Robert Mueller delivered an unexpected public statement about the conclusions of his two-year investigation into alleged Trump-Russia collusion on Wednesday. But while Mueller’s remarks were heralded by impeachment-obsessed Democrats and media figures — who claim the prosecutor made clear he wants Trump investigated by Congress — his words left others unimpressed and even regretful.
One such individual is famed liberal attorney and Fox News contributor Alan Dershowitz, who has apparently thrown in the towel on his support for the now-former special counsel.
Dershowitz quits on Mueller
Writing for The Hill, Dershowitz explained that what Mueller did on Wednesday was on par with — or even worse than — what disgraced and fired FBI Director James Comey did in 2016 with regard to former Secretary of State Hillary Clinton and the investigation into her private email server.
The Fox contributor noted that Comey faced wide criticism for going beyond the usual standards of a prosecutor by announcing that there’d be no charges filed even as he detailed some of Clinton’s actions that could have been prosecutable.
However, Mueller “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,” Dershowitz wrote.
“I have changed my mind”
“Until today, I have defended Mueller against the accusations that he is a partisan,” Dershowitz went on. “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.”
He continued: “But 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.”
Dershowitz went on to explain that a prosecutor should never publicly reveal evidence against an individual if that evidence is insufficient to support criminal charges. And despite what may be said by Democrats and the media, the special counsel investigation of President Trump was no different than any other investigation, Dershowitz writes.
Dershowitz also explained that unlike in a typical full adversarial trial — where both sides are heard, exculpatory evidence is considered, and witnesses are cross-examined — federal investigations like Mueller’s are inherently one-sided, as they search only for sufficient evidence to press charges, not to exonerate an accused subject.
“Such safeguards were not present in this investigation, and so the suggestion by Mueller that Trump might well be guilty deserves no credence,” Dershowitz wrote. “His statement, so inconsistent with his long history, will be used to partisan advantage by Democrats, especially all those radicals who are seeking impeachment.”
He concluded: “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 has been one of the few that has staunchly defended Mueller’s integrity and reputation as a fair lawman and prosecutor, but even he now sees clearly just how partisan Mueller truly is. The truth is out.