Famed constitutional lawyer and Harvard scholar Alan Dershowitz told Maria Bartiromo on Tuesday that there is no criminal behavior for Special Counsel Robert Mueller to find in the investigation into alleged collusion between elements of Donald Trump’s political organization and Russians. “We're seeing a game of three-dimensional chess. Mueller is sending a very powerful message to the White House. ‘We have a flipper. You have some potential flippees out there: [former National Security Advisor Michael] Flynn,’” said the professor emeritus. “Flynn’s lawyers a are now sending message to the White House as well: ‘We may flip. We are not going to allow our client to go to jail. You have a choice: if you don’t want him to flip, you have the option of pardoning him. If you pardon him, he doesn’t flip.’”
When Bartiromo asked if Dershowitz believes that Flynn is now cooperating with Mueller’s team, Dershowitz said that Flynn’s legal counsel has made the “very odd” decision to announce ‘We have a story to tell. Please give us immunity.’ I think it may be a bluff. But he is certainly trying to get the attention of the Oval Office.” Pardoning Flynn, Dershowitz said, would come at a very great political cost to the president. It was in May that Flynn pleaded the Fifth Amendment of the Constitution, which protects citizens from self-incrimination.
This is a tactic used by “tough prosecutors,” said Dershowitz.
Regarding Mueller’s hiring of Democrat Andrew Weissman to the investigatory team, Dershowitz said, while lauding Weissman’s integrity and legal acumen, said that Mueller should have done a better job of finding legal experts with no political baggage. However, he said, “If you are going to engage in a political prosecution, and this is a political prosecution, you had better not give the other side the opportunity to make arguments that it has been politicized.”
Bartiromo asked for Dershowitz’s opinion about attaching President Trump to the Russia probe, saying “when we know that there is no evidence of collusion,” he answered “There is nothing criminal about it. This ought to be investigated by an independent commission looking into the relationship between Russia and political elections on both sides moving forward. There ought to be a Congressional investigation to see if maybe we need to change the law to prevent the president from firing the director of the FBI. The one place this should not be is before a grand jury. There is nothing criminal here. A grand jury is secret, behind doors, and it is costing us a fortune. We’re learning nothing. Nothing will come of it.”