TIPSHEET_ Dershowitz: I Was Wrong About Mueller, Who Just Shamefully Proved His Partisan Agenda

Townhall

Dershowitz: I Was Wrong About Mueller, Who Just Shamefully Proved His Partisan Agenda

Guy Benson | @guypbenson | Posted: May 30, 2019 2:15 PM





Liberal law professor Alan Dershowitz was not impressed by Wednesday's public statement from Robert Mueller, calling it a revealing indication of the former Special Counsel's partisan rooting interests. Dershowitz, who has been a frequent critic of many fellow liberals' legal and investigatory tactics against President Trump, penned on op/ed for The Hill entitled, "Shame on Robert Mueller for Exceeding His Role." He writes that Mueller overstepped his bounds as a prosecutor, lambasting Mueller for having erred even more seriously than fellow ex-FBI Director James Comey -- adding that he can no longer defend Mueller as a nonpartisan actor:


Comey was universally criticized for going beyond his responsibility to state whether there was sufficient evidence to indict Clinton. Mueller, however, did even more. He went beyond the conclusion of his report and gave a political gift to Democrats in Congress who are seeking to institute impeachment proceedings against President Trump. By implying that President Trump might have committed obstruction of justice, Mueller effectively invited Democrats to institute impeachment proceedings. Obstruction of justice is a “high crime and misdemeanor” which, under the Constitution, authorizes impeachment and removal of the president...Until today, I have defended Mueller against the accusations that he is a partisan. I did not believe that he personally favored either the Democrats or the Republicans, or had a point of view on whether President Trump should be impeached. But I have now changed my mind. By putting his thumb, indeed his elbow, on the scale of justice in favor of impeachment based on obstruction of justice, Mueller has revealed his partisan bias. He also has distorted the critical role of a prosecutor in our justice system.


He concludes, "No prosecutor should ever say or do anything for the purpose of helping one party or the other. I cannot imagine a plausible reason why Mueller went beyond his report and gratuitously suggested that President Trump might be guilty, except to help Democrats in Congress and to encourage impeachment talk and action. Shame on Mueller for abusing his position of trust and for allowing himself to be used for such partisan advantage." One of the most common and pointed critiques of Mueller's unexpected performance is that he inverted the role of a prosecutor on the question of guilt vs. "exoneration." Here's a quote from Mueller's question-free press conference: “If we had had confidence that the president had clearly not committed a crime we would have said so.” Charles Cooke of National Review responds:


That’s not how it works in America. Investigators are supposed to look for evidence that a crime was committed, and, if they don’t find enough to contend that a crime was a committed, they are supposed to say “We didn’t find enough to contend that a crime was committed.” They are not supposed to look for evidence that a crime was not committed and then say, “We couldn’t find evidence of innocence." I understand that Mueller was in an odd position. I understand, too, that this wasn’t a criminal trial. But I don’t think those norms are rendered any less important by those facts...If a person doesn’t have enough evidence that someone committed a crime to contend that a crime was committed, he is obliged to presume his innocence. “Not exonerated” is not a standard in our system, and it shouldn’t be one in our culture, either.


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READ MORE: https://townhall.com/tipsheet/guybenson/2019/05/30/dershowitz-muellers-public-statement-proved-his-partisanship-n2547100


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