Constitutional scholar Alan Dershowitz said on “Hannity” Wednesday night that deputy attorney general Rod Rosenstein must be recused for authorizing the FBI raid on Michael Cohen’s offices in New York.

First, former U.S. attorney Joe diGenova said that President Trump should fire Rosenstein before Dershowitz chimed in that he’d “do it differently.”

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“I think Rod Rosenstein is recused,” he told host Sean Hannity. “I don’t think he can serve on an investigation in which he will end up being the key witness.”

“If I were a lawyer for Donald Trump, and I am not, I am just saying what I would say about anybody, I would be making a motion in front of a judge,” he explained. “First I’d make it in the Justice Department, to recuse Rosenstein. Then I’d make it in front of a judge. You cannot be a prosecutor and you cannot be a witness in the same case.”

Dershowitz – a “lifelong member of the American Civil Liberties Union” – said the most “disturbing” aspect of the Cohen raid was that the ACLU “went out of its way to justify and defend the raid on the lawyer’s office.”

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