Leave it to a brilliant lawyer to make a brilliant point.
Harvard Law professor Alan Dershowitz pointed out recently that Deputy Attorney General Rod Rosenstein cannot continue to serve in his government job if special counsel Robert Mueller accuses President Donald Trump of obstruction of justice in connection with last year’s firing of James Comey as FBI director.
Dershowitz noted that Rosenstein was deeply involved in the firing and drafted a memo for the president outlining the grounds for the dismissal.
He said Rosenstein cannot serve as both a witness and the supervisor of the prosecution.
As Mueller rummages around the office of Trump’s attorney looking for a crime with which to charge the president, it is increasingly likely that a substantive crime — such as coordination with Russian intelligence to fix the election — is unlikely to be provable.
That probably means that a procedural crime relating to the investigation itself is the most likely charge Mueller will be able to bring against the president.
Obstruction of justice would likely be the accusation.
But if Rosenstein is conflicted out from continuing his government service (I would say “public service,” but he hasn’t done much of that), he must be replaced.
His replacement, of course, would then be in charge of the prosecution of the president, a power Rosenstein now has by virtue of Attorney General Jeff Sessions’ recusal from the investigation.
So, Mueller would gain a witness but acquire a new boss.
Mueller cannot bring obstruction charges without questioning Rosenstein as a witness, precluding the deputy attorney general from remaining in office.
This excellent point goes to show why the president needs to bring Alan Dershowitz onto his legal team.
Dershowitz knows how to combine excellent legal research with skilled courtroom advocacy and articulate public commentary.
Trump, now devoid of skilled counsel, needs to bring in Dershowitz. Right now.
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