Harvard law professor Emeritus Alan Dershowitz argued Wednesday night that President Trump was well within his legal rights to fire former FBI Director James Comey last year, and said that move can’t be used as a basis for charging Trump with obstruction of justice.
Speaking on CNN, Dershowitz said it’s “obvious” Trump fired Comey to put an end to the Russia investigation. But he said while that may not sit well with people, it’s still a legal act.
“It’s not OK, I think it’s not illegal,” he said.
The famed lawyer said presidents have the right to direct their attorneys general to investigate some things, but not others.
“That should change, that’s not OK,” he said. “But it’s not illegal today under the law.”
CNN legal analyst Jeffrey Toobin disagreed and said if Trump was trying to end the Russia probe, firing Comey is a clear case of obstruction of justice. But Dershowitz said that’s impossible because Trump has permission from the Constitution to fire whomever he wants, and that makes his possible motives irrelevant.
“You have to have an illegal act,” Dershowitz said. “And you can’t have an illegal act when the president acts within his constitutional authority.”
“Metaphysically, you can’t have an act that is both constitutionally authorized… under Article II, and at the same time is criminal. You must have an illegal act,” he added.
“And it would undercut the power of the president to start questioning why he pardoned, why he fired,” Dershowitz concluded. “Once he did it and it’s within his authority, you can’t question it.”
