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LRC Presents: All the President's Lawyers

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LRC Presents: All the President's Lawyers

LRC Presents: All the President's Lawyers

KCRW

120
Followers
921
Plays
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There are so many lawyers, so many lawsuits and so much legal news surrounding President Trump that we decided to call our own lawyer to catch you up. 

Latest Episodes

If President Trump gives bad advice, can you sue him?

President Trump has been making implicit threats to governors with relief funds amid the coronavirus crisis. Are there any legal restrictions on his ability to play favorites? Could any state or anyone sue because the president sent personal protective equipment to states whose governors said nicer things about him? Ken says the president has a lot of immunity in this area, even when he’s talking about unscientific treatments for Covid-19. Is Fox News also immune? What’s the difference here? President Trump’s campaign has sent some angry cease-and-desist letters to TV stations that have aired a super PAC ad that criticizes his handling of the pandemic. And, parts of a lawsuit against the president for his revocation of press passes is allowed to move forward in part. Plus: an update on federal courts, now a few weeks into this crisis; Bill Barr is directing the Bureau of Prisons to release some federal inmates, and his testimony before the House Judiciary Committee has been postponed. Could that not be a Zoom meeting?

31 MIN1 d ago
Comments
If President Trump gives bad advice, can you sue him?

No time for a deposition, I’ve got a pandemic to deal with

A few days ago, a story in POLITICO reported that the Department of Justice made a request for new emergency powers related to the pandemic. A lot of people responded with alarm that the government was indicating a suspension of habeas corpus, or essentially saying it will detain people without trials indefinitely during crises, but could there be another explanation for this? Are they simply trying to lay out the rules that apply to judges in a chaotic situation? Civil litigation is slowing down amid this crisis. How is it affecting the other cases we’ve been following? Ken and Josh go through the McGahn casee and House Democrats’ lawsuit for President Trump’s tax records, whether the president could be deposed in a fraud lawsuit and whether he can block critics on Twitter. Plus: updates on Michael Avenatti and Michael Cohen and the prison system amid a global pandemic.

29 MIN1 w ago
Comments
No time for a deposition, I’ve got a pandemic to deal with

Coronavirus and the courts

From the state courts all the way up to the highest court in the land, things are changing in response to the coronavirus pandemic. The Supreme Court will delay oral arguments in Trump v. Mazars, the case where the court will consider whether congressional committees have the authority to subpoena the president’s accounting firm for his financial information. Is it possible there won’t be a decision before the November election? Ken talks about his experience as courts have begun to delay and limit business and the effects on ongoing cases. How much can be done remotely? Is Clarence Thomas right about oral arguments being sort of unnecessary for the Supreme Court? And what of the staff and inmates in American prisons and jails? How much authority do state governments and the federal government have to tell you what to do in this crisis? Ken and Josh take a listener question about the Stafford Act. Plus: President Trump tweets he may pardon Michael Flynn, who still hasn’t been sen...

35 MIN2 w ago
Comments
Coronavirus and the courts

Hunter Biden, Don McGahn, Michael Flynn but first: coronavirus

Senate Republicans are trying to kick up dirt around Hunter Biden. Senator Ron Johnson is looking into Burisma and he wants to subpoena records from Andrii Telizhenkoo, a consultant to Burisma at the firm Blue Star Strategies. Democrats objected to this and called it a fishing expedition meant to hard President Trump’s political opponent. If Hunter Biden is subpoenaed, could he disobey? Could he delay? And if there are no specific allegations of criminal activity, could he assert his Fifth Amendment rights? And would it be a bad idea for Hunter Biden to agree to Donald Trump Jr.’s challenge to a debate? Yikes. When it comes to closing businesses, schools and canceling public events, what’s within the president’s authority? A DC circuit panel recently ruled for Don McGahn, the former White House Counsel, saying the court couldn’t involve itself in a dispute between two other branches of government. House Democrats want an en banc review of that case (to be heard by all of the DC...

31 MIN3 w ago
Comments
Hunter Biden, Don McGahn, Michael Flynn but first: coronavirus

Remember Don McGahn?

Former White House Counsel Don McGahn sat for extensive interviews with Robert Mueller’s investigators, back when it was the White House strategy to be pretty cooperative. Well now, House Democrats would like to talk with him and they subpoenaed him for testimony. The White House told McGahn not to, so he did not. But, in the last week, a federal judge weighed in and said the court would not intervene in this fight between the two branches of government. This is a victory for the executive branch, which has been resisting subpoenas like this for many months. So now we’re back to the chicken-egg / impeachment-courts fight: Congress shouldn’t impeach without seeking a remedy in the courts, or, if the courts won’t enforce, then the congressional power of impeachment is the remedy. Well, okay. What’s next? Meanwhile: What’s the latest with Roger Stone? Why is the Trump campaign suing the New York Times and the Washington Post? Did a little DC wine bar have a chance when it sued th...

