Alan Dershowitz US politics

Alan M. Dershowitz: Is This the End of Office of Special Counsel?……


 

Is This the End of Office of Special Counsel?

by Alan M. Dershowitz  •  July 25, 2019 at 5:00 am

  • Ordinary prosecutors are not allowed to comment about why they decided not to prosecute the subject of an investigation. The Mueller Report, when made public, violated that salutary tradition. It contained negative information about people, including the president, who will have no opportunity to respond in a legal proceeding.
  • The report and the testimony introduced the novel and dangerous concept into our legal vocabulary: “Not exonerated.”
  • From day one, I proposed an alternative: namely the appointment of a nonpartisan expert commission whose job it is to investigate the role of Russia in trying to influence American elections and to influence our American democratic processes. Like the 9/11 Commission, this Russia Commission would not be pointing prosecutorial fingers for past derelictions, but would be focused primarily on preventing Russia from continuing to influence our American political processes. Prosecutors, like the Special Counsel, operate behind closed doors and in secret. They hear only one side of the story.

 

Robert Mueller’s performance in front of Congressional committees should mark the end of special counsels, special prosecutors, independent counsels and the like. These hearings demonstrated, if any further demonstration was required, how dangerous it was to go outside of the normal processes of criminal justice. Pictured: Mueller (front) testifies before the House Intelligence Committee on July 24, 2019 in Washington, DC. (Photo by Alex Wong/Getty Images)

Robert Mueller’s performance in front of Congressional committees should mark the end of special counsels, special prosecutors, independent counsels and the like. These hearings demonstrated, if any further demonstration was required, how dangerous it was to go outside of the normal processes of criminal justice.

 

Ordinary prosecutors are not allowed to comment about why they decided not to prosecute the subject of an investigation. The Mueller Report, when made public, violated that salutary tradition. It contained negative information about people, including the president, who will have no opportunity to respond in a legal proceeding.

 

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