BLOGJune 08, 2017

Dershowitz: Get Out of the Weeds, No Obstruction of Justice With Comey

One of the great legal minds today is liberal Alan Dershowitz. Talking with Anderson Cooper on CNN following the release of James Comey's seven-page statement, Dershowitz had this to say:

Well, first of all, let's look at the big constitutional picture. The president could have told Comey, "You are commanded, directed to drop the prosecution against Flynn." The president has the right to do that. Comey acknowledges that. He says in the statement that historically, historically presidents have done that to the Justice Department.
The past few years we've had a tradition of separation, but that tradition doesn't create crime. And remember also what the president could have done. He could have said to Comey, "Stop this investigation. I am now pardoning Flynn."

"Two important points there, in what Dershowitz said. And one that's key in saying there was a tradition of separation between the Executive Branch and the Department of Justice, even though the head of the FBI and the attorney general all serve at the behest of the president. But he said, tradition does not make a crime," Mike Opelka said, filling in for Glenn on radio.

Dershowitz continued.

That's what President Bush did. In the beginning of the investigation of Caspar Weinberger, which could have led back to the White House, to the first President Bush. President Bush on the eve of the trial pardoned Caspar Weinberger, pardoned six people, and special counsel Walsh said this is outrageous. He's stopping the investigation. Nobody talked about obstruction of justice. You cannot have obstruction of justice, when the president exercises his constitutional authority to pardon, his constitutional authority to fire the director of the FBI or his constitutional authority to tell the director of the FBI who to prosecute, who not to prosecute. So let's get out of the weeds, and let's look at the big constitutional picture.

"So there it is. From one of the most respected legal minds in the country, who also happens to be a liberal. You cannot have obstruction of justice here," Opelka said.

Enjoy the complimentary clip or read the transcript for details.

MIKE: We're watching Comeyfefe 2017. Comeyfefe 2017 has the nation's attention. Or at least everybody who can avoid going to work today and sitting at home and watching Jim Comey tell us either nothing or that he'll tell the senators in private, or he's rehashing things we already knew. So gigantic waste of time for this giant nothing burger, except there was just a moment that was just captured, as Dianne Feinstein, the senator from California was talking to Jim Comey and mentioned the tapes, the tapes that Donald Trump alluded to, when he tweeted after Comey talked about his memo, when Donald Trump tweed that Jim Comey better hope -- better hope that I don't have tapes before he starts leaking things.

And this was the exchange.

VOICE: Why didn't you stop and say, "Mr. President, this is wrong. I cannot discuss this with you?"

JAMES: That's a great question. Maybe if I were stronger, I would have. I was so stunned by the conversation, that I just took it in. And the only thing I can think to say -- because I was playing in my mind -- because I could remember every word he said -- I was playing in my mind, "What should my response be?" And that's why I very carefully chose the words -- and, look, I've seen the tweet about tapes. Lordy, I hope there are tapes.

I -- I remember saying, "I agree. He's a good guy." As a way of saying, "I'm not agreeing with what you just asked me to do." Again, maybe other people would be stronger in that circumstance, but that was -- that's how I conducted myself. I hope I'll never have another opportunity. Maybe if I did it again, I'd do it better.

MIKE: And how long before we have T-shirts that say this...

JAMES: I've seen the tweet about tapes. Lordy, I hope there are tapes.

MIKE: Lordy, I hope there are tapes.

This is getting more bizarre by the moment. I can't even imagine this. And I also wonder what the hell the rest of the world is thinking. Now, one of the great legal minds in this world is a guy named Alan Dershowitz.

Alan Dershowitz is a liberal. Alan Dershowitz is not a guy that the G.O.P. would normally call in to say, hey, would you back us up on this?

And Alan Dershowitz was talking with Anderson Cooper last night on CNN. And they were discussing the seven-page statement that Comey put out, that was his opening statement today. So the whole world saw the opening statement already.

And in there, we have said there is no evidence of obstruction of justice. While the Democrats are all saying, "This is all obstruction of justice." At least the only guy who at CNN will say that is Jeffrey Toobin, and then every Democrat quotes Toobin saying, "Toobin says it. It must be obstruction." But Alan Dershowitz gave us some great clarity on this.

ANDERSON: Professor Dershowitz, you say this is not obstruction of justice by the president and that it actually strengthens his position against Director Comey. How so?

ALAN: Well, first of all, let's look at the big constitutional picture. The president could have told Comey, "You are commanded, directed to drop the prosecution against Flynn." The president has the right to do that. Comey acknowledges that. He says in the statement that historically -- historically presidents have done that to the Justice Department.

MIKE: So, first of all, let's remember this. Historically, presidents have been able to tell the Justice Department and actually have told the Justice Department, "Stop this investigation. It's within the power of the president. It's the president's right. It's part of his executive powers." Dershowitz continues.

ALAN: The past few years we've had a tradition of separation, but that tradition doesn't create crime. And remember also what the president could have done. He could have said to Comey, "Stop this investigation. I am now pardoning Flynn."

