President Donald Trump Thursday gave a "so true" on Twitter to Harvard Law Professor Emeritus Alan Dershowitz, after the legal expert commented that the leaked portions of an inspector general's report on fired FBI Director James Comey proves that there was never a need for special counsel Robert Mueller's investigation into Russia.
Dershowitz, speaking on Fox News' "Fox & Friends," said he has several conclusions about the report, after ABC reported Wednesday, citing sources who have seen a draft compiled by Department of Justice Inspector General Michael Horowitz.
"Number one, somebody leaked it because they are afraid it's going to get changed," said Dershowitz. "They want people like us to see the original."
He added that he hopes Horowitz hangs onto his regular draft, so he can be questioned about it.
"Second, it proves that we never needed a special counsel," Dershowitz continued. "We have the inspector general. He is independent. He does a great job. All of this could have been done through the Justice Department, regular lawyers. You don't need to bring in a multi-million-dollar group of people with a target on the back of specific individuals. That's not the way justice should operate.
"Horowitz's job is to make recommendations based on his report, but Congress has power to demand that he produce his original document and see if anything was changed and why.
"Let's be fair, if there is something negative about Comey and Comey's lawyer comes and says, no, this isn't accurate, here is prove it isn't accurate, it should be changed," said Dershowitz. "That's due process. If it's changed for political reasons, that's very different."
Dershowitz, though, said that when the IG's report comes out, it will be different than the original, but "we are entitled to see every single draft and know what was changed."
Meanwhile, Comey's former deputy Andy McCabe has demanded immunity for testifying before the Senate Judiciary Committee, and Dershowitz said he should not get immunity unless he has "something substantial to offer."
"If he has nothing to offer, they call him, he takes the Fifth, and people can make their own judgments about that," said Dershowitz.
"He has to proffer. His lawyer has to come in and say if you give me immunity, I'm going to give you A, B, C, D. They have to say wow, that looks pretty good. How about if you give us E and F, also. It's a negotiation. In the end he will probably get it."
However, if the DOJ realizes McCabe could face criminal charges himself, he would not get immunity for testifying, said Dershowitz.
"They don't want to be Ollie North," said Dershowitz. "He got immunity. He was convicted and then the D.C. Circuit [Court] overruled it and reversed it."
He also commented about statements being made by Trump, and the comments that are coming from the president's attorney, Rudy Giuliani.
"It's the most ridiculous thing to constantly say the president is saying is he above the law," said Dershowitz.
"The president's spokesman says no one is saying is he above the law.What he is saying is the law gives me certain authority, like the law doesn't allow to you prosecute members of Congress for what they said on the floor."
He also said he wishes Giuliani would stick to representing Trump and "not opine on North Korea."
"It's very hard to do many things at the same time," he said. "Rudy is a brilliant guy. He has a million ideas. When you are representing the president, you have to stick to lawyering. And if he does that he will really serve the interest of the president because is he a great lawyer."
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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