If Special Counsel Robert Mueller is investigating President Donald Trump for “collusion,” he’s “inventing a crime,” Harvard Law Professor Alan Dershowitz stated Tuesday evening.
“There’s no such crime as ‘collusion’ in the federal statute,” the longtime Democrat told Fox News’ Sean Hannity.
Dershowitz was reacting to a Washington Post report indicating that Trump is being investigated for possible collusion, although the special counsel does not consider Trump a criminal target in the probe. According to the Post, Mueller still wants to interview Trump so he can complete the report, which he will present to Deputy Attorney General Rod Rosenstein.
“Today we see that Mueller announces that one of the things that he’s going to go after Trump for — and Rosenstein says he can do it — is collusion!” Dershowitz exclaimed. “Now he’s inventing a crime! There’s no such crime as collusion in the federal statute. You can’t just make up crimes!”
The law professor pointed out that “nobody likes collusion” and it may be a “political sin,” but Congress would first have to “pass a statute” declaring collusion a federal crime before anyone could be prosecuted — if it even occurred. After over nine months of investigation, there’s still no proof that Trump “colluded” with the Russians.
Dershowitz also said that the special counsel should have “very narrow jurisdiction” that is “set out in advance.”
“This special prosecutor is going to look at everything!” the law professor complained. “He’s beginning to look at President Trump’s personal financial matters before he was president. Will he start looking at the women who are alleging actions against him? Where does it stop?”
“The other problem of course is Rosenstein,” Dershowitz continued. “I don’t know how he remains on this case. He is the major witness that any decent Trump lawyer calls. He’s the guy who wrote the memo!” Dershowitz was referring to Rosenstein’s recommendation that former FBI Director James Comey be fired. “The first question you want to ask him if there’s an obstruction of justice investigation is — how can there be obstruction of justice? You wrote the memo authorizing the firing!”
As Hannity pointed out, Rosenstein also renewed the FISA application to spy on Carter Page, and appointed Mueller to be the special counsel.
“He’s conflicted a thousand different ways,” Hannity said.