WHAT WAS MUELLER’S MOTIVE?
by Sharon Rondeau
(May 29, 2019) — On Wednesday night’s “Hannity,” Harvard Law School Prof. Emeritus Alan Dershowitz said that Special Counsel Robert Mueller’s remarks Wednesday morning went far beyond his authority and demonstrated “a motive to help the Democrats.”
A lifelong Democrat and Hillary Clinton supporter, Dershowitz said that Mueller was wrong when he said in an earlier unprecedented and unexpected statement that while the 22-month “Russia” investigation found no chargeable crime against the president, “…if we had had confidence that the president clearly did not commit a crime, we would have said so.”
Dershowitz and Fox News Legal Analyst Gregg Jarrett agreed that Mueller’s statement was “political” and, according to Jarrett, “inverted” the U.S. justice system, which is based on the presumption of innocence.
During his approximately nine-minute address, Mueller largely recapped the findings expressed in his report, made public on April 18, and said he will not testify to Congress. He also announced that he was closing the Office of Special Counsel and returning to “private life.”
Mueller took no questions from reporters before departing the podium at the Justice Department, where he delivered his remarks unaccompanied.
In his report and on Wednesday morning, Mueller claimed that an advisory opinion from the Justice Department’s Office of Legal Counsel (OLC) issued in October 2000 stating that it is “impermissible” to charge a sitting president with a criminal offense served as the basis for his inability to come to a conclusion as to the “obstruction of justice” part of his investigation.
Congressional Democrats immediately seized upon Mueller’s statement and appeared to indicate that “impeachment” hearings are imminent, while Republicans opined that Mueller said nothing new on Wednesday.
The OLC opinion states that if the president were to be prosecuted while in office, “the burdens of criminal litigation would be so intrusive as to violate the separation of powers.”
A number of pundits and legal analysts have previously said that the OLC opinion in question is not the final word.
“No prosecutor can ever say that a person is guilty,” Dershowitz said later in the interview, shared with Jarrett and Fox News contributor Sara A. Carter. “Mueller could never have said there was a crime.”