Professor Alan Dershowitz is a liberal and not just because I say so. He describes himself as a liberal. He’s also my favorite liberal. I like him because he’s an honest liberal and he’s smart. He takes stands on some issues that I find sickening, but he’s forthright and always makes an intelligent argument for what he believes.
Right now he believes his fellow Democrats, his fellow liberals, are making a huge mistake in the way they are going after Trump.
In his testimony former FBI director James Comey echoed a view that I alone have been expressing for several weeks, and that has been attacked by nearly every Democratic pundit.
Comey confirmed that under our Constitution, the president has the authority to direct the FBI to stop investigating any individual. I paraphrase, because the transcript is not yet available: the president can, in theory, decide who to investigate, who to stop investigating, who to prosecute and who not to prosecute. The president is the head of the unified executive branch of government, and the Justice Department and the FBI work under him and he may order them to do what he wishes.
As a matter of law, Comey is 100 percent correct. As I have long argued, and as Comey confirmed in his written statement, our history shows that many presidents—from Adams to Jefferson, to Lincoln, to Roosevelt, to Kennedy, to Bush 1, and to Obama – have directed the Justice Department with regard to ongoing investigations. The history is clear, the precedents are clear, the constitutional structure is clear, and common sense is clear.
Yet virtually every Democratic pundit, in their haste to “get” President Trump, has willfully ignored these realities. In doing so they have endangered our civil liberties and constitutional rights.
Because they are trying to criminalize political disagreement. Dershowitz hasn’t said this as far as I know, but I wonder if the Trump haters don’t realize that they are giving birth to a style of politics that can be used against a future Democrat president.