Alan Dershowitz Explains How Trump May Have Already Undermined His Best Legal Defense Against Mueller
Alan Dershowitz — a legal expert who has become something of an unexpected defender of President Donald Trump on a number of issues in recent months — said Tuesday night that the president may have already undermined one of his best legal defenses against special counsel Robert Mueller.
Dershowitz made his comments on CNN speaking with host Anderson Cooper. Earlier in the night, multiple outlets reported that Mueller had raised the possibility of subpoenaing Trump if he refused to be interviewed willingly.
"The courts of law will compel him to answer some questions and, as I've said, perhaps the questions he's most vulnerable on," Dershowitz said. "I don't know, he may have no vulnerabilities at all. But he has no legal claim, no constitutional claim, about his business relations, what he did before he was president. There is some possible argument that he has some executive privilege claim."
In other words, Trump could be forced to testify on questions about his actions before he became president. The office of the president offers some protection from review, Dershowitz noted, but in Trump's case, he may have already undermined such a claim.
"He may have waived some executive privilege," Dershowitz continued. "If you tweet and you go public and you say things and then say, 'Oh, I won't answer questions about that because I have executive privilege.' There is a concept of waiver and the president may have inadvertently waived some of his executive privilege by some promiscuously speaking and tweeting about many of these same issues in the public. So that could come back and bite him."
So because Trump has commented so extensively on Mueller's investigation by claiming he never obstructed justice or colluded with the Russians, he may have forfeited any claim a president that he can't be forced to speak on these matters by the special counsel.
Watch the clip below:
Alan Dershowitz: "If you tweet and you go public and you say things and then say, 'oh, I won't answer questions about that,' because I have executive privilege. There is a concept of waiver and the President may have inadvertently waived some of his executive privilege" pic.twitter.com/Fm8h3WwdxO— Anderson Cooper 360Â° (@AC360) May 2, 2018