Former acting FBI Director Andrew McCabe and deputy Attorney General Rod Rosenstein were wrong with their discussions about how to remove President Donald Trump from office, but they did consider the matter, Harvard Law professor emeritus Alan Dershowitz Monday said.
"This is a serious issue," Dershowitz told Fox News' "America's Newsroom." "McCabe and Rod Rosenstein really believed that the president had obstructed justice. I think they were wrong, but they honestly believed it and they were looking for a way short of impeachment to remove him from office."
He also said he does not agree with radio host Rush Limbaugh's contention Sunday that McCabe and Rosenstein, who are not elected officials, decided Americans' votes for Trump were invalid because they didn't like his "hairstyle."
However, Dershowitz said he thinks there should be hearings about McCabe's claims, and he thinks people should be put under oath and cross-examined about how serious the discussions were about invoking the 25th Amendment to remove Trump from office.
"I think any law enforcement official who thinks that the 25th amendment operates in a case like this is disqualified from serving in government," said Dershowitz. "I don't want to put them in jail. Too many people are saying too many people should go to jail. We ought to get to the truth as to how serious Rosenstein was. Did he think about, and plan on wearing a wire and actually speak to or consider speaking to cabinet members, getting their approval for the invoking of the 25th Amendment? That would be a serious movement toward an unconstitutional coup d'etat."