Alan Dershowitz on Trump, Flynn: ‘This Isn’t Watergate’

Harvard Law School professor emeritus Alan Dershowitz pushed back against the narrative that President Donald Trump obstructed justice in his firing of former FBI Director James Comey and his defense of former national security adviser Michael Flynn, saying Tuesday on “The Laura Ingraham Show,” “This isn’t Watergate.”

When Flynn entered into a plea deal with special counsel Robert Mueller on Friday and admitted that he lied to the FBI, many on the Left heralded this development as evidence that Mueller was building an obstruction of justice case against Trump. But Dershowitz, a lifelong liberal, defended claims he made previously that Trump can’t be charged with obstruction of justice for merely exercising his constitutional authority.

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“I know I hit a nerve when everybody on the other side distorts my argument,” Dershowitz said, pointing in particular to CNN’s coverage and a tweet from fellow Harvard Law School professor Laurence Tribe that ridiculed his point of view.

Noting that they make “my argument sound like a president can never obstruct justice,” Dershowitz accused CNN and Tribe of mischaracterizing his argument.

“My view is the president can obstruct justice if he did what [former President Richard] Nixon did, going back to your point about Watergate. This isn’t Watergate,” Dershowitz told host Laura Ingraham. “Nixon obstructed justice in three ways: one, by telling his subordinates to lie to the FBI; two, by paying hush money to potential witnesses against him; and three, by destroying evidence.”

“President [Bill] Clinton was impeached for obstructing justice by telling witnesses to lie. That was the allegation against him. So that all strengthens my point,” Dershowitz continued. “What you can’t do is charge a president with obstruction of justice for merely exercising his Article II authority by firing people, by pardoning people.”

When Ingraham asked him about the argument claiming that Trump obstructed justice allegedly by talking to Comey about “letting Flynn go,” Dershowitz said the idea was “ludicrous.”

Related: Alan Dershowitz: No ‘Obstruction of Justice’ if Trump Just Using His Authority

“The idea that a president could be prosecuted for telling the Justice Department what to do is as ludicrous as saying the president could be prosecuted for telling the Defense Department what to do. The president is in charge of the executive branch,” Dershowitz said. “And we can’t make it into a crime just because we’re targeting Donald Trump.”

Even if Trump spoke to lawmakers about ending the Russia probe quickly, Dershowitz argued this still wouldn’t be a crime: The separation of powers in the Constitution allows Congress to refuse to grant the president’s wishes.

“So the rule is clear: You cannot be charged with obstruction of justice for simply exercising your Article II authority,” Dershowitz said. “But you can be charged with obstruction of justice if you go beyond that and commit other crimes.”