Numerous Democratic officials have called for new Acting Attorney General Matthew Whitaker to recuse himself from overseeing the Mueller probe, but Alan Dershowitz believes Deputy Attorney General Rod Rosenstein is more subject to recusal than Whitaker.

After President Trump tapped Whitaker to replace Jeff Sessions, who was forced to resign within hours of Tuesday’s midterm elections, 18 state attorneys general signed a document calling on the new AG to recuse himself from the probe, citing in part his “hostility” to the investigation given his past criticism in the media.

Trump on Friday shot down calls for Whitaker's recusal, arguing that his public comments on the probe are not out of the ordinary for a high-ranking official.

Dershowitz, a Harvard Law professor emeritus and author of "The Case Against Impeaching Trump," said the petition is a bit "hypocritical," because what they really want is for Rosenstein, not Whitaker, to oversee Special Counsel Robert Mueller's probe.


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"Rosenstein is much, much, much more subject to recusal than Whitaker," Dershowitz said.

He explained that Rosenstein is a witness in the investigation he's overseeing -- and possibly even a "subject" or "target" -- and he was centrally involved in the firing of former FBI Director James Comey.

"You have to look at both of these people, Whitaker and Rosenstein, and ask yourself whether Rosenstein should be involved in this investigation at all," Dershowitz said. "The matter of Whitaker is controversial and subject to dispute, but I think Rosenstein's recusal is not a matter of dispute."

"He should have been out of this case from day one."

Watch more from Dershowtiz above.


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