By Benjamin Wittes
Monday, December 4, 2017, 3:32 PM
... Dershowitzs .. is assuming the outcome of the Mueller investigation and then using that assumed outcome to discredit the enterprise. How does he know that the results of the investigation wont show criminality without taking advantage of elasticity in any law?
... if we assume, as he allows, that "Government corruption should be prosecuted," .. we need to investigate allegations of .. corruption before we can determine that proceeding against i t.. would be the criminalization of politics rather than, say, the prosecution of criminal activity ...
... the FBI .. does not open investigations on the basis of the desire to harass a politician ... It opens investigations on the basis of identifiable factual predicates either a criminal predicate if there's suspected criminal conduct, or a national security predicate in counterintelligence matters ...
... should the FBI have shrugged at the possibility of Russian recruitment of Trump campaign officials because Dershowitz concludes without .. investigation that "Even if it were to turn out that the Trump campaign collaborated, colluded or cooperated with Russian agents, that alone would not be a crime"? ... Trump was not president at the time and .. therefore, no question arises at this stage as to whether a president can obstruct justice by exercising his constitutional authority to supervise the executive branch ...
https://www.lawfareblog.com/five-questions-alan-dershowitz-criminalization-political-differences