Dershowitz Grades Toobin's Case For Obstruction "C-Minus Answer"; What If He Pardoned Flynn?

Appearing on the Mike Gallagher Show, Professor Alan Dershowitz gave CNN's Jeffrey Toobin a C- for his legal opinion concluding this was a clear case of obstruction of justice by President Trump.





ALAN DERSHOWITZ: That's a C-minus. I think Jeffrey got an A+. He was a really good student. But that was a C-minus answer.



The president could have called in the head of the FBI and said, look: you are directed not to prosecute this guy. He is a good guy. And that would have been allowed. There is no problem under the constitution with the president deciding who to prosecute. That's what Thomas Jefferson did, that's what Abraham Lincoln did, that's what John Kennedy did. Moreover, he could have done it in a much more direct way.



He could have said to Comey: Your investigation of Flynn is over. I am now pardoning him. End of it. I am doing what George Bush I did. I'm pardoning him. That is my power. Is that obstruction of justice?



Can a president be indicted for exercising his power of pardon?



Of course not, unless he was bribed to do it... or some other independently criminal act. But Jeffrey, great guy, very smart... He'd probably give me a D+ on my analysis, but he was the student and I am the teacher.



Jeffrey Toobin was a former student of Prof Dershowitz at Harvard Law.