Alan Dershowitz said Tuesday on Fox & Friends that he believes Rod Rosenstein won't hold his position as deputy attorney general after November's midterm elections.

President Trump and Rosenstein will meet on Thursday following a New York Times report that said Rosenstein suggested secretly recording the president.

The bombshell story also claimed that Rosenstein suggested invoking the 25th Amendment to remove Trump from office, though Rosenstein contended he made the comments in jest. 

"I think he's done," said Dershowitz, a Harvard Law professor emeritus, adding the only thing to be decided is the "timing."


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Dershowitz, however, criticized Rosenstein for even suggesting the 25th Amendment could be used.

"The day he mentioned the 25th Amendment, he was out," Dershowitz said. "You don't use the 25th Amendment promiscuously."

The provision allows for the replacement of the president with the vice president in the case of death or a serious medical impairment. 

Dershowitz also said that invoking the 25th Amendment as it pertains to President Trump would be an "unlawful coup" and "illegal." 

He emphasized that New York Times reporter Michael Schmidt has stood by the story on Rosenstein, maintaining the comments about the 25th Amendment were not made in a joking manner.


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