Tags: alan dershowitz | robert mueller | donald trump | firing

Dershowitz: 'Foolish' if Trump Fires Mueller; 'Really Foolish' to Seize Emails

(Fox News)

By    |   Monday, 18 December 2017 01:39 PM

It would be "foolish" for President Donald Trump to fire special counsel Robert Mueller, removing him from his probe into Russian interference in the 2016 election, but the former FBI director was "really foolish" for not getting warrants before seizing Trump's transition team's emails, Harvard Law professor emeritus Alan Dershowitz said Monday.

"It is a legal possibility [but] it would be foolish to do," Dershowitz told Fox News "America's Newsroom" anchor Bill Hemmer. "Mueller is in a good position. A lot of the American public thinks he is biased against Trump and it may lead him to lean over backwards in favor of Trump. So if I were Trump, I wouldn't try to fire him."

Dershowitz said, however, that if he was Trump, he'd continue to keep the pressure on Mueller and to continue to raise issues about several issues, including a trove of emails that the special counsel obtained from Trump's transition period.

"Mueller was really foolish in not seeking warrants for those emails," Dershowitz said. "It is a close question but why not seek the warrant? Getting warrants is like getting candy at Christmas. [They are] very easy to get. Not getting the warrant gives the defense an opportunity to challenge it in court."

Dershowitz, when asked if he thinks Mueller's perceived credibility issues are just among Republicans, reminded Hemmer that he's a Democrat and he also shares doubts about Mueller.

"I'm not a Republican, I'm a Democrat," Dershowitz said. "I think he has a credibility problem. He should have been more careful about who he hired. He should have disclosed he had taken that FBI agent off the case after his messages came out. I think he has a credibility problem on these emails without a warrant."

Dershowitz said he also thinks it is a concern if Mueller used a salacious dossier about Trump to obtain national security wiretaps.

"He has been conducting a sloppy investigation and that's atypical of him," Dershowitz said. "I'm surprised. When you are going after the president you have to be Caesar's wife. You have to be above reproach. You can't give the other side any ammunition and he has given the other side plenty of ammunition."

The matter of the emails could go either way if it hits the courts, because there would be argument over whether the transition team could be considered a government entity, or if it would be deemed as private.

"I can imagine a court saying a transition is different from a sitting president," Dershowitz said. "You just don't want to open up every single email sent by transition members to each other to be able to be reviewed by a prosecutor without something any degree of probable cause. I think it was foolish for Mueller not to take the precautionary step of seeking a warrant which he easily would have obtained."

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It would be "foolish" for President Donald Trump to fire special counsel Robert Muller to remove him from his probe into Russian interference in the 2016 election, but the former FBI director was "really foolish" for not getting warrants before seizing Trump's transition...
alan dershowitz, robert mueller, donald trump, firing
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2017-39-18
Monday, 18 December 2017 01:39 PM
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