Prominent attorney, legal scholar and author Alan Dershowitz addresses some of the issues that arose from the Thursday testimony of James Comey before the Senate Intelligence Committee. He starts off with the decision of Comey to use a proxy to release his supposed memos to the New York Times. It’s a method of communication not unlike a shy first grader getting his friend to tell the girl he’s got a crush on that he likes her.
Dershowitz describes it, saying, “Well, I thought it showed a lot of cowardice. The head of the FBI, the guy’s supposed to be a strong and powerful guy and he’s afraid of a couple of seagulls. He should have had the courage to get on television and release the memos and talk about it or not talk about it. But to have some friend become his surrogate was absurd.”
He says, “I don’t know why the Senators didn’t press harder and ask him the name of the guy and then subpoena him and then subpoena the memoranda through the guy. But I have to tell you, Comey did something very good, I thought, and very right today. He said unequivocally, for the first time it’s ever been said by a public official, agreed with what I’ve been saying for the last several months, namely the President has the authority to direct the head of the FBI to stop investigating any one.”
“According to Comey,” says Dershowitz, “Comey says it is clear, under the Constitution, the President can decide who should be prosecuted, who shouldn’t be prosecuted, who should be investigated, who shouldn’t be investigated. I’ve been saying this for months and everybody has been criticizing me for saying it and now you have the Director of the FBI saying the same thing.”
Dershowitz summarizes, saying, “So I think this puts an end to any claim that President Trump obstructed justice, you can’t obstruct justice by simply exercising your power under the Constitution. You can’t be obstructing justice by firing Comey, you have the right to fire Comey. And you can’t be obstructing justice even if you told the director of the FBI to stop the investigation. Of course he didn’t do that, he just said ‘I hope you will let it go.'”
Cavuto clarifies, asking, “Even if he just said outright, ‘this thing stops now’?” Dershowitz responds, “Yes, I mean, that’s what Comey said.”
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