Alan Dershowitz was not impressed this morning by Mueller’s statement. In fact it was so bad that Dershowitz is now accusing Mueller of being a partisan, something he’s never done before:

THE HILL – Comey was universally criticized for going beyond his responsibility to state whether there was sufficient evidence to indict Clinton. Mueller, however, did even more. He went beyond the conclusion of his report and gave a political gift to Democrats in Congress who are seeking to institute impeachment proceedings against President Trump. By implying that President Trump may have committed obstruction of justice, Mueller effectively invited Democrats to institute impeachment proceedings. Obstruction of justice is a “high crime and misdemeanor” which, under the Constitution, authorizes impeachment and removal of the president. Until today, I have defended Mueller against accusations that he is a partisan. I did not believe that he personally favored either the Democrats or the Republicans, or had a point of view on whether President Trump should be impeached. I have now changed my mind. By putting his thumb, indeed his elbow, on the scale of justice in favor of impeachment based on obstruction of justice, Mueller has revealed his partisan bias. He also has distorted the role of a prosecutor in our justice system.

This is how it sounded to me as I listened to Mueller’s statement live.







He was telegraphing to Democrats that he felt Trump was guilty but his hands were tied when he said “if we had confidence that the President clearly did not commit a crime, we would have said that.”

And he suggested to Democrats that another process must take up the cause against Trump when he said “And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing.”

In my opinion those two statements encompass the main impetus of the statement this morning.

Dershowitz continues:

Virtually everybody agrees that, in the normal case, a prosecutor should never go beyond publicly disclosing that there is insufficient evidence to indict. No responsible prosecutor should ever suggest that the subject of his investigation might be guilty even though there was insufficient evidence or other reasons not to indict. Supporters of Mueller will argue that this is not an ordinary case, that he is not an ordinary prosecutor, and that President Trump is not an ordinary subject of an investigation. They are wrong. The rules should not be different here.

No prosecutor should ever say or do anything for the purpose of helping one party or the other. I cannot imagine a plausible reason why Mueller went beyond his report and gratuitously suggested that President Trump might be guilty, except to help the Democrats and to encourage impeachment talk and action. Shame on Mueller for abusing his position of trust and for allowing himself to be used for partisan advantage.

Mark Levin recognized Mueller’s partisanship early on and it’s become evident to many along the way. I am glad Dershowitz is finally seeing it too.