History, Precedent and Comey Statement Show that Trump Did Not Obstruct Justice, by Alan Dershowitz

Alan Dershowitz mounts a full-on defense of President Trump. It may well be based on his analysis of the facts and law, but consider another possibility. In Powerball, Part One, SLL speculated that Trump and Attorney General Sessions had obtained James Comey’s FBI files. Dershowitz has been linked to pedophile Jeffrey Epstein. Might Dershowitz have another motive for defending Trump? We’ll probably never know, but when you get involved with tabloid trash like Epstein, you subject yourself to tabloid-style questions and speculation. From Dershowitz at gatestoneinstitute.org:

  • The statement may provide political ammunition to Trump opponents, but unless they are willing to stretch James Comey’s words and take Trump’s out of context, and unless they are prepared to abandon important constitutional principles and civil liberties that protect us all, they should not be searching for ways to expand already elastic criminal statutes and shrink enduring constitutional safeguards in a dangerous and futile effort to criminalize political disagreements.
  • The first casualty of partisan efforts to “get” a political opponent — whether Republicans going after Clinton or Democrats going after Trump — is often civil liberties. All Americans who care about the Constitution and civil liberties must join together to protest efforts to expand existing criminal law to get political opponents.
  • Today it is Trump. Yesterday it was Clinton. Tomorrow it could be you.

In 1992, then-President George H.W. Bush pardoned Caspar Weinberger and five other individuals who had been indicted or convicted in connection with the Iran-Contra arms deal. The special prosecutor, Lawrence Walsh, was furious, accusing Bush of stifling his ongoing investigation and suggesting that he may have done it to prevent Weinberger or the others from pointing the finger of blame at Bush himself. The New York Times also reported that the investigation might have pointed to Bush himself.

This is what Walsh said:

“The Iran-contra cover-up, which has continued for more than six years, has now been completed with the pardon of Caspar Weinberger. We will make a full report on our findings to Congress and the public describing the details and extent of this cover-up.”

Yet President Bush was neither charged with obstruction of justice nor impeached. Nor have other presidents who interfered with ongoing investigations or prosecutions been charged with obstruction.

It is true that among the impeachment charges levelled against President Nixon was one for obstructing justice, but Nixon committed the independent crime of instructing his aides to lie to the FBI, which is a violation of section 1001 of the federal criminal code.

To continue reading: History, Precedent and Comey Statement Show that Trump Did Not Obstruct Justice

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