Alan Dershowitz, a former Professor of Law, Emeritus, at Harvard Law School, has penned a scathing editorial on Robert Mueller’s comment that “if we had confidence that the president clearly did not commit a crime, we would have said that.”

As a prosecutor Mueller is not in a position to determine guilt or innocence — that decision “requires a full adversarial trial with a zealous defense attorney, vigorous cross examination, exclusionary rules of evidence and other due process safeguards.

According to Dershowitz “prosecutors can only conclude whether there is sufficient evidence to commence a prosecution.”

Writes Dershowitz in The Hill:

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 critical role of a prosecutor in our justice system.

….No responsible prosecutor should ever suggest that the subject of his investigation might indeed be guilty even if there was insufficient evidence or other reasons not to indict

….federal investigations by prosecutors, including special counsels, are by their very nature one-sided. They hear only evidence of guilt and not exculpatory evidence. Their witnesses are not subject to the adversarial process. There is no cross examination. The evidence is taken in secret behind the closed doors of a grand jury. For that very reason, prosecutors can only conclude whether there is sufficient evidence to commence a prosecution. They are not in a position to decide whether the subject of the investigation is guilty or is innocent of any crimes.

That determination of guilt or innocence requires a full adversarial trial with a zealous defense attorney, vigorous cross examination, exclusionary rules of evidence and other due process safeguards. Such safeguards were not present in this investigation, and so the suggestion by Mueller that Trump might well be guilty deserves no credence.

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 Democrats in Congress and to encourage impeachment talk and action. Shame on Mueller for abusing his position of trust and for allowing himself to be used for such partisan advantage. [Dershowitz: Shame on Robert Mueller for exceeding his role | The Hill]

His new book is “The Case Against the Democratic House Impeaching Trump.

 

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