By Steven R. Maher

In a November 1, 2016, interview on Fox News’ Kelly File famous appellate attorney Alan Dershowitz said it was more likely that Donald Trump would be indicted for his ties to the Russians and Trump University than Hillary Clinton would be indicted over the email imbroglio. The exchange was reported by the Week, a Republican leaning website.

The Kelly File is a daily TV show hosted by Megyn Kelly, who came to national notoriety during the first Republican debate by asking Trump whether calling women pigs, slobs and dogs meant Trump lacked the temperament to be a President.

“Not going to happen”

“Let’s just say she gets indicted, which is a far step away from where we are right now,” Kelly said to Dershowitz.

“It’s not going to happen,” said Dershowitz.

“But people are wondering how it would affect the election,” continued Kelly. “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.”

Kelly then asked Dershowitz if FBI Director James Comey did the right thing by announcing his intention to reopen the Clinton email investigation.

“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.”

“That’s my point”

Kelly asked Dershowitz if Clinton could pardon herself if she was elected and then indicted.

“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 replied.

“Of course not, that’s my point,” concluded Dershowitz.

*****