Monday on Fox News Channel’s “Fox & Friends,” Harvard Law professor emeritus Alan Dershowitz called out Department of Justice special counsel Robert Mueller for not offering definitive language in his report regarding alleged obstruction of justice by President Donald Trump.
According to Dershowitz, Mueller had a duty to come to a conclusion on the question of obstruction but failed to do so based on the letter issued to Congress by Attorney General William Barr.
“If he wanted to hedge his bets and he refused to come to a decision, he ought to go work for a hedge fund,” he said. “The job of a prosecutor is to evaluate the evidence on all sides and then come to a conclusion. This was especially important in the obstruction of justice part of the case because Rod Rosenstein should not be making any decisions related to obstruction of justice because he was involved in the firing of [FBI Director James] Comey and he has his own interests in one way rather than another way.”
“He was wrong not to say unequivocally we’ve looked at the evidence and there is no case for obstruction,” Dershowitz added. “You can’t obstruct justice if you engage in your constitutionally authorized acts – firing, pardoning, helping the Justice Department make decisions. That should have been the end of the inquiry.”
Dershowitz goes on to liken Mueller’s determination on obstruction to a law review article.
“[W]hat we don’t want to hear from Mueller is a law review article – ‘On the one hand, on the other hand,’” Dershowitz said. “That’s good for a law review article. But from a prosecutor we want, ‘No, we’re not indicting.’ That’s it. But I think the end result is what the facts pointed toward.”
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