Legal scholar and former Harvard Law professor Alan Dershowitz says those pointing to a tweet by President Donald Trump as proof that he was obstructing justice by firing James Comey as head of the FBI are elevating hope over reality. Appearing on Fox News on Monday, Dershowitz also called the charges against Mike Flynn a "show of weakness" by special prosecutor Robert Mueller.
"This is not a show of strength. If Flynn had very strong material against the president, the president would have pardoned him," Dershowitz said during an appearance on Fox News.
"The president allowed him to make a deal with the special counsel, and the deal is not a particularly good one for the special counsel because he had to indict him for lying. That makes him a worthless witness," Desrshowitz said.
The man who spent more than four decades training America's top lawyers said any criminal defense attorney would be able to take apart Flynn and his deal in court.
"Just say this is a guy who has has already admitted lying, he's doing this to save himself and his son," Dershowitz said.
Dershowitz went on to say that if Mueller were on stronger ground, he would have indicted Flynn for a conspiracy that invited other people.
"Indicting him for lying to the FBI about something that wasn't itself was not a crime doesn't to me show that the prosecution, at this point is on very strong ground," Dershowitz said.
While not dismissing the seriousness of the revelation that an FBI agent was removed for anti-Trump text messages, Dershowitz said that Mueller did the right thing by dismissing agent Peter Strzok. At the same time, Dershowitz said it looked very bad for the FBI and for the investigation that an agent was sending anti-Trump and pro-Hillary texts while investigating them both.
As for claims that President Trump showed he was guilty of obstruction of justice by firing Comey as head of the FBI over the Flynn case, Dershowitz said that from what he can see, Trump acted within his constitutional authority in firing Comey and did nothing wrong, a far cry he said from Richard Nixon who, among other things, paid witnesses hush money.