Posted on 04/30/2019 6:15:58 PM PDT by SJackson
UPDATE: Judge Napolitano responded to President Trump's tweet in an interview Monday morning on FOX Business network.
In an interview cited by the president on Twitter, legal scholar Alan Dershowitz makes the case for why FOX News judicial analyst Andrew Napolitano is wrong when he says the Mueller report demonstrates that President Trump committed obstruction of justice.
"In my introduction to the Mueller report, I go through the elements of obstruction of justice. The act itself has to be illegal. It can't be an act that is authorized under Article Two of the Constitution," Dershowitz said,
"It can't be obstruction of justice if the president is acting within his authority. Nixon obstructed justice because he acted outside his authority -- destroying evidence, paying hush money, ordering his subordinates to lie to the FBI."
ANDREW NAPOLITANO: When the president asked Corey Lewandowski, his former campaign manager, to get Mueller fired, that is obstruction of justice. When the president asked his then-White House counsel to get Mueller fired and then lie about it, that's obstruction of justice. When the president asked Don McGahn to go back to the special counsel and change his testimony that's obstruction of justice... But ordering obstruction to save himself from the consequences of his own behavior is unlawful, defenseless and condemnable.
FOX NEWS HOST: Do you agree? Is this obstruction of justice?
ALAN DERSHOWITZ: I do not agree. I think Judge Napolitano is terrific and we often agree about the law, but in my introduction to the Mueller report, I go through the elements of obstruction of justice. The act itself has to be illegal. It can't be an act that is authorized under Article Two of the Constitution.
(Excerpt) Read more at realclearpolitics.com ...
Of course to most of the left and anti Trumpers on the right, winning the election was a crime, bringing obstruction into play
I think Judge Nap is an ass and always has been.
NAPOLITANO IS A #NEVERTRUMPER
I thought also, IF IT REALLY HAPPENED, which it didn’t, that Trump telling someone to fire then lie about it, i guess even in front of a committee, that it would be considered obstruction.
Desh says it’s not.
I’m not a lawyer and since his income probably 2 more digits than mine, i’ll go with his answer
Napolitano is an idiot
Nap will vote for Buttplug.
Nap is a the top of the wrong list.
I don’t agree that just because the Constitution says the President can do something doesn’t necessarily mean it couldn’t be a crime. The President is the commander in chief but he can’t order the military to do anything he wants. In this case though I agree with Dershowitz that’s it’s not even close. Even Hillary agreed that Comey should be fired. He was plainly in dereliction of his duty.
Napolitano corrected (rightly I think) by Dershowitz???
The right-wing, wrong-headed (in this case) Napolitano corrected by the flaming Leftist but right thinking (lately and in this case) Dershowitz?
Can the earth survive such monumental shits and reversals?
Napolitano seems to be getting more “suspect” every day? Bet he exposes himself as deep state really soon.
Napolitano's premise is way off. The whole Mueller investigation is unsupportable by the Constitution. If you shut down unconstitutional federal activity, that is NOT obstruction of justice.
You are so far from your tagline it's not even funny. The President can in fact order the military to do anything he wants.
There are military and political checks in place and those orders may not be followed but the President is commander in chief.
How can just ordering his attorney or aide to fire Mueller be considered obstruction? How was Mueller’s investigation in anyway impacted by that? This obstruction construction by Mueller is absolute garbage
Judge Nap has a permanent case of Sour Grapes.
His professional integrity has greatly diminished.
I guaranty you that if he ordered them to commit a massacre it would be a crime.
and what’s the definition of an order? Says who?
I can count the liberals I listen to on both thumbs; Dershowitz is one of them.
Definitely revealing that he’s not denied asking PDJT to appoint him to SCOTUS.
Dershowitz may be metamorphosing which does happen to Leftists.
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