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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.

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.

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.

TV

WATCH: Weaponizing Crisis: Exposing the Hidden Hand After January 6

First comes the "crisis," then comes the expansion. The federal government is seizing on the January 6 Capitol riot to take carte blanche to do whatever it wants and weaponize the event to further empower the new overlords of our country — the intelligence community.

On Glenn TV Wednesday, Glenn Beck reveals what's happening with the U.S. Capitol Police and argues they've morphed into a new arm of the intelligence apparatus, boosted by a massive increase in funding and surveillance equipment and new offices OUTSIDE the Capitol building. The Biden administration has also hidden basic details regarding January 6. Why did officials refuse to release the name of the officer who killed Ashli Babbitt? Where are the 14,000-plus hours of CCTV footage? As any intelligence organization knows, it's best to operate outside the realms of oversight.

Glenn exposes the hidden hand of government that could be used to punish and destroy innocent Americans who are only guilty of holding the "wrong" political view.

Watch the full episode of "Glenn TV" below:

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To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

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ARTICLES

‘Both miraculous and horrendous’: Glenn Beck gives emotional update on Afghanistan rescue

The conditions in Afghanistan under the Taliban rule — for Americans, allies, Christians, women and more — continue to deteriorate, and the people there continue to plead that we will not forget them. On the radio program Monday, Glenn Beck gave an emotional update on current evacuation efforts, including the tragic story of one girl — an American passport holder — who was not rescued in time.

"I have a pit in my stomach like I haven't had in a while. What is happening in Afghanistan is both miraculous and horrendous," Glenn began. "What's going on right now one of the most amazing things I've ever personally witnessed — the evacuation of Americans, those [Afghans] who helped us, Christians that are dying, women that are under incredible conditions. I see things that I can't show you. I see the pleadings from people who are in safe houses, 'Please, don't forget us.' I see what they're being sent by the Taliban.

"If I die today, my entire life will have been worth it for what you have helped get done, in just the last three weeks. You have saved well over 5,000 people," he continued.

Fighting back tears, Glenn added, "I ask that you pray for those in the Middle East, that are in the midst of doing work, that a Moses-style miracle will happen. ... There are several people that are in dire need of medical care. Friday, we told you — along with the congressman from Oklahoma [Rep. Markwayne Mullin] who had just returned — [about] a father and two daughters that were blue passport Americans, and a mother who had a permanent residence, a Green Card. The daughter was very ill. And they thought, that if we couldn't get her out of there, that she would lose her legs. I got a call on Saturday morning, that we were too late, that she didn't lose her legs. She lost her life, waiting. There are now two Americans, instead of three."

Glenn showered his audience with gratitude, repeating that "well over 5000" lives have already been saved because of their incredible generosity, but lamented that there are still thousands more people yet to be saved.

Watch the video clip below to hear more updates from Glenn:

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To donate to these rescue efforts, visit NazareneFund.org or MercuryOne.org.

Want more from Glenn Beck?

To enjoy more of Glenn's masterful storytelling, thought-provoking analysis and uncanny ability to make sense of the chaos, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution and live the American dream.

RADIO

Economic TAILSPIN? THIS may be why The Fed stopped publishing GDP reports

Branches of The Federal Reserve Bank recently announced — while nobody was paying attention — their decisions to stop publishing GDP forecast reports that the financial industry 'has used forever,' Glenn says. But now new updates from the Atlanta Fed may provide clues as to why these reports have been suspended. Those clues hint at a coming 'economic tailspin,' Glenn says. And, 'When you know something is going to cause the economy to go into a tailspin,' Glenn explains, 'you can either just say, well, that's the truth…or you can just hide it. You can just not publish it.'

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You must resist THESE recent LIES from the left. Here’s how.

From AOC's latest phrase to Google's new diversity training, the left is FULL of lies. Glenn details their recent ones and then urges you to RESIST them. How? The first step is to always — peacefully — stand for the truth: 'the smallest sand of truth MUST be your foundation.'