UPDATE: Judge Napolitano responded to President Trump's tweet in an interview Monday morning on FOX Business network.



In an interview cited by the president on Twitter, legal scholar Alan Dershowitz makes the case for why FOX News judicial analyst Andrew Napolitano is wrong when he says the Mueller report demonstrates that President Trump committed obstruction of justice.





"In my introduction to the Mueller report, I go through the elements of obstruction of justice. The act itself has to be illegal. It can't be an act that is authorized under Article Two of the Constitution," Dershowitz said,



"It can't be obstruction of justice if the president is acting within his authority. Nixon obstructed justice because he acted outside his authority -- destroying evidence, paying hush money, ordering his subordinates to lie to the FBI."





....Ever since Andrew came to my office to ask that I appoint him to the U.S. Supreme Court, and I said NO, he has been very hostile! Also asked for pardon for his friend. A good “pal” of low ratings Shepard Smith. — Donald J. Trump (@realDonaldTrump) April 28, 2019

ANDREW NAPOLITANO: When the president asked Corey Lewandowski, his former campaign manager, to get Mueller fired, that is obstruction of justice. When the president asked his then-White House counsel to get Mueller fired and then lie about it, that's obstruction of justice. When the president asked Don McGahn to go back to the special counsel and change his testimony that's obstruction of justice... But ordering obstruction to save himself from the consequences of his own behavior is unlawful, defenseless and condemnable.



FOX NEWS HOST: Do you agree? Is this obstruction of justice?



ALAN DERSHOWITZ: I do not agree. I think Judge Napolitano is terrific and we often agree about the law, but in my introduction to the Mueller report, I go through the elements of obstruction of justice. The act itself has to be illegal. It can't be an act that is authorized under Article Two of the Constitution.



FOX NEWS HOST: So firing the FBI director can't--?



DERSHOWITZ: It's not even a close case.



The best analogy is President George H.W. Bush pardoned Casper Weinberger on the eve of his trial in order to stop the Iran-Contra investigation. The special prosecutor said he did it for that reason. Nobody suggested obstruction. It can't be obstruction of justice if the president is acting within his authority.



Nixon obstructed justice because he acted outside his authority -- destroying evidence, paying hush money, ordering his subordinates to lie to the FBI.



FOX NEWS HOST: Napolitano said he told people to write letters to the file, he told people to go and deliver messages.



DERSHOWITZ: Not obstruction of justice, those are all legal acts. If he ever told somebody to lie in front of a grand jury, that would be obstruction of justice.