Dershowitz: Mueller Created a 'Comey Situation' by Punting on Obstruction Allegations
Legal scholar and Harvard Law professor emeritus Alan Dershowitz explained how Special Counsel Robert Mueller's report is reminiscent of former FBI Director James Comey public comments on the investigation into Hillary Clinton's use of a private email server.
Attorney General William Barr on Sunday released the "principal conclusions" of Mueller's completed Russia probe in a four-page letter to lawmakers, which stated definitively that Mueller did not establish evidence that Trump's team or any associates of the Trump campaign had conspired with Russia to sway the 2016 election.
According to Barr's letter, however, Mueller's report did not reach a conclusion on whether Trump obstructed justice, and left that decision to Barr and officials at the DOJ -- who determined there was insufficient evidence of obstruction.
On "Fox & Friends" Monday morning, Dershowitz said it was a "cop out" for Mueller neither to exonerate President Trump nor conclude he committed a crime related to obstruction.
"The job of a prosecutor is to evaluate the evidence on all sides and then come to a conclusion," Dershowitz said. "He was wrong not to say unequivocally, 'Look, we've looked at the evidence, and there is no case for obstruction."
He said Mueller has created a "Comey situation," referring to when the former FBI director announced that Clinton would not be charged for mishandling classified information, while at the same time criticizing her behavior as "extremely careless."
"Comey said, 'On the one hand, I'm not going to indict Clinton. On the other hand, what she did was terrible.' So the Democrats got something out of it, the Republicans got something out of it. Same thing is true here," Dershowitz said, noting that the president's supporters are calling it a vindication while his opponents are calling for further investigation.
"That's not what prosecutors are supposed to do. They're supposed to decide up or down, indict or not indict. And then shut up. That's it. Move on."
See more from Dershowitz above, and watch Trump attorney Rudy Giuliani react below.