30 MINMAR 5
Comments
Remember Don McGahn?

Stone sentenced

Roger Stone received a 40-month sentence last week from Judge Amy Berman Jackson. Three years and four months is, of course, less than the 7-9 years prosecutors had sought before revising that recommendation (and you know what happened next). Ken and Josh recap the sentencing hearing and what’s next for Stone. He hasn’t gone to prison yet. He’s trying to get a new trial, saying his conviction was tainted because the jury foreperson was biased. Did anyone make a mistake here? Then: more about Jessie Liu, who was President Trump’s duly nominated and confirmed US Attorney for the District of Columbia, until she was fired. Liu was supposed to be promoted to a senior Senate-confirmed job at the Treasury Department, but President Trump withdrew that nomination and fired her -- apparently, according to reporting from Axios -- that she had prosecuted too many of his friends and failed to indict Hillary Clinton and Andrew McCabe. Remember how, in 2006, George W. Bush fired his own US att...

33 MINFEB 27
Comments
Stone sentenced

The wave of pardons

President Trump remembered this week (as he does periodically) how much he enjoys his pardon power. As with previous waves of pardons and commutations, he has shied away from using them in the specific cases where he feels like the victim of a witch hunt. So: no pardon for Paul Manafort or Roger Stone or Michael Flynn, but President Trump found sort of similar cases of wealthy and connected people who, well, did they really deserve what came to them? Josh Barro and Ken White discuss the pardons and the fates of Roger Stone, Michael Flynn, Andrew McCabe, Michael Avenatti and more in this special live episode of All The President’s Lawyers.

53 MINFEB 20
Comments
The wave of pardons

The post-acquittal flex

President Trump raged against prosecutors’ sentencing recommendation for Roger Stone. Then the Department of Justice reduced the recommendation and the four prosecutors who made the original recommendation have withdrawn (one quit the DOJ). Is there a limit on the president’s power now that Attorney General Barr seems to be stepping in to support the president protecting his allies and going after his enemies? There may be theoretical limits, but it seems there aren’t really any practical limits. Federal prosecutors have a lot of power in recommending sentences, but of course, that doesn’t mean the actual sentence will be anywhere close to the recommendation. A lot can happen. The original recommendation for Roger Stone (7-9 years) seemed high and notably reasonable, but it was always unlikely (and still is) that Long Suffering Federal Judge Amy Berman Jackson would give Stone that sentence. Ken says Trump and Barr’s interference in Stone’s sentencing is a gratuitous flex. And...

36 MINFEB 13
Comments
The post-acquittal flex

After impeachment

Impeachment, the centerpiece of President Trump’s legal problems, is wrapping up. But the House will continue to investigate him on various fronts. There is ongoing litigation over efforts to obtain his financial records. The House could also try to subpoena John Bolton, even though the Senate declined to. And what’s the deal with Trump’s Department of Justice making arguments about remedies for disobeying subpoenas that are the exact opposite of his impeachment defense team? What’s next? Plus: Roger Stone’s sentencing approaches and the public (including Randy Credico) weighs in; prosecutors retreat from recommending prison time for Michael Flynn; Igor Fruman and Lev Parnas have a trial date, just weeks before the general election; and E. Jean Carroll seeks the president’s DNA.

35 MINFEB 6
Comments
After impeachment

All about Bolton

The president’s legal defense team made their opening statements and now we’re in the phase where senators can submit questions to the House impeachment managers and the lawyers. But the biggest developments in the trial have arguably occurred outside the Senate chamber. The New York Times reported on the contents of former National Security Adviser John Bolton’s forthcoming book. Among other claims, the book says President Trump told Bolton he wanted military aid to Ukraine withheld until Ukraine probed Joe and Hunter Biden — in other words, the quid pro quo. There will be a vote soon about witnesses in the Senate trial. Is this trial incomplete without John Bolton’s testimony? Also: why doesn’t John Bolton just...talk? Do Republicans really believe that the president should only be accountable to the voting public and the only way to remove a president is to vote them out of office? That seems to be what they are arguing. Alan Dershowitz has made some broad statements about ...

37 MINJAN 30
Comments
All about Bolton

Latest Episodes

If President Trump gives bad advice, can you sue him?

