Democrats giddy to ensnare President Donald Trump by drudging up some arcane statute will not be able to neatly pack that ruling back into the box they pulled it out of, Harvard Law professor Alan Dershowitz said Monday.
"This is selective injustice against a particular president who was unpopular with Democrats," Dershowitz, himself a liberal who voted for Hillary Clinton, told Fox News' "Tucker Carlson Tonight."
"I comfort myself by knowing that almost all of these people would be on the other side if the shoe were on the other foot," he said. "It's partisan politics."
The obstruction of justice statute being cited against Trump is "vague," Dershowitz said, because it is hard to prove whether the president had a corrupt motive in suggesting then-FBI Director James Comey "let this go" in relation to the Gen. Michael Flynn investigation.
"Do you really want the presidency to turn on a subjective definition of a corrupt motive, rather than on objective evidence of bribery, lobbying, destroying evidence?" Dershowitz said. "My argument is, yesterday it was Hillary Clinton. Today, it's Donald Trump. Tomorrow, it could be you."
Rather than taking his advice, Dershowitz said, Democrats "are falling all over themselves trying to find a statute that they can expand and they can apply only to Donald Trump and then, they will bury the statute and try to put it back in its crib."
At one point, Democrats were suggesting Trump or Flynn should be charged under the Logan Act for talking to Russia during his transition period. The act, which dates almost back to America's founding, has not been enforced since 1803.
But Democrats think they can resurrect it, apply it to Trump, then give it an "honorable burial," Dershowitz said.
But the law works on precedent, and "What you do to Donald Trump today becomes a precedent and can be used against Democrats and independents or anybody in the future," he said. "That's why all Americans who care about civil liberties, who care about constitutional rights, ought to be very concerned about the investigation that's being conducted and targeting Donald Trump — whether you like him or not."
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