Alan Dershowitz dismissed claims that President Donald Trump obstructed justice by firing James Comey on Monday's “Fox & Friends.”
“If Congress were ever to charge him with obstruction of justice for exercising his constitutional authority under Article II, we'd have a constitutional crisis,” Dershowitz said. It's well within the president's power to fire those that work beneath him. This ensures that all public servants in the federal bureaucracy are beholden to the people through the elected president.
“There's never been a case in history where a president has been charged with obstruction of justice for merely exercising his constitutional authority. That would cause a constitutional crisis in the United States,” Dershowitz continued. Trump also has a constitutional authority to tell the U.S. Department of Justice who to investigate and who not to investigate, according to Dershowitz.
“That's what Thomas Jefferson did, that's what Lincoln did, that's what Roosevelt did. We have precedents that clearly establish that.”
Senator Dianne Feinstein (D-CA), ranking member on the Senate Judiciary committee, claimed that there is a case to be made for obstruction of justice on Sunday's “Meet The Press.”
“Sen. Feinstein simply doesn't know what she's talking about,” Dershowitz responded. “The president could've pardoned Flynn if he were really thinking about trying to end this investigation and Flynn wouldn't be cooperating with the other side ... he would've had the complete authority to do so.”
Dershowitz went further saying that Flynn talking to the Russian ambassador during the transition period about the U.N. resolution was the “right thing to do to stop the president — lame duck — from tying his hands.”