(partial transcript)
FOX Host: Ahead of this big week, the president came out swinging against Jeff Sessions. He said this:
The president is basically referring to charges of two congressmen right before the mid-term election. Alan, your reaction?
Dershowitz: I don't think the president should be commenting on people who have been charged. We have to know what the facts are. One of them were charged by the Obama administration. The other one, the insider trading, was charged by the Trump administration. I don't think the Justice Department should be partisan and should have a different standard for indicting Democrats and Republicans. There are rules about the mid-term election, but these indictments came within those rules. It's usually a two-month rule. So I think it's a misplaced criticism by the president and could be dangerous if Democrats and Republicans alike started to politicize who was prosecuted and when they were prosecuted and what impact it could have on elections. That's a dangerous trend.
FOX Host: You're right. This is an important point that you're making. But Alan, this is a bigger issue between the president and his attorney general. You know that.
Dershowitz: I agree.
Host: Jeff Sessions has been in place since the president began his term and he recused himself from Russia, and as a result has been unwilling or unable to get involved in any of these headlines. We know what when on in the 2016 election at the top of the FBI and the DOJ. We know that there was really no investigation of Hillary Clinton and Jeff Sessions doesn't do anything about it.
Dershowitz: I think Jeff Sessions disappointed the president by not telling him in advance that he might have to recuse himself from the Russia investigation. He never would have gotten the job if he had told the president that. I think the second point is, when he recused himself, he should have offered his letter of resignation. He did offer a letter of resignation later, but it was at a time when it would be politically difficult. Right now I think it's very, very difficult for the president to be seen as firing Jeff Sessions in order to influence the Russia investigation. Obviously, it would depend on who he replaced him with. Remember that when we had the Watergate scandal, Edward Leavey, the President of the University of Chicago and the former dean of the law school was picked to be attorney general. If the president would pick somebody like that, there would be no criticism. But if he were to pick a "loyalist" who would try to influence the investigation, that would be perceived as somehow putting his thumb on the scale of justice and it would not work well for him. I think he understands that.