Dershowitz: ‘You cannot question a president's motives when the president acts’

[mystery-ak]

Dershowitz: ‘You cannot question a president's motives when the president acts’
By Brett Samuels - 07/08/18 01:07 PM EDT

Attorney Alan Dershowitz asserted on Sunday that a president’s motives cannot be used to charge him or her with a crime while in office.

Dershowitz, who is a frequent defender of President Trump in the Russia investigation and an opinion contributor to The Hill, argued on ABC’s “This Week” that a president can’t be charged with obstruction of justice for  exercising his powers laid out in the Constitution.

“You cannot question a president’s motives when a president acts,” Dershowitz said.

“If a president pardons, that’s it. If a president fires, that’s it. You can’t go beyond the act and get into his motive or get into his intent,” he continued.

more
http://thehill.com/blogs/blog-briefing-room/396012-dershowitz-you-cannot-question-a-presidents-motives-when-the

[edpc]

Haldeman didn't seem to agree with Dersh on that, while speaking with Nixon, back in 1973.  His intentions were clear and on tape.


"What I mean to say is this. We're talking in the confidence of this room. I don't give a [expletive] what comes out on you or John or even on poor, damn, dumb John Mitchell. There is going to be a total pardon."

"Don't — don't even say that," Haldeman warned.

"You know it," Nixon went on, oblivious of the microphones. "You know it and I know it."

"No, don't say that," Haldeman protested again, to no avail.

http://www.washingtonpost.com/wp-srv/national/longterm/nixon/103097tapes.htm

[Oceander]

That’s not entirely true.  To the extent that the Bill of Rights, or the other amendments, make motive a factor - ie, proscribe certain motivations underlying a given government action - those amendments will apply to the powers granted to the President within the body of the original Constitution.

[Maj. Bill Martin]

That’s not entirely true.  To the extent that the Bill of Rights, or the other amendments, make motive a factor - ie, proscribe certain motivations underlying a given government action - those amendments will apply to the powers granted to the President within the body of the original Constitution.

Such as where? 

[Oceander]

Such as where? 

I didn’t have anything specific in mind.  I am simply pointing out that a blanket categorical like that is not necessarily true.  That is the problem with blanket categoricals.