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Dershowitz: Trump's lawyers could force Rosenstein to recuse himself from Mueller probe
The Hill ^ | 09/22/18 | John Bowden

Posted on 09/22/2018 9:25:23 AM PDT by yesthatjallen

Harvard law professor Alan Dershowitz says that President Trump could fight in court to force Deputy Attorney General Rod Rosenstein to recuse himself in the special counsel investigation into Russian meddling in the 2016 election.

Dershowitz made the comments in an interview on CNN's "Smerconish" after it was reported by The New York Times that Rosenstein brought up the possibility of recording Trump in the Oval Office last year.

Rosenstein has said that he "never pursued or authorized recording the President and any suggestion that I have ever advocated for the removal of the President is absolutely false."

Dershowitz suggested Saturday: "What he [Trump] could do very plausibly is have his lawyers go to court and make a motion to recuse Rosenstein from any involvement in any case involving the president."

"Because he has a conflict of interest," said Dershowitz, who is also an opinion contributor for The Hill. "He has two conflicts of interest: First, he wrote the memo...authorizing the firing of Comey. You can't both investigate obstruction of justice and be part of the obstruction of justice."

"But second, he has a conflict now because the Times reports that his goal is to be 'vindicated,' and the way he can be 'vindicated' is by putting all the blame on President Trump," Dershowitz added in the interview.


TOPICS: News/Current Events
KEYWORDS: alandershowitz; dershowitz; dnctalkingpoint; dnctalkingpoints; jamescomey; johnbowden; lisabarsoomian; lisapage; mediawingofthednc; michaelcohen; mueller; partisanmediashills; peterstrzok; presstitutes; robertmueller; rodrosenstein; rosenstein; smearmachine; thedersh; thehill; trump
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Make it so.
1 posted on 09/22/2018 9:25:23 AM PDT by yesthatjallen
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To: yesthatjallen

Hope Trump does this. He wouldn’t be firing him so the nuts couldn’t scream about that.


2 posted on 09/22/2018 9:28:08 AM PDT by nclaurel
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To: nclaurel

I agree. That would not only mostly neuter Rosenstein, it would take away the attacks from the left. Also, pull his clearance. That is a privilege not a right.


3 posted on 09/22/2018 9:32:23 AM PDT by Dutch Boy
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To: yesthatjallen

Makes a lot of sense. But, if he did, to whom would Mueller report?


4 posted on 09/22/2018 9:33:20 AM PDT by be-baw (still seeking...)
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To: yesthatjallen

easier to just tell Sessions to fire Rosie and the Mueller gang


5 posted on 09/22/2018 9:33:35 AM PDT by faithhopecharity ("Politicians aren't born, they're excreted." -Marcus Tillius Cicero (3 BCE))
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To: faithhopecharity

“easier to just tell Sessions to fire Rosie and the Mueller gang”

Easier? Sessions would refuse Trump’s order! Bet on it! Sessions is pure deep state scum.


6 posted on 09/22/2018 9:37:55 AM PDT by vette6387
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To: Dutch Boy

That would not only mostly neuter Rosenstein

**************

Maybe, but leaving his around to make mischief is foolish. He needs to be fired.

What on earth does it take these days to fire someone? If there ever was a case for firing a person, Rosenstein is it.


7 posted on 09/22/2018 9:40:03 AM PDT by Starboard
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To: vette6387

easy to fire Sessions too


8 posted on 09/22/2018 9:42:36 AM PDT by faithhopecharity ("Politicians aren't born, they're excreted." -Marcus Tillius Cicero (3 BCE))
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To: faithhopecharity

easy to fire Sessions too

*****************

Agree, on the basis of incompetence and refusal to do his job.


9 posted on 09/22/2018 9:45:37 AM PDT by Starboard
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To: yesthatjallen

Agreed.


10 posted on 09/22/2018 9:48:36 AM PDT by ameribbean expat (Socialism is like a nude beach - - sounds great til you actually get there. -- David Burge.)
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To: yesthatjallen
None of Mr. Rosenstein’s proposals apparently came to fruition. It is not clear how determined he was about seeing them through, though he did tell Mr. McCabe that he might be able to persuade Attorney General Jeff Sessions and John F. Kelly, then the secretary of homeland security and now the White House chief of staff, to mount an effort to invoke the 25th Amendment.

This is from the NYT article. It raised a big red flag for me and I wonder why no one else is talking about this. IF it is true, what would make Rosenstein think Sessions and Kelly would be persuadable? Or is it just a way to sow discord in the administration?

11 posted on 09/22/2018 9:51:51 AM PDT by Shethink13 (there are 0 electoral votes in the state of denial)
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To: yesthatjallen

I can’t find anything on the net about Jeff Sessions reaction to the nyt Rosenstein article. Is he hiding in a bunker somewhere?


12 posted on 09/22/2018 9:59:34 AM PDT by Flaming Conservative ((Pray without ceasing))
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To: Dutch Boy

Stop inviting him to meetings and including him on white house communications - just ignore him and let him sit in his office.


13 posted on 09/22/2018 9:59:36 AM PDT by GaltMeister (All that is necessary for the triumph of evil is that good men do nothing.)
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To: be-baw

That is the key question.

First, someone determined to shut down The Witch Hunt needs to be in place to be Mueller’s boss post-Rosenstein.

Then, Rosenstein needs to be excised from involvement one way or another.


14 posted on 09/22/2018 10:10:53 AM PDT by Architect of Avalon
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To: Architect of Avalon

Regardless of who might take his place, ROSENWEASEL needs to be purged.


15 posted on 09/22/2018 10:18:13 AM PDT by EagleUSA
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To: faithhopecharity

“easy to fire Sessions too”

Yes, it is, but weathering the resulting “$hit Storm” is another matter. Trump is holding his fire until November. No need to give the RATs any ammo at this juncture. But I am betting payback will be a bitch when he does it.


16 posted on 09/22/2018 10:20:49 AM PDT by vette6387
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To: yesthatjallen

If the RR statements against the President can be independently verified, is it possible to go to court and have a judge order Mueller to cease and desist, to stop the investigation and reverse all action that has taken place?? This is an honest question as I have no knowledge of the law in these particular matters.


17 posted on 09/22/2018 11:22:17 AM PDT by elpadre (AfganistaMr Obama said theoal was to "disrupt, dismantle and defeat al-hereQaeda" and its allies.)
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To: yesthatjallen
My problem is that it was a NYT article quoting/paraphrasing un-named sources. Not exactly a reputable news source. Rosenstein probably did talk about taping. But, I'm waiting for someone who actually heard it to stand up and say it happened. Until then, it is just fake news from the NYT aimed at causing chaos and hoping the President over-reacts.
18 posted on 09/22/2018 11:35:44 AM PDT by NutsOnYew
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To: yesthatjallen

He should have recused himself in the first place, since he recommending in writing that Trump fire Comey, which precipitated the whole thing. Does Rosenstein believe himself to have given Trump a bad recommendation then? Or, did Rosenstein give him that recommendation with the express intention of triggering an investigation? Either way, Rosenstein should not now be involved.


19 posted on 09/22/2018 11:42:02 AM PDT by RegulatorCountry
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To: Starboard

I can only assume if Rosenstein were gone the next DS felon in line at DOJ would continue the resistance.


20 posted on 09/22/2018 12:45:15 PM PDT by hardspunned
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