Carlson: CNN is continuing to stand by a story that one of the people who sourced it says might be false. In July CNN broke news that Donald Trump was aware of that famous meeting with the Russian lawyer inside Trump Tower before the meeting happened. This would be potentially significant. Lanny Davis, the lawyer representing Michael Cohen says he was the source for that story and then he admitted he doesn't know if it's true and he can't back it up. CNN says it has other sources for the story though it hasn't revealed who they might be. Last night on this show journalist Glenn Greenwald explained CNN's reticence to backtrack on an obviously false story.
Greenwald: I find it to be---and obviously this is a high bar---one of the most humiliating and scandalous moments in the entire media behavior of the Trump/Russia saga.
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They don't want to admit that they lied to the world so they can't retract the story and they can't admit they lied so they're just continuing to stick to what everybody knows is a lie but not many people care because people think---a lot of people anyway---that it was done for the right political agenda.
Carlson: Alan Dershowitz is an Emeritus Professor of Law at Harvard Law School. He's the author of The Case Against Impeaching Trump and he joins us tonight. Professor, thank you for coming on. So watching this CNN saga I keep...and by the way, lots of news organizations gets stories wrong, I've gotten stories wrong...my complaint is that they're not telling us what happened. But more than that, would it be significant if the story were true? In other words, if the president knew this meeting with this Russian lawyer was about to take place, should any of us care? Does that matter? Is that illegal? Is it unethical?
Dershowitz: It's certainly not illegal. The president was certainly entitled to know about a meeting between his son and somebody who wanted to give him dirt on a candidate or who wanted to talk to him about maybe changing rules involving sanctions. Those are perfectly proper meetings. CNN is in a box. I want to put the best possible light on it. Let's assume it has one or two other sources in addition to Lanny Davis---who did the right thing, by coming forward and acknowledging that he doesn't have any support for his story---but they can't reveal their sources and I have two suggestions for them on that. Number one that they tell us the nature of the sources without telling us the names. Are they eyewitnesses? Is it a hearsay source? Or second, that they give the source to their expert on journalism and let their expert decide whether or not they should stick with the story. Or some outside expert, like somebody from the Columbia School of Journalism who could learn the name of the sources and then go talk to the sources, still keep their names confidential, and then come forward and say, "there is a basis, we're standing behind CNN." They have to do something to preserve their credibility.
Carlson: Well sure. All news organizations call for transparency. That's our job. So they should provide it when asked, and they're not. You wrote a piece recently that reminded me that you're not---I know you have been typecast as a Trump defender but you're not, you're a liberal and I think you've got a lot of problems with Trump---but in the piece you made a really interesting point. You said that our system of checks and balances is out of whack because of the special counsel and his investigation. Tell us what you meant.
Dershowitz: That's absolutely right. Look, everyone's checking everybody else under the Madisonian system of checks and balances that has served us so well. The courts are striking down executive orders, sometimes upholding them, the president is checking Congress, the Congress---particularly if the Democrats get control---will check the presidency. But who is guarding the guardians? Who is overseeing the special counsel or other overzealous prosecutors? The courts aren't doing it. There's no process that exists today. I suggested the appointment of a permanent group to oversee prosecutorial overreaching. It could include great former prosecutors like Robert Morgenthau, the legendary D.A. of New York. It could include ethics experts like Stephen Gillers, the professor at Columbia, constitutional experts like Floyd Abrams. They would have the opportunity to at least file reports about prosecutorial overreach because today, the special counsel is the only institution of government outside our system of checks and balances.