Political analyst and Constitutional law scholar Alan Dershowitz wasn’t necessarily opposed to President Trump firing James Comey. It’s just that he thought Trump should have taken care of it on day one, instead of waiting until May.
In fact, he said that former President Barack Obama should have fired him during his lame duck period.
Dershowitz acknowledged the difficult situation that Trump found himself in. Because there was a perceived conflict of interest – that is, Trump was close to an active FBI investigation, although he himself was not the target – it would have looked bad politically and in the eyes of the public if he had fired Comey on day one. Which is why Dershowitz thought that if he didn’t fire him then, then it would be too late.
He compared that conundrum to the same one that Comey found himself in when he had to decide whether to conceal or disclose details about reopening the investigation into Hillary Clinton, days before the general election.
Dershowitz said that while Trump made the wrong decision in firing Comey this late in the game, there are ways the President can come out of this on top.
“I think the president made the wrong decision, but he can come out of this with the right decision if he does two things: Appoint somebody absolutely above reproach… and second, support a special investigative commission. Not an independent prosecutor, because I don’t think we have any evidence a crime has been committed, but a special commission. Appointed by Congress that could then make the decision whether to recommend a special prosecutor,” Dershowtiz suggested.
“It is up to the president. He can make it go one way or the other,” he continued. “The ball is clearly in his court. He can either make this into a crisis or make it into a win-win for the American people.”
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