Isaac Chotiner: I saw your comment that the president cannot obstruct justice—
Alan Dershowitz: No no no no no. Of course the president can obstruct justice. Nixon obstructed justice. President Clinton was charged with obstructing justice. A president can’t obstruct justice by simply exercising his constitutional authority. That is: A president can’t obstruct justice by pardoning. A president can’t obstruct justice by firing somebody he’s authorized to fire. If a president bribes or takes a bribe, or if a president, as Nixon did, pays hush money, or tells his subordinates to lie to the FBI, or destroys evidence, of course he can be charged with obstruction of justice, but he can’t be charged with obstruction of justice simply by exercising his constitutional authority. That would be a clear violation of the separation of powers, to punish a president for exercising Article II authority.
An Interview With Trump’s New Favorite Lawyer, Alan Dershowitz
Alan Dershowitz: No no no no no. Of course the president can obstruct justice. Nixon obstructed justice. President Clinton was charged with obstructing justice. A president can’t obstruct justice by simply exercising his constitutional authority. That is: A president can’t obstruct justice by pardoning. A president can’t obstruct justice by firing somebody he’s authorized to fire. If a president bribes or takes a bribe, or if a president, as Nixon did, pays hush money, or tells his subordinates to lie to the FBI, or destroys evidence, of course he can be charged with obstruction of justice, but he can’t be charged with obstruction of justice simply by exercising his constitutional authority. That would be a clear violation of the separation of powers, to punish a president for exercising Article II authority.
An Interview With Trump’s New Favorite Lawyer, Alan Dershowitz