Alan Dershowitz reacted to the latest episode in the Justice Department vs. Congress saga by saying the deputy attorney general "shouldn't be able to bully" lawmakers charged with oversight.
Dershowitz was reacting to Tuesday's story by Fox News that Rod Rosenstein allegedly threatened House Intelligence Committee staffers with subpoenas of his own in retaliation for their vigorous pursuit of documents related to the Russia investigation.
"This is a classic dispute between separation of powers," Dershowitz said during an interview Tuesday on Fox News' "The Story with Martha MacCallum."
"A member of the executive branch, which is what Rod Rosenstein is, shouldn't be able to bully the legislative branch," Dershowitz told MacCallum. "He should be transparent, he should turn over the documents, he should be cooperative, and Congress should be cooperative with the executive branch."
Dershowitz was flummoxed by the infighting given that Republicans rule both branches of government involved in the warring.
"We have so much dispute today, partisan dispute, dispute between the legislative and the executive branch, you know they're all Republicans," Dershowitz said. "They shouldn't be fighting with each other. . . . But here, everybody is Republicans and yet they're fighting with each other like children."
Dershowitz also weighed in on the lawsuit brought Tuesday by former FBI Deputy Director Andrew McCabe against the Justice Department over documents related to his termination in March.
Dershowitz said he was surprised it took McCabe's legal team this long to file.
"Of course he was right to bring the lawsuit," Dershowitz said. "No one's above the law, but no one's beneath the law. In the hyper-partisan age in which we live, people wanna give due process only to people who are on their side.
"I don't care about sides. I only care about due process and the constitution, and he's entitled, as a matter of due process, to see the evidence against him . . . and to be treated fairly," Dershowitz said.
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