On Wednesday's edition of 'For The Record' with Greta Van Susteren, Harvard Law professor Alan Dershowitz said that in an ideal situation, FBI Director Comey would have resigned and spared President Trump from having to fire him. Dershowitz warns that because of a perceived conflict of interest relating to the disputed election, President Trump needs to appoint a new FBI director who is "absolutely above reproach" or else he could trigger "a major Constitutional crisis."
"He lost his credibility," Dershowitz said about Comey's actions during the election. "Both with Republicans and Democrats. Both were being very selective in their criticism. 'If you hurt me I criticize you. If you hurt my enemy I praise you.' So there is enough hypocrisy on both sides to go around on this one, but he should have resigned.
Under the present circumstances, Dershowitz warns that "a major Constitutional crisis" could erupt because the president was forced into an impossible situation: "It is a difficult situation. His deputy attorney general --a man of great distinction-- says they don't want to have [Comey] as head of the FBI. But only one person can fire him, the president, and the president has... an apparent conflict of interest."
"So he was in a no-win situation," Dershowitz said about Trump. "Much like the situation Comey found himself in when he had to either remain silent or disclose what he was investigating."
"I think the president made the wrong decision, but he can come out of this with the right decision if he does two things: Appoint somebody absolutely above reproach... and second, support a special investigative commission. Not an independent prosecutor, because I don't think we have any evidence a crime has been committed, but a special commission. Appointed by Congress that could then make the decision whether to recommend a special prosecutor," Dershowtiz suggested.
"It is up to the president. He can make it go one way or the other," he continued. "The ball is clearly in his court. He can either make this into a crisis or make it into a win-win for the American people."