Famed legal expert Alan Dershowitz explained on Fox News on Tuesday that the Justice Department has clarified that sitting presidents cannot be "indicted, prosecuted, or tried while serving in office." He noted that a president must first face impeachment and removal from office before being charged with a crime. Back in May, Dershowitz tweeted his objection to the current probes into supposed collusion between Donald Trump’s political organization and Russians during the 2016 general election. He tweeted: “The Russia-Trump collusion story is a total hoax, when will this taxpayer funded charade end?”
On Fox News, Dershowitz said on Tuesday that there is no criminal act to investigate, when he referenced the probe being led by former Special Counsel Robert Mueller. Last week, the Washington Post reported that Mueller is currently investigating President Trump for supposed for obstruction of justice over his firing of former FBI Director James Comey. Since then, reports have been contradictory as to whether Mueller is indeed investigating the president.
As to Mueller’s probe and whether Trump is under investigation, Dershowitz said, "The answer is 'ish.' He's under investigation 'ish.'"
"The president would be making a terrible mistake by getting into the weeds of arguing the facts rather than sticking to the conceptual constitutional issues," Dershowitz said. Last month, Dershowitz suggested that Trump made a mistake by not pardoning former National Security Advisor Michael Flynn, who has also been a focus of by Mueller and Congress with regard to Russian meddling in the election.
On June 15, Dershowitz tweeted, “1. Prosecutor investigating possible evidence of a crime doesn't mean he agrees that firing FBI director/asking him to end investigation...2. constitutes criminal obstruction. If Mueller does believe that, he's wrong.”
"If I were the president's lawyer the first thing I would do is bring some masking tape and a pair of mittens," Dershowitz quipped with regard to Trump’s frequent use of social media. "This president got elected by tweeting so no lawyer is going to tell him to stop tweeting," he said.
Speaking on a related topic in a June 19 CNN interview, Dershowitz said that Trump should not face any criminal penalty for firing former FBI Director James Comey. "The president of the United States should not be subject to criminal prosecution for merely exercising his constitutional authority," he said. "In the absence of any statute to the contrary, the president has the authority fire the director of the FBI, and the president has the power tell the director of the FBI who to investigate, who not to investigate," he added.