Dershowitz : Trump is right: The special counsel should never have been appointed

 

But don’t tell the people who are all in on on the “Trump is Hitler” thing. They CAN”T come back to reality. It would mean, like Mueller, that they have failed. That all that ranting and hatred was for naught. Trump’s election was hard enough. Coming to the (likely) realization that they were wrong all along might be too much for some to bear.

Still, the standard caveat. We remain open to the Russian collusion thing until the matter has very solidly and reasonably been closed. We will err on that side of the equation even if it gives the whipped up mob more currency than it probably deserves.

(From The Hill)

The vice of a special counsel is that he is supposed to find crimes, and if he comes up empty-handed, after spending lots of taxpayer money, then he is deemed a failure. If he can’t charge the designated target — in this case, the president — he must at least charge some of those close to the target, even if it is for crimes unrelated to the special counsel’s core mandate. By indicting these low-hanging fruits, he shows that he is trying. Maybe those lesser defendants will flip and sing against higher-ups, but the problem is that the pressure to sing may cause certain defendants to “compose,” meaning make up or enhance evidence in order to get a better deal for themselves.

In this case, the appointment of a special counsel has done more harm than good. It has politicized our justice system beyond repair. The FBI deputy director has been fired for leaking and lying. His testimony appears to be in conflict with that of the former FBI director as to whether the leaks were authorized. Messages by high-ranking FBI agents suggest strong bias against Trump. A tweet by the former CIA director reveals equally strong negative views of the president. Perhaps these revelations prove nothing more than that law enforcement and national security officials are human and hold political views like everyone else.

But these views are not supposed to influence their decisions. In our age of hyperpartisanship, the public has understandably lost confidence in the ability and willingness of our leaders to separate their political views from their law enforcement decisions. This is not all attributable to the appointment of the special counsel, but the criminalization of political differences on both sides of the aisle has certainly contributed to the atmosphere of distrust in our justice system.

The public has lost faith in the leadership of the Justice Department and the FBI.

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