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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: Bob434

OHHH

So he could have fired mueller but not shut down the case?


41 posted on 04/30/2019 10:29:19 PM PDT by dp0622 (The Left should know if.. Trump is kicked out of office, it is WAR)
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To: CincyRichieRich

Nap is being DONE by Buttplug.


42 posted on 04/30/2019 11:08:32 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: lee martell

“professional integrity”?
When did that faggot EVER have any professional (or personal) integrity?


43 posted on 04/30/2019 11:12:08 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: Flaming Conservative
"Old school liberal. Some of them aren’t half bad."

---------------

Yes. "..."Classical liberalism" is the term used to designate the ideology advocating private property, an unhampered market economy, the rule of law, constitutional guarantees of freedom of religion and of the press, and international peace based on free trade..."

I would add: Limited government and a respect for natural law.

44 posted on 04/30/2019 11:12:20 PM PDT by Sa-teef
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To: onyx

But only after he was turned down for an appointment to the Supreme Court

Pig!


45 posted on 05/01/2019 12:57:56 AM PDT by dirtymac (Now is the time for all good men to come to the aid of their country! Now)
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To: Sa-teef

Hear, hear!


46 posted on 05/01/2019 12:58:52 AM PDT by Flaming Conservative ((Pray without ceasing))
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TRUMP wasn't lying about Judge Napolitano

Judge Nap really really thought TRUMP would nominate his wishy washy Libertarian old old old a$$ to the Supreme Court? LOL



Napolitano told friends he was on Trump's Supreme Court shortlist

47 posted on 05/01/2019 1:21:38 AM PDT by KavMan
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To: KavMan

Nap is a puffed up ego maniac. Look no further then the story you noted. First order gasbag.


48 posted on 05/01/2019 1:28:56 AM PDT by mad_as_he$$
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To: SJackson

Trump is playing Napolitano for the stooge that he is. LOL


49 posted on 05/01/2019 1:48:29 AM PDT by marajade (Skywalker)
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To: SJackson

Judge Nap is mostly wrong about stuff. Not sure why they keep him around.


50 posted on 05/01/2019 3:23:45 AM PDT by knighthawk (We will always remember We will always be proud We will always be prepared so we may always be free)
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To: SJackson

What Nap is suggesting is that Trump is guilty of thought and speech crimes. He’s not pointing out something Trump actually did to obstruct. Aside from which, as Desrhowitz points out, Trump could have fired Mueller using his article 2 powers.


51 posted on 05/01/2019 3:34:21 AM PDT by IamConservative (I was nervous like the third chimp in line for the Ark after rain had started falling.)
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To: bigbob

Judge Nap is showing his true colors - Yellow.


52 posted on 05/01/2019 6:50:52 AM PDT by ohioman
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To: CincyRichieRich

Always kind of wondered about nappy with his watery eyes. For some reason, it seems to be a physical characteristic of gay guys.


53 posted on 05/01/2019 7:44:21 AM PDT by Pollard (If you don't understand what I typed, you haven't read the classics.)
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To: dp0622

im not saying he should hav-e but he had every right to do so- he didn’t- even if he had, it still wouldn’t have been obstruction- but again- he didn’t fire him- te left are trying to make the case that because he ‘wanted to’ it’s obstruction’- legally it wouldn’t have been- napolitiano is wrong on this even according to the liberal dershowitz-


54 posted on 05/01/2019 9:13:22 AM PDT by Bob434
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To: dp0622

please see post #51 for a better explanation- The answer is yes, he coudl have fired mueller even, and not shut the case down and that wouldn’t have been obstruction- however the left would have gone absolutely mental (or should i say more mental) and they would have been blind with rage, frothing at the mouth, and practically incoherent had he done so- in other words- not much different than they are now- just more intense-


55 posted on 05/01/2019 9:17:49 AM PDT by Bob434
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To: Bob434

Great explanation. Thanks.


56 posted on 05/01/2019 12:38:34 PM PDT by dp0622 (The Left should know if.. Trump is kicked out of office, it is WAR)
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To: SJackson

Nappy hates the President because he wouldn’t give his friend a judgeship or sumping.


57 posted on 05/01/2019 12:57:21 PM PDT by Stepan12 (potusm)
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