On the recordDecember 6, 2017
Now, Professor Dershowitz is not a fan of Donald Trump, and he and I probably would not agree on many issues, generally speaking. The title of his article is ``Senator Dianne Feinstein may be provoking a constitutional conflict.'' Professor Dershowitz strongly disagrees with the ranking member's statement on ``Meet the Press'' the weekend that Comey was fired: `` . . . directly because he did not agree to lift the cloud of the Russia investigation, that's obstruction of justice.'' This is how Professor Dershowitz replied: No, it isn't. . . . under our constitutional system of separation of powers, the president cannot be charged with a crime for merely exercising his authority under Article 2 of the Constitution. This authority includes firing the director of the FBI, for whatever reason or no reason. That is not to say that the President can engage in illegal conduct. But the professor's point, as I understand it, is that when a President takes an action that is within the scope of clear constitutional authority and discretion, it should be a political question not a criminal one. The Judiciary Committee still needs to investigate the circumstances surrounding Comey's firing and the Flynn investigation. Those facts may have nothing to do with the obstruction but could still provide important insight about the potential reforms of how the FBI and the Justice Department operate.…





