Hannity: You have talked about criminalizing political differences. This is worse than I've ever seen it.
Dershowitz: Well, it's not worse than I've ever seen it. I lived through the McCarthy period when Congress used its oversight function to go after people, some innocent and some guilty. Look, Congress has a legitimate oversight function to perform but it has to make sure it doesn't go too far. It can't use that oversight function---which is really designed to help get legislation---in order to really prevent a president from finishing out his terms and acting. They are interfering with the executive branch if they do so. A balance has to be struck between a legitimate function of Congress to investigate....The framers didn't intend for Congress to become yet another prosecutorial branch, yet another investigative branch. They are supposed to pass laws and so it seems to me these investigations look like they are going too far.
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Hannity: ....I don't think think this a good thing politically for Democrats.
Dershowitz: No, I don't either, and in fact there is some legal recourse. If you go back to the cases in the 1950s, the courts sometimes did say, look, Congress, you've gone too far. This is not within your legitimate function. If I were one of the people who got a letter or a subpoena, I would at least think of the possibility of bringing a lawsuit and suggesting that Congress is abusing its oversight function.