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Dershowitz: Napolitano Is Wrong About Obstruction Of Justice, "Not Even A Close Case"
Real Clear Politics ^ | April 28, 2019 | Tim Hains

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 ...


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections
KEYWORDS: 911truther; alandershowitz; andrewnapolitano; dershowitz; dnctalkingpoint; dnctalkingpoints; jamescomey; lisapage; peterstrzok; robertmueller; thedersh
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To: Brilliant

I guarantee you that if Trump ordered them to pick up cigarettes it would be a lawful order.

Which is Dershowitz’s point, and he has owned both you and Napolitano.


21 posted on 04/30/2019 7:16:09 PM PDT by MrEdd (Caveat Emptor)
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To: SJackson

And this moron thought he should be on the Supreme Court.


22 posted on 04/30/2019 7:26:37 PM PDT by Fido969 (In!)
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To: bigbob

The judge and ass are a thing. He’s in to them. Or they are in to his.

The guy was a nothing judge years ago.

Fox has jumped the shark.


23 posted on 04/30/2019 7:32:25 PM PDT by isthisnickcool (Say what you will about The Donald, but he has all the right enemies.)
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To: Jim 0216

This has nothing to do about right or left thinking.

Dershowitz is smart. Very smart. And is a Constitutional scholar.

Even though he is a liberal he will follow the Constitution to the letter. No way I’d put money on anyone who would go up against Dershowitz.


24 posted on 04/30/2019 7:39:38 PM PDT by ladyjane
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To: MrEdd

Uh, no that was my point. Picking up cigarettes is not a crime. Neither was firing Comey. Dershowtz’s argument was that if it is authorized by the constitution it can’t be a crime even if it would otherwise be a crime, which does not necessarily follow as shown by the example I gave. My point is that firing Comey wasn’t a crime irrespective what the constitution says. True the fact that the constitution gives the President power to fire makes it a more difficult case but not impossible.


25 posted on 04/30/2019 7:40:40 PM PDT by Brilliant
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To: onyx

Nap wanted to be nominated for SC, Trump said No and that’s when he turned.


26 posted on 04/30/2019 7:42:11 PM PDT by libh8er
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To: bigbob; All

Fox should dump Munster Nappy.


27 posted on 04/30/2019 7:50:46 PM PDT by Cobra64 (Common sense isnÂ’t common anymore.)
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To: Michael.SF.

Alan appears more conservative than many Republicans.


28 posted on 04/30/2019 7:53:44 PM PDT by Cobra64 (Common sense isnÂ’t common anymore.)
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Comment #29 Removed by Moderator

To: ladyjane

You follow the Constitution as written and originally understood and intended.

No one can support the ACLU and say they are truly supporting the Constitution.

Dershowitz is undergoing some kind of change. My guess, he’s woken up to he fact the Left HATES the Jews, of which he is one.


30 posted on 04/30/2019 8:08:49 PM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: libh8er

Trump’s a sharp observer.


31 posted on 04/30/2019 8:11:07 PM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: SJackson
monumental shiFts and reversals, that is...
32 posted on 04/30/2019 8:12:47 PM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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To: dp0622

actual obstruction of justice would have been if trump ordered a shutdown of the case against him- firing individuals is not obstructing, as others can and did fill their jobs- and the investigation went on unimpeded- Trump was fully within his rights to fire anyone he liked- he was not allowed to shut down the investigation however, which he never even attempted to do- The left are trying to inflate a perfectly legal act, firing comey- with obstruction- but it’s a lie- there was no obstruction- they will not let this issue rest- and will hammer trump for the next 24 years of his reign as president


33 posted on 04/30/2019 8:13:09 PM PDT by Bob434
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To: SJackson

Talk is one thing, doing it is another. That’s why I feel like beating Eddie Munster in the head with a croquet mallet. Arrest me for attempted murder!


34 posted on 04/30/2019 8:25:54 PM PDT by Bommer (Help 2ndDivisionVet - https://www.gofundme.com/mvc.php?route=category&term=married-recent-amputeca)
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To: SJackson

Poetic justice demands that each and every person that wants Trump on obstruction of Justice undergo two years of being investigated under a ridiculous pretext and if they show any sign annoyance they should be thrown in jail for “Obstruction of Justice”.


35 posted on 04/30/2019 8:27:25 PM PDT by AndyTheBear
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To: Cobra64

Old school liberal. Some of them aren’t half bad.


36 posted on 04/30/2019 8:46:10 PM PDT by Flaming Conservative ((Pray without ceasing))
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; 2ndDivisionVet; azishot; ...

p


37 posted on 04/30/2019 8:50:10 PM PDT by bitt (The pain IS coming!!!)
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To: SJackson

Nap is hard left.


38 posted on 04/30/2019 9:10:54 PM PDT by NoLibZone (America's dead. Gone. Get used to it. The Trump admin & Smollett has shown the experiment has ended.)
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To: SJackson
Looky Here - Now We Finally Know Why Judge Napolitano Turned On President Trump...
www.citizenfreepress.com  | April 29, 2019 9:27 am | Staff

- Ever since Andrew came to my office to ask that I appoint him to the U.S. Supreme Court, and I said NO, he has been very hostile! Also asked for pardon for his friend. A good "pal" of low ratings Shepard Smith.

- Donald J. Trump (@realDonaldTrump) April 28, 2019

"Ever since Andrew came to my office to ask that I appoint him to the U.S. Supreme Court, and I said NO, he has been very hostile! Also asked for pardon for his friend. A good ?pal? of low ratings Shepard Smith,"

Read full story at American Thinker.:

https://www.americanthinker.com/blog/2019/04/judge_nap__the_mendacious_magistrate.html


39 posted on 04/30/2019 9:45:20 PM PDT by VideoDoctor
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To: bigbob

Bingo!


40 posted on 04/30/2019 10:13:50 PM PDT by jospehm20
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