Over the past week, I have written several times about Professor Alan Dershowitz’s arguments that Mr. Trump could not have committed the crime of obstruction of justice in relation to the Flynn-Russia investigation-Comey firing imbroglio, or the crime of extortion in connection with the Morning Joe – National Enquirer cat fight. In each case, I concluded that Professor Dershowitz has been unduly dismissive of fair arguments from the applicable law, even though I concur with his underlying theme that there is great risk in yielding to the temptation to criminalize political disagreements for partisan ends.
Yesterday, Professor Randall Eliason of George Washington University Law School, author of the outstanding white collar crime blog, Sidebars, was kind enough to point me to his own careful and erudite rebuttal of Professor Dershowitz’s argument against obstruction liability for Mr. Trump. This is the link: https://sidebarsblog.com/trump-obstruction-justice-alan-dershowitz-wrong/
I commend his first rate discussion to interested readers.