Dershowitz: 'Too many politicians are being subject to criminal prosecution'

Lawyer Alan DershowitzAlan Morton DershowitzThe Hill's 12:30 Report: War over the Supreme Court Dershowitz suing CNN for 0 million in defamation suit Bannon and Maxwell cases display DOJ press strategy chutzpah MORE told John Catsimatidis in a new interview that the potential criminal charges faced by former FBI Director Andrew McCabeAndrew George McCabeJudge will not dismiss McCabe's case against DOJ Graham: Comey to testify about FBI's Russia probe, Mueller declined invitation Barr criticizes DOJ in speech declaring all agency power 'is invested in the attorney general' MORE are a result of the "criminalization" of political differences in America.

In an interview with New York radio station AM 970's "The Answer," The Hill contributor lashed out at news reports this week indicating that he could face charges from the U.S. attorney's office for Washington D.C. for allegedly lying to investigators.

ADVERTISEMENT

Asked whether McCabe would face charges, Dershowitz responded: "I hope not. I don’t like the criminalization of political differences. What McCabe did is very questionable. But did he cross the line into criminality? I just haven’t seen the case made for that."

"I would like to see us pull back on using the criminal law against political figures who one disagrees with. I didn’t like it when they went after Hillary ClintonHillary Diane Rodham ClintonAppeals court pauses 6-day extension for counting Wisconsin absentee ballots Trump, Pentagon collide over anti-diversity training push Sunday Shows: Trump's court pick dominates MORE. I didn’t like it when they went after President TrumpDonald John TrumpNew Biden campaign ad jabs at Trump's reported 0 income tax payments Ocasio-Cortez: Trump contributed less in taxes 'than waitresses and undocumented immigrants' Third judge orders Postal Service to halt delivery cuts MORE," Dershowitz added.

"I didn’t like it when they went after the people in the FBI. I think we overuse the criminal law. And we have weaponized it as part of our political system. And that poses serious questions for the rule of law and democracy," he said.

Dershowitz's remarks follow a report this week based on a source close to McCabe's legal team that indicated the former FBI chief will soon face charges related to lying to investigators about his contacts with members of the news media. A Justice Department internal review previously found that McCabe "lacked candor" with investigators.

McCabe, who was fired from the FBI last year, has argued that his ouster was a "politically motivated" move by the Trump administration.