Tucker: Flynn's Guilty Plea Doesn't Prove Collusion

Judge Nap: How Flynn Plea Deal Could Lead to 'Constitutional Crisis'

On "Fox & Friends" this morning, Alan Dershowitz disputed claims from some Democrats that Special Counsel Robert Mueller could build an obstruction of justice case against President Donald Trump.

Dershowitz said Sen. Dianne Feinstein (D-Calif.) was incorrect when she argued that Trump obstructed the FBI investigation into possible collusion between his presidential campaign and Russia by asking former FBI Director James Comey to end the investigation into Michael Flynn and also by later firing Comey.

Dershowitz said a president cannot be charged with obstruction for merely exercising his constitutional authority.

On "America's Newsroom," Fox News senior judicial analyst Judge Andrew Napolitano came down on the side of Feinstein.

"I respect Professor Dershowitz greatly. I do not know Sen. Feinstein, but she, in my view, is correct here," he told Bill Hemmer. 

He said that if Trump asked Comey to end the investigation into Flynn for a non-corrupt purpose - such as if he felt sympathy for his former national security adviser or he wanted the bureau to use its resources on more important matters - it's not obstruction.

However, if Trump did it for a corrupt purpose - such as trying to protect himself or his son-in-law, Jared Kushner, from what Flynn might say - then it is obstruction and there is no presidential immunity, Napolitano said.

"Obstruction of justice is a crime no matter who commits it, if done for a corrupt purpose. It's also an impeachable offense," he said, adding that the charge is "intentionally not easy to prove" for a prosecutor.

Feinstein, the ranking Democrat on the Senate Judiciary Committee, said Sunday on "Meet the Press" that she believes an obstruction of justice case is forming.

"The Judiciary Committee has an investigation going as well and it involves obstruction of justice and I think what we're beginning to see is the putting together of a case of obstruction of justice,” she said. 

"I see it in the hyper-frenetic attitude of the White House, the comments every day, the continual tweets. And I see it most importantly in what happened with the firing of Director Comey, and it is my belief that that is directly because he did not agree to ‘lift the cloud’ of the Russia investigation. That’s obstruction of justice."

Watch Judge Napolitano's take above.

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