Dershowitz: Firing Mueller “Would Not Be An
Alan Dershowitz shares his thoughts on the Mueller report with Tucker Carlson on the Wednesday edition of his FOX News show.
TUCKER CARLSON of FOX NEWS: Well, the Special Counsel investigation is accelerating. At some point, possibly soon, we’re going to see Robert Mueller’s report, or parts of it. It was not released to the public. Parts of it will certainly be leaked. We’ll have that information.
The question is how should we assess it? Alan Dershowitz has thought a lot about this question. He’s a retired Harvard Law School professor, Author of The Case Against Impeaching Trump, and he joins us tonight.
Professor, thanks for coming on. So, are we likely to–
ALAN MORTON DERSHOWITZ, LAWYER, THE CASE AGAINST IMPEACHING TRUMP AUTHOR, HARVARD LAW PROFESSOR EMERITUS: My pleasure..
CARLSON: –see this report in whole or part? And what should we think when we do?
DERSHOWITZ: Well first, we will eventually see much of the report, probably the whole report, eventually. But we should never see it until we also see the President’s legal team rebuttal, because otherwise it’s a completely one-sided presentation..
Remember, it’s like an indictment, even though it won’t be an indictment. It’s one-sided. It’s based on the testimony only of witnesses of the prosecution, so it to (ph) call. And as everybody knows, an indictment can’t be used as evidence of guilt. It doesn’t undercut the presumption of innocence. It’s just a charging document.
And that’s the way we ought to read the report issued by Mueller. It’s simply an accusation. And we must see the other side of the story before we can come to any conclusion. Somehow, people think, it deserves more credibility because it’s a Special Counsel report. But that’s not true.
DERSHOWITZ: Special Counsel is just another prosecutor looking at one side of the case, and he will present a one-sided account, which will be very critical of his subjects.
CARLSON: So, the report – there’s no requirement that the report has balance in it or shows both sides of any question.
DERSHOWITZ: Quite the opposite. It’s a prosecutorial report. It will not show balance. Anybody who expects balance, fairness, nuance is looking at the wrong kind of document. You can’t have balance when you haven’t heard the other side of the story, when–
DERSHOWITZ: –you haven’t called witnesses who might be exculpatory, when you’ve only tried to put together a prosecutorial case, and that’s why it’s essential that the President’s team be permitted to issue their own report at the same time the Mueller report is issued.
CARLSON: Interesting. So, the people who said we need a Special Counsel investigation to find out what happened as an informational exercise were–
CARLSON: –were lying to us. So, let me ask you a more fundamental question about this Special–
DERSHOWITZ: Oh, absolutely–
CARLSON: So, every person who wields power in our society by design has some sort of oversight. We can – we can defeat our elected representatives in elections, we can recall or impeach our President, our judges. The Special Counsel, we’re told, can’t be fired because that itself would be an impeachable offense. So, is there oversight of any kind of the Special Counsel?
DERSHOWITZ: Well, first of all, firing the Special Counsel would not be an impeachable offense because it wouldn’t be a crime. The President would have the authority to do it. It would be politically very damaging to do it.
DERSHOWITZ: Look, technically, there is oversight over the Special Counsel in the percentage of the Attorney General. Of course, our Attorney General was recused. Now, we have an Acting Attorney General.
But the regulations provide that the Attorney General is not supposed to micromanage the work of the Special Counsel. He’s not like any other U.S. Attorney, who’s under the direct supervision.
The ultimate control, the Attorney General has, is whether to release the report, under what circumstances to release the report, whether to redact parts of the report, whether to reject parts of the report, and send it back to the Special Counsel and say, “Look, you didn’t do a good enough job. Go back to the drawing board and do it again.”
It’s unlikely any of those things will occur, except, I think that the Attorney General would be wise to demand that before the Special Counsel report is released to the public or even to Congress that the President’s legal team be given an opportunity to review and rebut it, and provide their own report.
Then the American public and Congress can see both sides in tandem–
DERSHOWITZ: –and make an intelligent decision as to where the right is, and how to bring nuance and find the truth. The truth is best achieved through an adversarial process, through presenting all sides of an issue–
CARLSON: Yes (ph).
DERSHOWITZ: –not presenting one side of an issue.
CARLSON: That’s the whole premise of this show, by the way. Professor, thank you, great to see you tonight.
DERSHOWITZ: Thank you.