Megyn Kelly wants to know what happens if Hillary is indicted. Alan Dershowitz turns that on its head.
Megyn Kelly had noted legal scholar Alan Dershowitz on Monday's Kelly File to talk about — what else? — FBI Director James Comey's cryptic letter to Congress on Friday about Hillary Clinton and emails. Kelly asked if Comey did the right thing. "I think he did the right thing by making a statement, I think his statement was wrong," Dershowitz said. "What he should have said is this: 'I don't know what's in these emails, I haven't seen them, the 4th Amendment precludes any of us from looking at them. I'm going to look at them now, but don't infer anything, don't change your vote based on my announcement — it is a technical announcement designed to inform Congress.'" He added that Comey is "a man of great integrity," but he just set a dangerous precedent that could be exploited by "a J. Edgar Hoover in the future."
Kelly turned to a popular Clinton parlor game at Fox News since Friday. "Let's just say she gets indicted, which is a far step away from where we are right now," Kelly said. "It's not going to happen," Dershowitz interjected. "But people are wondering how it would affect the election," Kelly pressed on. "Let's say she wins on Tuesday, and then she gets indicted, can she still be president?" "Yes, but let's turn it around," Dershowitz said. "Let's assume she loses on Tuesday and then on Dec. 1 Comey announces, 'There's nothing in any of these emails, they're simply duplicates.' He becomes the villain of the piece. He should not be having an impact either way."
The Clintons are handling this wrong, too, since criticizing Comey puts "unconscious pressure on him to find something, because if in fact he finds nothing, he'll look terrible," Dershowitz said. "You never benefit from criticizing the director of the FBI." Kelly returned to the indictment speculation, suggesting if Clinton were indicted and convicted before inauguration, Tim Kaine would be president, but if she were convicted afterward, could she pardon herself? "She can't pardon herself, she's not going to be indicted," Dershowitz said. "It's more likely that Trump will be indicted for his Trump University, for his relationships with Russia, for all of that." "He's not going to be indicted for any of that," Kelly said, laughing. "Of course not, that's my point," Dershowitz said. "Neither of them are getting indicted." Watch below. Peter Weber
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Are 'judge shopping' rules a blow to Republicans?
Today's Big Question How the abortion pill case got to the Supreme Court
By Joel Mathis, The Week US Published
-
Climate change is driving Indian women to choose sterilization
under the radar Faced with losing their jobs, they are making a life-altering decision
By Theara Coleman, The Week US Published
-
'A great culture will be lost if the EV brigade gets its way'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
Trump gets $289M break, first criminal trial date
Speed Read The former president's fraud bond has been reduced to $175 million from $464 million
By Peter Weber, The Week US Published
-
US-Israel rift widens after UN cease-fire resolution
Speed Read The U.S. declined to veto a U.N. resolution calling for a two-week "immediate cease-fire" in Gaza
By Peter Weber, The Week US Published
-
New Jersey first lady exits race to replace Menendez
Speed Read Tammy Murphy dropping out paves the way for Rep. Andy Kim to become the state's next senator
By Peter Weber, The Week US Published
-
Russia blames Ukraine for deadly ISIS Moscow attack
Speed Read Putin has ignored the Islamic State's claim of responsibility for the concert hall shooting
By Peter Weber, The Week US Published
-
Trump-RNC pact puts Trump legal bills ahead of GOP
Speed Read The former president has struck a deal with the Republican National Committee to put donations toward his legal bills
By Peter Weber, The Week US Published
-
Vietnam president resigns amid scandal
Speed Read Vietnam loses its second president in two years as Vo Van Thuong steps down
By Peter Weber, The Week US Published
-
Texas migrant law in limbo after Supreme Court OK
Speed Read The law has been blocked again, mere hours after the Supreme Court allowed the state to arrest migrants
By Peter Weber, The Week US Published