Feinstein says an obstruction of justice case against Trump is building

President Donald Trump gestures as he walks towards Air Force One at John F. Kennedy International Airport in New York Saturday Dec. 2 2017. Trump spent the day in New York attending a trio of fundraisers

"You can not charge a President with obstruction of justice for exercising his constitutional power", Professor Alan Dershowitz told Fox News recently.

Comey, who was sacked by Trump in May, testified in June that the president told him, "I hope you can see your way clear to letting this go, to letting Flynn go", during a White House meeting on February 14, a day after Flynn's ouster.

The California senator said the most important instance was Trump's firing of former FBI Director James Comey, which she believes was "directly because he did not agree to "lift the cloud" of the Russian Federation investigation" as he said Trump requested.

Dershowitz, however, had a totally opposite position.

He said that if Trump asked Comey to end the investigation into Flynn for a non-corrupt objective - such as if he felt sympathy for his former national security adviser or he wanted the bureau to use its resources on more important matters - it's not obstruction.

He added, "You can not 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".

"You can not charge a president with obstruction of justice for exercising his constitutional power to fire Comey and his constitutional authority to tell the Justice Department who to investigate, who not to investigate", Dershowitz said during an interview with Fox News.

Charging the current President with obstruction would be a "constitutional crisis", said Dershowitz, who added the Feinstein "doesn't know what she's talking about".

Dershowitz cited past administrations to clarify what does and what does not constitute obstruction of justice.

To prove obstruction of justice by the president, he went on to explain, you must find illegal acts, such as President Richard Nixon telling people to lie and destroying evidence.

Watch Judge Napolitano's take above.

Feinstein was referring to former Trump campaign manager Paul Manafort and his associate Rick Gates, who face charges including money laundering uncovered by Special Counsel Robert Mueller's investigation; former campaign adviser George Papadopoulos; and former National Security Adviser Michael Flynn. Michael Flynn, pleaded guilty last week to lying to the Federal Bureau of Investigation about his conversations with the Russian ambassador. "The deal is not a particularly good one for the special counsel, because he had him indicted for lying".

Trump lawyer John Dowd made a different argument to the same end with Axios' Mike Allen. It would run into one particular buzz saw of history too, in which Congress failed to remove a president that actually committed obstruction and perjury. "The president would have had the complete authority to do so and Flynn never would have been indicted, never would have turned as a witness against him", said Dershowitz.



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