civil liberties advocates should be very concerned about expose a unilateral report to criticism, which has only given part of the story and has not given rise to charges.
"This is traditionally what is not done – and at least we must ask the courts to decide what can be shown and what can not come from the grand juries."
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