Despite hoping for "disarmament" in the attempts to criminalize political differences, legal expert Alan Dershowitz told Newsmax TV a "radical Democrat" winning the White House could go after President Donald Trump like a "banana republic."
"I want to see disarmament," Dershowitz told Wednesday's "Newsmax Now." "I want to see both sides lay down the weaponization of criminal justice. I want to see [us] stop using the criminal law against political enemies on both sides and I think Democrats and Republicans are equally guilty here. We need disarmament.
". . . Let's use the criminal law only when there's just clear, unequivocal violation of existing statutes."
But Dershowitz, author of "The Case Against Impeaching Donald Trump," told host John Bachman, after the Robert Mueller testimony Wednesday, it is possible obstruction of justice charges against President Trump could brought by a "radical Democrat" after the President Trump leaves office.
"The nightmare theory is that the Democrats win the election, radical Democrats win the election, and they instruct the attorney general, 'let's do what we do in banana republics; let's go after the outgoing president, and let's put him on trial," Dershowitz lamented.
"I don't think it's gonna happen. I hope it's not gonna happen. But with some members of the Democratic Party, it could happen."
Dershowitz's two takeaways from the House congressional hearings with Mueller on Wednesday were:
- Call it the "Staff Report," not the Mueller report, because "it's not even clear Mueller knows what's in it," Dershowitz said.
- Prosecutors need to strike the word "exonerate" from their vocabulary. "Who's ever heard of that term in terms of prosecutors," Dershowitz said. . . . That's a political term."
And both sides of the House's political aisle missed the crux in interviewing Mueller, according to Dershowitz.
"Can the president be if convicted of obstruction of justice if he were to have fired Mueller?" Dershowitz asked. "Nobody asked the fundamental legal question: Can a president be convicted of obstruction of justice for exercising his authority under Article II of the Constitution?"
Legal precedent says, "no," a president cannot obstruct justice by exercising his constitutional authority, Dershowitz answered.
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