By Jon Dougherty
Noted liberal constitutional law professor Alan Dershowitz noted on Thursday during in an op-ed that his faith in former special counsel Robert Mueller to be a non-partisan instrument of the law and justice was shattered after his politicized press conference yesterday.
Dershowitz, a frequent critic of fellow liberals’ legal and political tactics against POTUS Donald Trump, wrote in his op/ed for The Hill entitled, “Shame on Robert Mueller for Exceeding His Role,” that Mueller overstepped his bounds as a prosecutor, while lacing him for having erred even more seriously than fellow ex-FBI Director James Comey and adding that he can’t defend Mueller as non-partisan any longer.
“Comey was universally criticized for going beyond his responsibility to state whether there was sufficient evidence to indict Clinton. Mueller, however, did even more. He went beyond the conclusion of his report and gave a political gift to Democrats in Congress who are seeking to institute impeachment proceedings against President Trump,” he wrote.
“By implying that President Trump might have committed obstruction of justice, Mueller effectively invited Democrats to institute impeachment proceedings. Obstruction of justice is a ‘high crime and misdemeanor’ which, under the Constitution, authorizes impeachment and removal of the president…
“Until today, I have defended Mueller against the accusations that he is a partisan,” he continued. I did not believe that he personally favored either the Democrats or the Republicans, or had a point of view on whether President Trump should be impeached.
“But I have now changed my mind. By putting his thumb, indeed his elbow, on the scale of justice in favor of impeachment based on obstruction of justice, Mueller has revealed his partisan bias. He also has distorted the critical role of a prosecutor in our justice system.”
No prosecutor should ever say or do anything for the purpose of helping one party or the other. I cannot imagine a plausible reason why Mueller went beyond his report and gratuitously suggested that President Trump might be guilty, except to help Democrats in Congress and to encourage impeachment talk and action. Shame on Mueller for abusing his position of trust and for allowing himself to be used for such partisan advantage.
At The Federalist, Sean Davis noted that Mueller’s reversed his role as a prosecutor (to that of judge and jury) and completely turned American jurisprudence — innocent until proven guilty — on its head:
DOJ guidelines expressly prohibit the actions of both Comey and Mueller in naming and shaming individuals who were never formally charged with any wrongdoing.
“As a series of cases makes clear, there is ordinarily ‘no legitimate governmental interest served’ by the government’s public allegation of wrongdoing by an uncharged party, and this is true ‘regardless of what criminal charges may . . . b[e] contemplated by the Assistant United States Attorney against the [third-party] for the future,’” states DOJ’s formal policy manual on the duties of federal prosecutors and principles of federal prosecutions.
Nationwide bar rules governing all practicing attorneys in the United States also explicitly prohibit Mueller’s display during Wednesday’s press conference.
“The prosecutor in a criminal case shall … refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused,” states Rule 3.8(f) of the American Bar Association’s rules of professional conduct. Multiple federal agents and prosecutors reached out to The Federalist after Mueller’s press conference to express dismay at the former FBI director’s behavior.
“I’d have been crucified under this rule for a ‘not innocent’ comment about an uncharged party,” one former federal prosecutor told Davis in the piece.
I literally cannot fathom holding a press conference to say that an uncharged person was not innocent,” the source said.
These are not normal times, obviously.
The deep state is using whatever resources and tools it can to continue in its effort to depose a duly elected president.
Mueller has become one of those tools, and, apparently, willingly so.
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- Follow Jon Dougherty on Twitter at @JonDougherty10