Elder Patriot – Liberal Alan Dershowitz and Conservative Joe diGenova do not often reconcile their political differences in wholehearted agreement. When it comes to special counsel Robert Mueller’s investigation into President Trump, however, they’re in complete concurrence.
Dershowitz and diGenova appeared together on a segment of Hannity last night and they were very clear that Mueller has nothing, never had anything, and is on a fishing expedition to find something to pin on President Trump.
As you listen to this video keep in mind the words of Lavrentiy Beria, Joseph Stalin’s state security administrator, chief of the Soviet security and secret police apparatus, who said: “Show me the man and I’ll find you the crime.”
Dershowitz: I have to tell you, if after a year of investigation and going after all the low-hanging fruit, and getting people not only to sing but convincing them possibly even to compose, if they couldn’t shift him [President Trump] from a subject to a target, there’s nothing there.
I challenge Mueller to tell me what statute is violated by collusion… They know [collusion isn’t a crime] but they hope that by investigating collusion they’ll get somebody to obstruct justice, to commit perjury, to commit one of these other peripheral crimes.
They always say it’s in the cover-up. It’s not the cover-up. It’s that prosecutors induce cover ups which is why innocent people shouldn’t be testifying unless they absolutely have to because you can be indicted for perjury even if you tell the truth if you say something that somebody else says is different. Because if somebody contradicts you and the prosecutor believes [or, chooses to believe] the person contradicting you’re indicted for perjury.
diGenova: Rod Rosenstein (the man who appointed Mueller special counsel), his conduct has been a disgrace – legally and every other way.
Let’s be very clear about this, the president has never been a target. The fact that he has been recently notified that he is a subject means absolutely nothing. He is not even a subject. He is a witness.
A subject is a person whose conduct is within the scope of the grand jury’s investigation. What the hell does that mean? It means they don’t have anything on him.
There have been nineteen criminal cases and not one piece of evidence against the president of the United States. And now we are told that Mueller wants to question the president of the United States who knows nothing, who has been a witness to nothing, who is not a target of the investigation.
What we are seeing now is conduct by two public officials, Robert Mueller and Rod Rosenstein, that is unethical, unprofessional, an embarrassment to the United States government, and is undermining equal enforcement of the law because of what they are doing to a president of the United States.
Rod Rosenstein single-handedly has taken away from the sitting president of the United States sixteen months of his presidency by his incompetent and fearful conduct. You know why Rod Rosenstein appointed Mueller? Because he didn’t want to make the tough decisions that would have to made if you were supervising a case being run by a United States attorney, like Huber. (Editor’s note: Jeff Sessions appointed to John Huber to conduct an investigation into the FBI and DOJ’s targeting of first candidate and then President Trump.)
Rod Rosenstein is a coward. He is a disgrace to the Department of Justice. It’s a shame that the president cannot fire him because of the political consequences.
Dershowitz: He can’t fire him but it’s amazing that he hasn’t been recused. After all, he is the main witness on whether or not obstruction of justice had occurred with the firing of James Comey. He wrote the memo!
Joe is absolutely right, they have deprived the president of the right to govern.
diGenova: What does he [Mueller] want to question the president about? He cannot ask him about the firing of Comey. That is an Article II Constitutional authority the president has to fire Comey. He had every right to fire Flynn.
Suppose they say, “what were you thinking when you fired Comey,” “what were you thinking when you fired Flynn?” These are the kind of stupid questions. This is a perjury trap.
Dershowitz: [President Trump] should [tell Mueller in front of the grand jury] you’re not allowed to ask me or question any Article II decision I make. Just like you can’t question any Senators for their vote and you can’t question justices for their vote.
If I acted within the authority of Article II, I cannot be compelled or asked why I did something.
It’s rare that Joe and I agree on anything but today we agree.
Robert Mueller learned well from Lavrentiy Beria. Having been unable to find anything to pin on President Trump he is now looking to invent a crime. He’d better hurry because his window of opportunity to prove obstruction is closing quickly.
Once the Inspector General’s report is released, it’s expected later this month, Trump will be proven right that Comey, the FBI, and the DOJ constructed a criminal conspiracy to destroy his presidency.
After Comey’s firing is determined to have been warranted, Mueller’s charges of obstruction will evaporate into thin air.