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Dershowitz on Probe Outcome: Flynn Will 'Probably' Be Indicted

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By Bill Hoffmann   |   Friday, 16 Jun 2017 03:00 PM

Renowned civil-rights lawyer Alan Dershowitz has issued a prediction as to how the federal probe into whether the Trump campaign colluded with Russia in influencing the 2016 presidential election will shake out.

"I think it's going to end up probably with the indictment of [former national security adviser Michael] Flynn or possibly some others — and very well may end up the president pardoning them," Dershowitz said Friday to Newsmax TV's Miranda Khan on "Newsmax Now."

"That's I think the most likely outcome. I do not think we will see the president indicted or charged or impeached unless more information of a very different kind emerges.

"But based on what we now know I think the people who are vulnerable are Flynn particularly and perhaps some others during the campaign who may have had improper contacts based on financial considerations with the Russians — but that remains to be seen."

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For the moment, Dershowitz believes, President Donald Trump — who has repeatedly protested his innocence in any wrongdoing in connection with Russia, including possible obstruction of justice — appears to be off the hook.

"Right now I do not see the president as being vulnerable to either criminal charges or impeachment. Impeachment of course is a political act so it's not constrained by the law in the same way that a criminal charge is constrained by the law."

Dershowitz, a retired Harvard Law professor, said special counsel Robert Mueller, appointed by the Justice Department to probe the Russia matter, is "rightfully" moving the investigation along rapidly.

"If you have a job, you do it quickly. You do it thoroughly. You investigate everything. I think the key point would come when he comes to the conclusion that the president may very well have tried to stop the investigation and then his legal advisors tell him that's his constitutional authority," Dershowitz said.

"He has the right to do that. He could've pardoned Flynn. He could've directed the head of the FBI to stop the investigation. That's within his authority. The law should be changed. It should not be within within the authority of the president to direct the head of the FBI what to investigate and what not to investigate."

He told Khan that Trump, who has condemned the investigation in a series of fiery tweets, should not attempt to fire Mueller.

"I don't think the president should fire him. I think it would be an outrage if the president fired him. I don't think it should be legal for the president to fire him," he said.

Dershowitz also said he does not see any reason for Deputy Attorney General Rod Rosenstein to recuse himself from any matters involving the Russia investigation — a possibility Rosenstein is reportedly mulling, according to ABC News.

"I don't see the basis right now for recusal but if he becomes the subject of investigation himself and there were some rumors about that, obviously he would have to recuse. We'd have to go down to the next level, probably the head of the criminal division and below that," he said.

"There are enough people in the Justice Department to conduct this investigation even if there is recusal.

"I also have heard rumors that Rod Rosenstein said he would quit in protest if the president fired Mueller who he appointed. That would be a perfectly appropriate political response to what would be a very wrong political decision by the president to fire the special counsel."

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Renowned civil-rights lawyer Alan Dershowitz has issued a prediction as to how the federal probe into whether the Trump campaign colluded with Russia in influencing the 2016 presidential election will shake out.
alan dershowitz, probe, outcome, michael flynn, indictment
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2017-00-16
 

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