Dershowitz: Probe of Comey, Clinton Wrong, But Not Impeachable

Arturo Kim
November 21, 2018

Trump sought to order the legal action against his 2016 presidential opponent, Hillary Clinton, and former Federal Bureau of Investigation director James Comey earlier this year, according to The New York Times.

While it is theoretically possible for a president to ask the Dept. of Justice to open an investigation, it is illegal for the president to order the prosecution of any American. He also instructed a team of lawyers to prepare a memo for Mr Trump, outlining that he could only order an inquiry into the actions of the two individuals. That firing precipitated Nixon's resignation.

"We know the president has been asking Matt Whitaker, his new acting attorney general, about what the Justice Department was doing with Hillary Clinton for the past year", Berman said. A judge could also dismiss any charges the president ordered against Comey and Clinton.

The mainstream media have been quick to make comparisons with Clinton's email fiasco, with some outlets including "lock her up" in their headlines, which Trump frequently encouraged crowds at rallies to chant about Clinton.

Shortly before the 2016 election, Trump pledged during a debate with Clinton that if he was voted into office, he would appoint a special prosecutor to look into her use of a personal email server for official communications when she was secretary of state.

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The report, quoting unnamed sources, said that Trump's wish earlier this year prompted his then White House lawyer, Donald McGahn, to advise him to hold off, because he'd be opening himself to accusations of abuse of power.

Tuesday's revelations raise further concerns about Trump's apparent political use of the DOJ, which the president appears to consider a partisan tool to support his administration and harass his critics.

The Times went on to note that Trump's lawyers wanted the Justice Department to investigate former FBI director James Comey - there, too, the request was refused.

It is unclear whether Mr. Trump read Mr. McGahn's memo or whether he pursued the prosecutions further.

On "Late Night", host Seth Meyers joked about Ivanka's personal email use being a "closely held secret" in the White House.

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