The statement by special counsel Robert Mueller in a Wednesday press conference that "if we had confidence that the president clearly did not commit a crime we would have said that" is worse than the statement made by then FBI Director James Comey regarding Hillary Clinton during the 2016 presidential campaign...
Comey was universally criticized for going beyond his responsibility to state whether there was sufficient evidence to indict Clinton. Mueller, however, did even more. He went beyond the conclusion of his report and gave a political gift to Democrats in Congress who are seeking to institute impeachment proceedings against President Trump. By implying that President Trump might have committed obstruction of justice, Mueller effectively invited Democrats to institute impeachment proceedings. Obstruction of justice is a "high crime and misdemeanor" which, under the Constitution, authorizes impeachment and removal of the president.
Until today, I have defended Mueller against the accusations that he is a partisan. I did not believe that he personally favored either the Democrats or the Republicans, or had a point of view on whether President Trump should be impeached. But I have now changed my mind. By putting his thumb, indeed his elbow, on the scale of justice in favor of impeachment based on obstruction of justice, Mueller has revealed his partisan bias.
In some ways, Dershowitz isn’t saying anything that different from what Judge Napolitano said earlier today. Napolitano also thought that Mueller’s statement was a message to Democrats in Congress that he would have indicted Trump if he could have. And as Ed noted, that’s exactly how several Democrats interpreted it. All Dershowitz is adding is that Mueller’s effort to give Democrats a push looks pretty partisan.