MIKE: Two important points there, in what Dershowitz said. And one that's key in saying there was a tradition of separation between the executive branch and the Department of Justice, even though the head of the FBI and the attorney general all serve at the behest of the president. But he said, tradition does not make a crime. Tradition does not make a crime. A really key point there. And he did say that the president has the right to say I'm pardoning Flynn. Therefore, there's no need for an investigation. End it here. Donald Trump didn't do that. But he had the power.

Comey -- or, Dershowitz continues.

ALAN: That's what President Bush did. In the beginning of the investigation of Caspar Weinberger, which could have led back to the White House, to the first President Bush. President Bush on the eve of the trial pardoned Caspar Weinberger, pardoned six people. And special counsel Walsh said this is outrageous. He's stopping the investigation.

Nobody talked about obstruction of justice. You cannot have obstruction of justice, when the president exercises his constitutional authority to pardon, his constitutional authority to fire the director of the FBI, or his constitutional authority to tell the director of the FBI who to prosecute, who not to prosecute. So let's get out of the weeds, and let's look at the big --

MIKE: So there it is. From one of the most respected legal minds in the country, who also happens to be a liberal. You cannot have obstruction of justice here. And what happened in no way was -- was anywhere near obstruction of justice. So how will Chuck Schumer -- how will Nancy Pelosi -- how will Maxine Waters -- how will all the hand-wringing Democrats deal with this? Well, you can bet they're going to keep hammering. They're going to keep hammering until they get something else, something else that will slow down the process.

Comey -- or, Dershowitz continues.

ALAN: That's what President Bush did. In the beginning of the investigation of Caspar Weinberger, which could have led back to the White House, to the first President Bush. President Bush on the eve of the trial pardoned Caspar Weinberger, pardoned six people. And special counsel Wash (phonetic) said this is outrageous. He's stopping the investigation.

There was also a discussion -- and I've been following, thanks to the crew here, the research crew here -- Keith has been digging up different quotes on this. Jamie Dupree, who is -- covers Congress for a couple different radio and TV outlets has been cherry-picking some of the most interesting moments from this hearing. And he said, Comey wrote memos about the Trump hearings and said, "Quote, I was honestly concerned that he would lie about the nature of our meeting." That's why he wrote it. So if he was actually nervous about it, we have to go back to the one question I would ask Comey. Why didn't you bring it up? Why did you wait till after you were fired? Why did this all happen only after you were fired?

The other statement that really -- really makes me crazy is Comey saying that the attorney general, Loretta Lynch, Bill Clinton meeting on the tarmac. That meeting that all of us realized was not about grandkids and golf. That any thinking sane person would say, no, they're not talking grandkids and golf for 45 minutes. Because even I, a golfer who obsesses about playing the game, knows that you will bore the tar out of people if you talk about golf for longer than five minutes. Even golfers get tired of it. We don't want to hear about it. We want to play. So sitting on the tarmac for 45 minutes, just when your wife Hillary happens to be under investigation. Oh, I don't know. And facing a possible breakdown in her dreams to become the president. And you've got the attorney general in front of you. Gee, do you think they were talking about grandkids and golf?

No. But Comey says the AG Lynch and Bill Clinton tarmac meeting was the reason he went public with the email investigation. Really? Was it because that meeting actually had something else going on and you couldn't let it just slide away? So you had to bring up the email investigation in order to maybe bring back some reality to the world?

This is amazing on so many levels. Very amazing.

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The SECRET every young man NEEDS to hear

The world has a plentiful, seemingly endless supply of angry boys. What it's lacking is real MEN. Glenn Beck shares the secret that our young men must learn if they truly want to protect and perfect our country.

Transcript

Below is a rush transcript that may contain errors

GLENN: There's a difference between a revival and an awakening. We are in a revival right now, but that doesn't necessarily lead to anything. Except, oh, I have to re-learn those principles. But that doesn't mean you apply them in your life. Okay?

That's an awakening. There's been two great awakenings in American history. One brought us the American Revolution. The second one brought us the Civil War and the freedom of slaves.

We have the possibility of going into a third great awakening. That's the only thing that will save us. If you don't know the difference between a revival and an awakening. Let me give you the negative print of a godly awakening. Our kids right now, they don't have any purpose. They don't have any meaning.

They look at everything, and it doesn't -- it's not real. None of it is real. It's money. It's fame.

It's -- you know, it's ever changing truths and definitions. And they have no purpose in their life. Okay?

So they're looking for that. Because man has to have purpose in his life. Man has to search for meaning.

So they're searching for meaning. And they found a group of people that actually mean something. And they're willing to die for it. And it's ISIS.

And so they're like, at least these people believe in something. They believe it. And they're willing to die for it. I'm going to stand with them. And they put that twisted understanding into action. That's the -- that is -- that's an awakening. It's just an awakening to the dark side. And that one is already happening. It has to happen on the good side. And let me speak directly to young men: Look, you are inheriting a very loud, angry, cynical and worst of all spiritually starving and malnourished society. And you are being sold a future of cheap pleasures and hollow heroes and screens with blue light that just rob you of your strength, one distracted second after another.

