In the history of mankind, many republics have risen, have flourished for a less or greater time, and then have fallen because their citizens lost the power of governing themselves and thereby of governing their state. TR

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Dershowitz: Trump is Right, There Never Should Have Been a Special Counsel

Former Havard Law Professor Alan Dershowitz used to be considered a reliable liberal. But I dunno, there is wisdom with age, they say. Or maybe his instincts to protect civil liberties moved him over toward a “Don’t Tread on Me” conservative viewpoint.

Either way, he’s been backing Trump a lot.

From an article he penned today in The Hill.

President Trump is right in saying that a special counsel should never have been appointed to investigate the so-called Russian connection. There was no evidence of any crime committed by the Trump administration. But there was plenty of evidence that Russian operatives had tried to interfere with the 2016 presidential election, and perhaps other elections, in the hope of destabilizing democracy. Yet, appointing a special counsel to look for crimes, behind the closed doors of a grand jury, was precisely the wrong way to address this ongoing challenge to our democracy.

The right way would have been (and still is) to appoint a nonpartisan investigative commission, such as the one appointed following the terrorist attacks of 9/11, to conduct a broad and open investigation of the Russian involvement in our elections. This is what other democracies, such as Great Britain and Israel, do in response to systemic problems. The virtue of such a commission is precisely the nonpartisan credibility of its objective experts, who have no political stake in the outcome.

The vice of a special counsel is that he is supposed to find crimes, and if he comes up empty-handed, after spending lots of taxpayer money, then he is deemed a failure. If he can’t charge the designated target — in this case, the president — he must at least charge some of those close to the target, even if it is for crimes unrelated to the special counsel’s core mandate. By indicting these low-hanging fruits, he shows that he is trying. Maybe those lesser defendants will flip and sing against higher-ups, but the problem is that the pressure to sing may cause certain defendants to “compose,” meaning make up or enhance evidence in order to get a better deal for themselves.

Right. A criminal investigation was launched, as Andrew McCarthy has written many times over at National Review, without any evidence of a crime being committed. And now every single senior member of the Trump team, including the president, is going to get a thorough prosecutorial colonoscopy to see if they ever stole bubble gum from a candy store when they were children.

This should have been a national security investigation. That’s not what special prosecutors are for. Special prosecutors are for probing crimes and, sometimes, satisfying the political imperatives of the opposition party, if you know what I mean.

Trump has been happily tweeting away in response to the article.

10 thoughts on “Dershowitz: Trump is Right, There Never Should Have Been a Special Counsel”

  1. Completely off topic. but because we talk a lot here about what the fake “news” networks broadcast about what Trump is saying or doing (including the drama over The Wall), I thought this might be interesting. It’s a compilation of viewership of TV “news”. In other words, how many people are watching or paying attention to TV news.
    ———————————————
    Basic Cable Top 5 – Prime time (P2+)

    Fox News (2,370,000)
    MSNBC (2,027,000)
    TBS (1,755,000)
    TNT (1,695,000)
    HGTV (1,469,000)

    Basic Cable Top 5 – Prime time (A25-54)

    TBS (838,000)
    TNT (793,000)
    TruTV (681,000)
    USA (603,000)
    AMC (505,000)

    Basic Cable Top 5 – Total Day (P2+)

    Fox News (1,384,000)
    MSNBC (1,107,000)
    Nickelodeon (952,000)
    TNT (791,000)
    HGTV (789,000)

    Basic Cable Top 5 – Total Day (A25-54)

    TBS (369,000)
    TNT (353,000)
    Investigation Discovery (324,000)
    USA (283,000)
    Fox News (276,000)

    In a nation of 350,000,000 people with about 115,227,000 households, most of which have two or more television sets, those are pathetic viewership numbers. Disastrous numbers. The vast majority of the American people aren’t watching television news. At all.

    http://www.adweek.com/tvnewser/even-with-ncaa-basketball-fox-news-and-msnbc-remain-most-watched-cable-networks/359842

  2. Mr.Dershowitz is being shunned by the MSM/Dems who used to love him since he went over to the Dark Side of politics.
    One of the reasons he seems to have changed ‘sides’ is that he refuses to get on a anti-Trump train to nowhere that finds fault in every move (or non-move) done by MrTrump. He stands out, seems to be a Trump supporter when he really is citing law and promoting a fair account of what MrTrump is doing.
    While the MSM/Dems find smoke leaking out of every door at the White House, or have found their Puritan heritage that abhors non-marital relations between two adults, MrDershowitz quotes law and the constitution.
    Being a Trump supporter or even being ambivalent about his tenure at the WhiteHouse is not an easy thing today.
    Kudos to the Professor.

    1. ot: it’s hard overcoming my German/Dutch habit of speaking and writing.
      Rewrite of the first sentence:
      Since he went over to the Dark Side of politics, MrDershowitz is being shunned by the MSM/Dems who used to love him.

    2. What campaign funds, what campaign was MrTrump running 12 years ago?
      Whatever he did or she says he did has nothing to do with him winning the election and sitting in the WhiteHouse – it’s between him and his wife.

      1. Yes! I honestly don’t care what Trump did or didn’t do with Ms Daniels. He was not in office or campainging at the time. This is between him and his wife.

    3. You leftists screeched at us for years that what happens between two, consenting adults is none of our business.

      Don’t get mad that we’ve taken your advice.

    4. Mmm. How would you say that compares with being a serial rapist, or getting B-J from a starry-eyed intern in the Oral — sorry, Oval — Office, with your wife being your number one enabler and apologist? Just really enjoy watching lefties with no values at all, only ideology, doing their virtue dance.

  3. They have had Dershowitz on Fox. He seems reasonable I like the commission idea instead of a special counsel. To me there was lots of wrong doings when Obama was in office. It needs to be looked into.

    Marcus, I get my info from the Internet.

    srdem65, I am part Dutch too.

  4. Dershowitz is what liberals were like back in the day when they actually had principles, respected the Constitution, and loved America. He’s no fan of Trump, but he hasn’t lost touch with common sense.

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