Alan Dershowitz appeared on Fox Business Network this morning to react to a new report that former FBI Director James Comey's memos about his meetings with President Trump contained classified information.
The Hill reported that Comey wrote a total of seven memos describing his talks with Trump on the Russia probe earlier this year, four of which had markings indicating they contained classified material at the “secret” or “confidential” level.
Trump took to Twitter Monday morning to declare it was "so illegal" for Comey to leak that classified information to the media.
James Comey leaked CLASSIFIED INFORMATION to the media. That is so illegal!
— Donald J. Trump (@realDonaldTrump) July 10, 2017
Dershowitz said Trump is making a mistake by rushing to judgment about an action being illegal, and also by trying to criminalize political differences.
"He doesn't like Comey. Nobody likes Comey, the Democrats don't like him, the Republicans don't like him," Dershowitz said. "But I'm not so sure that what he did was illegal. We have to know the facts."
He acknowledged, however, that it's "unseemly" for the FBI director to "launder" material that may have contained classified information to the media.
Comey admitted in congressional testimony that he used an old friend at Columbia University to get his memos leaked to The New York Times, with the intention of triggering the appointment of a special counsel to investigate Russian meddling in the campaign and possible collusion with Trump associates.
Dershowitz said we have the right to "condemn" Comey and hold him to the same standard he held Hillary Clinton to, but we're not entitled to declare his actions illegal before we have all the facts and evidence.
"I think we need an investigation. We shouldn't rush to call things criminal unless they are clearly criminal," Dershowitz said. "What I say about the critics of President Trump, I say about the critics of Comey: Let's not rush. Let's look at it. Let's analyze. Let's call it criminal only if it's really criminal."
Watch more above.