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The Coach’s Team (TCT) offers the best in conservative essays along with articles taken from various internet sites. The victory of Donald Trump has provided a God-sent opportunity to reverse the years of willful damage done our nation by Barack Hussein Obama.
Thursday, December 21, 2017
Alan Dershowitz: Trump doesn’t need to fire Mueller--here’s why
Hat Tip: karinsue1
The following article appeared on Fox News on December 18th
The Trump team is probably not going
to seek to fire Special Counsel Robert Mueller. To do so would be to provoke
Trump’s crucial supporters in Congress. Instead, they seem to be seeking
to discredit him and his investigation.
This is apparently designed to
achieve two possible results: the first is to put pressure on the special
prosecutor to lean over backwards in order to avoid any accusation of bias
against Trump and his team. Mueller cares deeply about his reputation for integrity
and will want to emerge from this process with that reputation intact.
Accordingly, he may err – consciously or unconsciously – in favor of Trump in
close cases so that the public will regard him as unbiased and
This is a classic tactic used by
lawyers, athletic coaches, business people and others in how they deal with
decision makers. The great Red Auerbach, former coach of the Boston
Celtics, once told me that when he screams loudly at officials, he generally
gets the next close call in his favor. I have heard the same from
baseball managers regarding balls and strikes.
This is a somewhat risky strategy in
the context of law, because attacking the decision maker could also
backfire. Whoever thinks about using this tactic should understand the
particular decision maker against whom it is directed. Mueller seems like
an appropriate target because of his concern for his reputation for fairness.
All in all, the Trump
team is in a better position continuing to challenge Mueller than trying to get
rid of him as the special counsel.
Even if this tactic were not to work,
the attack on Mueller gives the Trump team some legal weaponry in the event of
an indictment or a recommendation for impeachment. If a significant
portion of the country believes that the special counsel was unfair, this could
help in legal proceedings before judges or jurors.
So attacking Mueller may appear to be
a win-win tactic for the team – certainly a lot better than firing
Mueller. Fortunately for the Trump team, Mueller has played into their
hands by his sloppiness in conducting the investigation. He has been
incautious with his choice of personnel – too many of them seem biased against
Trump, not only by their backgrounds, but by their tweets and messages.
When you go after a president, you must be Caesar’s wife – above suspicion or
reproach. Mueller seems to be failing the Caesar’s wife test.
Moreover, the manner by which he acquired emails and other documents from the
Trump transition team may raise some legal questions. The same may be
true if he used the questionable dossier against Trump as a basis for securing
All in all, the Trump team is in a
better position continuing to challenge Mueller than trying to get rid of him
as the special counsel.
This is not a game, of course.
Lives and liberty are at stake, but gamesmanship has always been part of our
legal system, for better or worse.
Mueller can improve his situation in
several ways. First, he should appoint an ethics expert to advise him – a
former judge who is beyond reproach. Names like George Mitchell, Louie
Freeh, and Justice David Souter come to mind. That advisor could assure
him in going forward there will be no more embarrassing revelations of messages
or emails that create the appearance, if not the reality, of bias. He
must also be more careful in how he obtains evidence. The last thing he
should do is give ammunition to defense attorneys to challenge his evidence
In setting out this analysis, I am
not taking sides. I am simply sharing my 50 years of experience as a
criminal defense lawyer who has seen the criminal justice system up-close,
warts and all. As James Madison wrote in Federalist 51 “Perhaps everyone
will agree that if we were all angels, no state would be necessary,
and if angels were the governors, they would require neither internal nor
external constraints to ensure that they governed justly.” Neither the
Trump team nor the Mueller team are angels. They are human beings with
human limitations. But an investigation of a president must be as close
to angelic as any human endeavor can be. Otherwise the public will not
have confidence in the results.
Ed. In general, I have a great deal of respect for the opinions of Alan Dershowitz. But the notion that Robert Mueller may have overriding concern "for his reputation for fairness" is laughable given the background and political bent of those he has hired to assist in his investigation.
Also, Dershowitz's suggestion that Mueller hire someone like former Justice David Souter as an ethics expert; Oh, come on Alan. Souter was a died-in-the-wool liberal during his years on the Court, handing down decisions based solely on his left-wing political leanings rather than on the language or intent of the Constitution.
Though he is often a fair-minded liberal, Dershowitz has allowed his true colors to bleed through in this article.