Alan Dershowitz speaks out

Harvard Law professor Alan Dershowitz is back on the program to discuss his take on the the Special Counsel that has now been appointed.


Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

While the doctor our morning show. You RTL. You know it's amazing because. We spoke with Alan Dershowitz and of course a law professor of her Harvard earlier this week and since we've spoken to him. So many things have changed it happened. That. Allen was kind enough to agree to come on and join us again this morning. Good morning sir. Good morning things happened so quickly I'm actually reading a book about this process. And I'm doing it as an e-book. Success I have to dead things every single day. Every day's new bombshell. But let me tell you what the ultimate casualty of this whole thing is. And that is the civil liberties of all Americans. Nobody is talking about civil liberties certainly that the Democrats the Republicans are. Happy they had covered the ACLU. Is missing in action they're so anxious to get trump. That they won't concern themselves about any of the civil liberties issues and what we got now is a special counsel without any evidence of any criminal conduct. And the special counsel is supposed to investigate the whole Russian thing. Now what's the Russian thing let's assume hypothetically the worst case scenario. That but trump and there's no evidence that that the trump campaign actually worked together with the Russians to bring about the election of Donald trump. And they coordinated their actions. She's not crying that's a horrible thing politically. But it's not something that an independent counsels were authorized to investigate or let's assume that the president did. Classified information that led to the disclosure of course by might have been expected saved the lives of many people. Who could save lives and many people left out. That's not a crime firing probably not. A crime. So what we have is the appointment of special counsel who conducted an investigation. In secret. Behind the closed doors of a grand jury with no defense lawyers being president. With hearsay evidence coming and listening to one side. And then deciding whether to indict if the shoe were on the other foot if this were a process being used against a liberal Democrat. The ACLU would be jumping up and down objecting and protest thing instead they are part of that cheering party. Trump said for the third time yes it is is a witch hunt it sounds to me like using news. No I don't think it's witch hunt I think it's a typical abuse. The grand jury process. A witch hunt I remember which until the through McCarthyism I was a student during McCarthyism. I remember people being fired from their jobs because. What they had done twenty years earlier know this is not a witch hunt. This is unfortunately all too typical. Of the way to grand jury has been misused when the framers of our constitution. Established grand jury they thought they would be giving up protection. Two defendants. If you got that thousand best criminal lawyers in the country in the room. And you ask for a vote about how many people would like to abolish that protection. In the constitution. Out of a thousand criminal lawyers in the room we get a 1001. Voting to abolish it there isn't a single criminal defense lawyer I know. Who believes that the grand jury today. Would it secrecy units denial of rights provide any protection to defend what we needed was an open process. We needed a full and complete investigatory committee established by congress which hears evidence in public. Which has every defendant have the right to a lawyer. Cross examine witnesses produce evidence. That's what America is entitled to public disclosure. Not get kangaroo court behind closed doors which is what we'll get it. Okay so well we are getting that. Would you have chosen this person as the special prosecutor. If you ask me to pick a kangaroo rule I would rather have a really distinguish kangaroo and and Bob Motorola is known since she was the US attorney. In Massachusetts couldn't be better he's actually perfect but it's the wrong process the right man. But the long process so that's what concerns me one openness not secrecy I want to process. Not a star chamber. Don't you feel like to the way this is I know that the there'll be out of the balloon for a little while on this because dude he's not going to be talking about it when he is uses rolling. He's either gonna say yea urinate the second he does. 50% of the country's gonna scream this is a corrupt system. Of course and then he might issue a report that would be the worst possible thing why. But she doesn't know the truth he's only heard have that he's only heard one side. Whoever authorized the grand jury to issue reports reports by grand jury are a an abomination of justice. Because it's always one sided. In order to defend it is called in front of a grand jury and says the manager I'd like to tell you what really happened he cut off. You can't do it if the dependence and sort of a grand jury I'd like to shoulder injury this piece of evidence. Here's a videotape that shows I was in Australia. At the time the murder was committed in Boston he can't do that. Now on you heard yesterday is the tolls the Betty Shelby kings where the Foreman of the jury said. You know we're finding her not guilty go we'd like to make a statement and the judge said I don't think so sit down yeah you just say that. Yeah of course that's not the job of the jury and it's not the Java the grand jury in the Karen Burk case where president Jefferson. Interfered on a daily basis. Tried to make sure the bar was convicted the jury finally came back with a verdict of not prove it. And iron bars stood up and says that's not fair I wanna pollute your wanna find out. I want them to change their verdict of not guilty the judge that now they decide what they decided in the judgment no slack his name is John Marshall the. It sounds like another regional carrier can we thought I'd like you gonna do that e-book that's. Duplicity a kind of run uploaded. Trial the jury trial of a bar was amazing I Jefferson appoint Connecticut and pick which is son in law. To prosecute the case he personally gave immunity to witnesses he threatened to judge I would impeachment. Discussions and this is. Well for those that don't know remind people Jefferson hated Hamilton that's the irony of price and. If he did it but he didn't remember that our was not being tried for the killing of Hamilton he's being tried for treason. For trying to establish an army in Louisiana. To take over the United States after he was there and made and then thrown at the vice presidency. So. It fascinating part of history but when you hear about obstruction of justice for president to. Maybe suggest to but FBI director wouldn't it be good if you let go this good guy. That was improperly shouldn't have done it violates Justice Department rules. But. It's not nearly as bad as what what other presidents have done in the past and there's nothing in the law that prohibits the president from directing. The Justice Department incident that you unitary executive the president is right so the Justice Department what to do Nokia's conflict of interest in that raises an ethical problem but not a criminal. Problems under your car we have you let me get you quickly on this one the president's trip starts today obviously. I saw this story is kind of funny but I don't I'm wondering how Israel is doing is he's not going to visit what is the messiah on national park. Yeah because he doesn't wanna take a cable car. We know that every president every. I walked up to in the shadow. It's about a half an hour long walk but it's pretty hot that you could do it. Every other president in recent memory anyway has one they've gone there are gone there and we've seen the photos. Is this some sort of slight is this a big deal or is it. I don't know we can also played about helicopters they said he wouldn't let them they would like that would let a message saying okay that's a point look. They're going to be a lot of clenched jaws and forced smiles by Israelis. Because they certainly don't approve of the fact that he told the Russians apparently. What city the information came from that led to the conclusion that laptops. Were going to be used to blow plays out of the sky is when you tell book. The Russians the name of the city they can reverse engineer. And probably cigarette the sources and methods being used by either Israel or Jordan. To obtain this absolutely essential security information we get it's not a crime we have to remember in America we distinguish between wrong conduct and criminal conduct. And we only allow prosecution even investigation. Of criminal conduct and what I worry that is this independent prosecutor independent counsel is going to be looking at non criminal conduct becoming to political rather then. Criminal law conclusions. I think you know the trip to Israel has some promise though the sorties has made some interest thing proposals. I hope the Israelis will respond positively of those proposals. We're not gonna seek peace bridge gaps suddenly but we may see some progress. In recent months ahead the occasion to meet with president tried to meet the President Abbas. And to meet and speak with prime minister Netanyahu. And I think my level of optimism has gone up from 2% to 5%. Don't look very odd that an iron or we'll tell him. Alan Dershowitz thanks again for your time sir have a great weekend pleasure thank you.