And in the middle of all that noise, may I just give you one piece of instruction. If there is anything virtuous, lovely, of good report or praise-worthy, seek those things.

Don't admire them. Don't nod at them. Seek them!

Hunt them. Chase them. Build your life around those things. A man who will do that. A boy. A young man who will do that, will become different. Noticeably different.

He will stop letting the culture feed him garbage. He stops applauding the trivial. He stops laughing at the obscene or cheering for the cruel.

He will become a curator of -- of real, lasting beauty in an age that has forgotten what beauty even looks like.

When other men are chasing down or holding up cynicism, this man holds up hope!

When everyone around him is chasing dopamine, he chooses discipline. When others will blame their circumstance, he'll take responsibility for his own action. When the world worships the shallow, he goes and searches for the deep!

You want to know what the secret of becoming strong is, or becoming trusted, or becoming the kind of man that your future wife, your future children, your future nation can depend on?

Here it is!

You become what you seek. If you seek trash, you become trash. If you seek virtue, you become a man of virtue. You seek excellence, and your life will begin to shine, not loudly, but steadily. Like the steel glow of a blade being forged.

That's who you'll be.

The world has a plentiful, seemingly never-ending supply of angry boys. We don't need any more addicted boys.

We don't need any more distracted boys. The world needs men. Whole men. Clear-eyed men.

Men whose souls are anchored to something higher than the algorithms, trying to own them!

Build a life worthy of admiration. Forget about the applause. Fill your mind with words that make you wiser. Fill your days with work, hard work, that makes you stronger. Fill your home with beauty that lifts every soul who walks into it.

Have your home a place where people walk in and go, man, I say so great here. I just love it here. I don't know what it is about your house. I just love it. It's the spirit that's there! Because you built it! You protect it.

Protect your integrity like a watchman on the wall. Don't lie. Don't cheat. Don't steal. And when you fail, and you will, stand back up again.

Because a man who seeks the virtuous, is not a man who never fails. He just -- he just becomes a man who refuses to stay on the ground.

If you seek things that are lovely and pure, trustworthy, praiseworthy, you'll become a kind of man this age almost never produces. A man whose very existence is a rebuke to the darkness.

That's your calling. That's why you were born.

Not to be lost. Not to play video games. Not to give up. Not to say, there's no hope. Not to end up in the trash bin of human history because you've -- you've taken so many drugs, you can't stand up straight anymore.

You're not destined to be alone.

You were destined for great things. You are destined to find an amazing woman!

Believe me. I didn't think I would ever find an amazing woman. Because I didn't think I was worth it. I didn't think I was worth it.

And until I started understanding how God works. That, yeah. I'm not worth any of the stuff that I have.

When you realize, it's all a gift. It's all a gift. And even if you work your brains out, you may not ever get all the things that you want. But you're going to have everything you need. Once you realize, carefully selecting friends makes a difference. My mother used to always say, show me your friends. I will show you your future.

It's true. Be careful who you select as friends. Watch your language. Watch what you're putting into your brain and what's coming out of your mouth. Because the brain is so amazing. It's being turned to mush. Did you know that there is a new study that just came out. I have to tell you about it next week, maybe.

New study going out. It is -- it's AI. And it has access to social media, and they have found that the AI -- the AI that is scrolling through social media all day, just to keep updated on everything that's going on in social media. It's getting brain mush. It's actually becoming dumber. It's become less effective!

It's a machine. What do you think this, flesh and blood, this thing is going to do?

We say life is meaningless. And life is the only thing that has any value. And yet, we spend all of our time, on things like social media. And that has absolutely no value.

But we think that's life.

I'm not that smart. I've just lived a long time. And I've made so many mistakes.

And I decided at one point, I'm going to stop saying, it's somebody else's fault. I'm going to start saying. Maybe -- what did I do to create that?

What did I do to attract that?

Why does this thing keep happening to me?

Why is it that I always find myself involved with these same kind of people?

Because, Glenn, dummy, it's you!

What you think, it's like -- it's like think of yourself as a -- as a beacon. It's just -- you're a beacon. Your GPS pin, that is constantly saying, here I am. Here I am. Here I am.

Except, it's transmitting more than just your location. It's -- it's transmitting what you're looking for, who you are. And it's attracting other dropped pins to you. It's saying, "I like this. I think this way. I believe these things. I am afraid of these things."

Whatever it is, you're thinking. It's constantly putting that out.

And saying, here I am. Is there anything else like that?

Anything else that can reinforce that? Anything else that can live like this?

Because that's me. Here I am. Here I am. Here I am.

That's why you keep finding yourself in exactly the same situations. Nothing will change, if nothing changes!

And the only thing that you can change, is you!

Seek the things, that have virtue.

Seek the things, that have beauty in music, in -- in art, in life, in architecture, in clothing! Whatever it is. Look for real, lasting beauty and value.

Find the things that are true! Truly true.

Universally true. Find the things that uplift. Seek those things!

And you will change your life and your world!

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Transcript