Obstruction Charges Would Bring 'Constitutional Crisis'

If Congress charged President Donald Trump with obstruction of justice for firing former FBI Director James Comey, that would trigger a constitutional crisis, Harvard Law professor emeritus Alan Dershowitz argued Monday.

"I think if Congress ever were to charge him with obstruction of justice for exercising his constitutional authority under Article II, we'd have a constitutional crisis," Dershowitz told Fox News' "Fox & Friends" program.  

"You cannot charge a president with obstruction of justice for exercising his constitutional power to fire Comey and to tell the Justice Department who to investigate and who not to investigate."

His comments were in response to those made by Sen. Dianne Feinstein, D-Calif., who on Sunday told NBC News' "Meet the Press" program "what we're beginning to see is the putting together of a case of obstruction of justice."

President Donald Trump was quick to weigh in on Dershowitz' opinion, tweeting that the interview was a "must watch."

 
Donald J. Trump
✔
@realDonaldTrump
A must watch: Legal Scholar Alan Dershowitz was just on @foxandfriends talking of what is going on with respect to the greatest Witch Hunt in U.S. political history. Enjoy!


Dershowitz further commented that presidents throughout the nation's history have exercised their constitutional powers on investigations, said Dershowitz. "We have precedents that clearly establish that," he said. "When George Bush, the first, pardoned Caspar Weinberger in order to end the investigation that would have led to him, nobody suggested obstruction of justice."To bring such charges, there must be evidence of "clearly illegal acts," Dershowitz continued.

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