Legendary Lawyer EXPOSES Fatal Flaws In Flynn Charges
Alan Dershowitz is America's preeminent constitutional and criminal law scholar. At 28, he became the youngest professor ever hired by Harvard University in its 381-year history. His credentials are unimpeachable.
In an op-ed for The Hill, Dershowitz explains how Michael Flynn's guilty plea reveals a great deal about the partisan nature of Mueller's investigation.
Firstly, we should note that Flynn committed no crime. It's unclear why he lied to FBI agents about his conversations with Russian Ambassador Sergey Kislyak, but their discussions were not criminal.
Consider [Flynn's] request to Sergey Kislyak, the Russian ambassador to the U.S., to delay or oppose a United Nations Security Council vote on an anti-Israel resolution that the outgoing Obama administration refused to veto. Not only was that request not criminal, it was the right thing to do. President Obama’s unilateral decision to change decades-long American policy by not vetoing a perniciously one-sided anti-Israel resolution was opposed by Congress and by most Americans. It was not good for America, for Israel or for peace. It was done out of Obama’s personal pique against Israeli Prime Minister Benjamin Netanyahu rather than on principle.
Many Americans of both parties, including me, urged the lame-duck Obama not to tie the hands of the president-elect by allowing the passage of a resolution that would make it more difficult to achieve a negotiated peace in the Middle East.
Dershowitz extrapolates that as president-elect, Trump had the prerogative and mandate to urge members of the U.N. Security Council to vote against the outgoing Obama's resolution. The self-identified liberal then scolds progressive activists:
Some left-wing pundits, who know better, are trotting out the Logan Act, which, if it were the law, would prohibit private citizens (including presidents-elect) from negotiating with foreign governments. But this anachronistic law hasn’t been used for more than 200 years. Under the principle of desuetude — a legal doctrine that prohibits the selective resurrection of a statute that has not been used for many decades — it is dead-letter. Moreover, the Logan Act is unconstitutional insofar as it prohibits the exercise of free speech.
If it were good law, former Presidents Reagan and Carter would have been prosecuted: Reagan for negotiating with Iran’s ayatollahs when he was president-elect, to delay releasing the American hostages until he was sworn in; Carter for advising Palestinian leader Yasser Arafat to reject former President Clinton’s peace offer in 2000-2001. Moreover, Jesse Jackson, Jane Fonda, Dennis Rodman and others who have negotiated with North Korea and other rogue regimes would have gone to prison.
The left's entire narrative crumbles under the weight a few well-constructed paragraphs. It's a beautiful sight and further proof this whole damn thing is a farce.
(H/T The Hill)