SANDRA SMITH (CO-HOST): This goes back to December 3, 2018, professor, in which the president tweeted out, quoting Roger Stone, “I will never testify against Trump.” The president went on to write, “This statement was recently made by Roger Stone, essentially stating that he will not be forced by a rogue and out of control prosecutor to make up lies and stories about'President Trump.' Nice to know that some people still have 'guts.'” How will those words play out?
ALAN DERSHOWITZ (HARVARD LAW PROFESSOR): Well, you know, they're going to allege that that's obstruction of justice, that he's tampering with a witness, telling the witness not to testify, encouraging him not to testify. That's a very, very weak charge -- you don't obstruct justice in public by sending out tweets. But look, Cohen said he would never testify against Trump, he would take a bullet for him. And now look what's happened. So you never know what's going to happen when a person is arrested for a myriad of crimes as you described, the process crimes. Those are serious crimes. But when you look at the scorecard of how many crimes this special prosecutor has uncovered against Americans, that occurred before he was appointed, and that relate to the Russia probe, you really have to say it's been a very disappointing investigation if the best you can do is essentially create crimes by your investigation, which is what has happened here. That doesn't exculpate the people who have really lied or really obstructed justice. But it tells you something important about the investigation itself.
