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Politics : Formerly About Advanced Micro Devices
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To: Wharf Rat who wrote (1020398)6/9/2017 8:53:04 PM
From: Wharf Rat  Read Replies (2) of 1578011
 
"Rabbi Rat says The Dersh is wrong."

Rabbi Rat and the Supremes

In the View of the Supreme Court, Alan Dershowitz Is Wrong About the Powers of the President
Friday, June 9, 2017, 12:52 PM
Alan Dershowitz, in a series of recent op-eds, has taken to arguing in his characteristic take-no-prisoners style that the whole issue of whether President Trump might have obstructed justice is a red herring. Even if the President ordered James Comey to shut down the Flynn investigation and had a corrupt intent for doing so, this would still not amount to the crime of obstruction of justice. The reason, according to Dershowitz, is that the Constitution gives the exclusive power to the President to control all federal law-enforcement investigations—and thus to shut any of them down for any reason the President sees fit. In other words, the President can never commit obstruction of justice by shutting down a criminal investigation or prosecution.

But Dershowitz fails to take into account that the Supreme Court has decisively rejected this view. In Morrison v. Olson (1988), a 7-1 Supreme Court turned back constitutional challenges to Congress’ creation of the Act that gave us the office of the Independent Counsel—and in doing so, dismissed exactly the argument that Dershowitz now seeks to invoke.By Rick Pildes


lawfareblog.com
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