Alan Dershowitz said Saturday that "the Republicans and Democrats are playing the same dangerous game" amid reports that special counsel Robert Mueller has obtained a grand jury indictment in the probe in Russian meddling in last year's election.
"If they don't like something, they say: 'Crime, lock her up, lock him up, impeach,'" the Harvard Law School professor emeritus told "Fox & Friends" on Fox News. "That's not the way this works.
"There is no crime to create a dossier unless somebody said to somebody else: 'Do something criminal. Hack the Democratic National Committee. Do something illegal.'
"But just gathering negative information? It's not a crime."
CNN reported Friday that the Mueller indictment, the first in the Moscow probe, remained under seal by a federal judge's order.
The charges were expected to be revealed Monday, NBC News reported Saturday.
In addition, The Washington Free Beacon disclosed Friday that it initially paid Fusion GPS to develop what later became the unsubstantiated dossier on President Donald Trump during last year's campaign.
The Clinton campaign and the DNC then began paying Fusion in April 2016 after the Free Beacon, financed primarily by conservative hedge fund billionaire Paul Singer, dropped out.
On the dossier, Dershowitz told Fox that "what's bad for one party is bad for another party.
"The Democrats have dug themselves into a hole. They've been arguing over and over again that what Trump did was illegal.
"Now, people are coming back saying what the Democrats did was illegal.
"Neither side committed crimes," he said.
Dershowitz also reiterated his longtime opposition to a special counsel in the Russia case, calling instead for an independent citizen's commission.
"There never should have been a special council appointed," he told Fox. "There should have been an independent bipartisan commission, much like the 9/11 commission.
"Let them look into whether there was any collaboration between either side," he said. "All Americans have a right to know that.
"But this finger-pointing and 'lock them up' has to stop because it endangers our constitution, our civil liberties and the rule of law."
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