Dershowitz: Trump Needs to Aggressively Challenge Mueller

Special counsel is on a dubious fishing expedition, Harvard Law professor tells 'The Ingraham Angle'

by Jim Stinson | Updated 29 Nov 2017 at 6:30 AM

President Donald Trump’s attorneys are not being aggressive enough with the Justice Department’s special counsel investigating Russian hacking into the 2016 presidential campaign, says one of the nation’s top defense attorneys.

Robert Mueller is the special counsel investigating Russian hacking, and that involves looking into alleged ties between Trump’s campaign and the Russian government.

Alan Dershowitz, a Harvard Law professor for 50 years, told Laura Ingraham on Tuesday night's edition of "The Ingraham Angle" that Trump's personal attorneys should be reining in Mueller.

One example Dershowitz gave was Mueller's investigation of Trump's son-in-law, Jared Kushner, who advised Trump during the campaign and the transition. Kushner is being questioned on Israeli policy, the professor said.

"They should be in court challenging what Mueller has been doing," Dershowitz said on the Fox News show. "He is going so far beyond any possible scope of his investigation. For example, there were reports ... that they were investigating whether or not Jared Kushner tried to get the United States to change its policy toward Israel — the resolution condemning Israel for occupying the Western Wall, the holiest place in Judaism. Let's assume that Jared Kushner did that. He should be praised for it. There is nothing criminal about that. What is Mueller doing investigating whether or not somebody during the transition was trying to influence American foreign policy to the benefit of the American people?"

Related: Sessions on Russia Contacts: 'I Have Always Told the Truth'

Dershowitz said the Trump attorneys should be objecting to the scope of the investigation and challenging subpoenas.

Mueller was given a narrow scope, not a broad one, by the U.S. deputy attorney general, Dershowitz told Ingraham. And Dershowitz has long noted that "collusion" with a foreign state on campaign issues is not a crime.

"This is supposed to be a narrow investigation about whether or not there was illegal, unlawful collusion with Russia," said Dershowitz. "Collusion itself is not a crime. But now they are going after people for the equivalent of jaywalking. Did they sign the right form? Did they include this in the form? It's all an attempt to try to squeeze them into testifying against the Oval Office."

"Collusion itself is not a crime. But now they are going after people for the equivalent of jaywalking."

Dershowitz said reports that Michael Flynn, Trump's former national security adviser, is now cooperating with Mueller is not impressive. Flynn was forced to resign by Trump on February 13 for misleading the vice president pertaining to a call, during the transition, with the Russian ambassador.

Dershowitz said Flynn is trying to get out of trouble, but he likely has nothing to say about Trump and Russia.

"What his lawyer ... is doing is offering his client for sale, or at least for rent," said Dershowitz. "He is saying he is up for grabs. If the Trump administration wants him, they can have him. Give him the pardon. If the Trump administration doesn't give him a pardon, we are available to make a deal with the special counsel. I don't think the special counsel is ready to make a deal yet. It's not clear that Flynn has anything to offer. First of all, his credibility is worthless. He has already been accused of perjury. Second, he is a witness that has already been bought or rented."

Related: Report: Mueller Has Enough Evidence to Charge Michael Flynn

Flynn's troubled legal status would make it easy for Trump's attorneys to bash him on the stand, Dershowitz said, thus making reports of a deal doubtful.

"Any decent defense attorney could shred him by saying that he will sell you his mother," said Dershowitz. "He is trying to save his son, he is trying to save himself ... I don't think we are anywhere close to ... a deal with Mueller."

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