President Trump has been making implicit threats to governors with relief funds amid the coronavirus crisis. Are there any legal restrictions on his ability to play favorites? Could any state or anyone sue because the president sent personal protective equipment to states whose governors said nicer things about him? Ken says the president has a lot of immunity in this area, even when he’s talking about unscientific treatments for Covid-19. Is Fox News also immune? What’s the difference here? President Trump’s campaign has sent some angry cease-and-desist letters to TV stations that have aired a super PAC ad that criticizes his handling of the pandemic. And, parts of a lawsuit against the president for his revocation of press passes is allowed to move forward in part. Plus: an update on federal courts, now a few weeks into this crisis; Bill Barr is directing the Bureau of Prisons to release some federal inmates, and his testimony before the House Judiciary Committee has been postponed. Could that not be a Zoom meeting?

31 MIN1 d ago
Comments
If President Trump gives bad advice, can you sue him?

No time for a deposition, I’ve got a pandemic to deal with

A few days ago, a story in POLITICO reported that the Department of Justice made a request for new emergency powers related to the pandemic. A lot of people responded with alarm that the government was indicating a suspension of habeas corpus, or essentially saying it will detain people without trials indefinitely during crises, but could there be another explanation for this? Are they simply trying to lay out the rules that apply to judges in a chaotic situation? Civil litigation is slowing down amid this crisis. How is it affecting the other cases we’ve been following? Ken and Josh go through the McGahn casee and House Democrats’ lawsuit for President Trump’s tax records, whether the president could be deposed in a fraud lawsuit and whether he can block critics on Twitter. Plus: updates on Michael Avenatti and Michael Cohen and the prison system amid a global pandemic.

29 MIN1 w ago
Comments
No time for a deposition, I’ve got a pandemic to deal with

Coronavirus and the courts

From the state courts all the way up to the highest court in the land, things are changing in response to the coronavirus pandemic. The Supreme Court will delay oral arguments in Trump v. Mazars, the case where the court will consider whether congressional committees have the authority to subpoena the president’s accounting firm for his financial information. Is it possible there won’t be a decision before the November election? Ken talks about his experience as courts have begun to delay and limit business and the effects on ongoing cases. How much can be done remotely? Is Clarence Thomas right about oral arguments being sort of unnecessary for the Supreme Court? And what of the staff and inmates in American prisons and jails? How much authority do state governments and the federal government have to tell you what to do in this crisis? Ken and Josh take a listener question about the Stafford Act. Plus: President Trump tweets he may pardon Michael Flynn, who still hasn’t been sen...

35 MIN2 w ago
Comments
Coronavirus and the courts

Hunter Biden, Don McGahn, Michael Flynn but first: coronavirus

Senate Republicans are trying to kick up dirt around Hunter Biden. Senator Ron Johnson is looking into Burisma and he wants to subpoena records from Andrii Telizhenkoo, a consultant to Burisma at the firm Blue Star Strategies. Democrats objected to this and called it a fishing expedition meant to hard President Trump’s political opponent. If Hunter Biden is subpoenaed, could he disobey? Could he delay? And if there are no specific allegations of criminal activity, could he assert his Fifth Amendment rights? And would it be a bad idea for Hunter Biden to agree to Donald Trump Jr.’s challenge to a debate? Yikes. When it comes to closing businesses, schools and canceling public events, what’s within the president’s authority? A DC circuit panel recently ruled for Don McGahn, the former White House Counsel, saying the court couldn’t involve itself in a dispute between two other branches of government. House Democrats want an en banc review of that case (to be heard by all of the DC...

31 MIN3 w ago
Comments
Hunter Biden, Don McGahn, Michael Flynn but first: coronavirus

Remember Don McGahn?

Former White House Counsel Don McGahn sat for extensive interviews with Robert Mueller’s investigators, back when it was the White House strategy to be pretty cooperative. Well now, House Democrats would like to talk with him and they subpoenaed him for testimony. The White House told McGahn not to, so he did not. But, in the last week, a federal judge weighed in and said the court would not intervene in this fight between the two branches of government. This is a victory for the executive branch, which has been resisting subpoenas like this for many months. So now we’re back to the chicken-egg / impeachment-courts fight: Congress shouldn’t impeach without seeking a remedy in the courts, or, if the courts won’t enforce, then the congressional power of impeachment is the remedy. Well, okay. What’s next? Meanwhile: What’s the latest with Roger Stone? Why is the Trump campaign suing the New York Times and the Washington Post? Did a little DC wine bar have a chance when it sued th...

30 MINMAR 5
Comments
Remember Don McGahn?

Stone sentenced

Roger Stone received a 40-month sentence last week from Judge Amy Berman Jackson. Three years and four months is, of course, less than the 7-9 years prosecutors had sought before revising that recommendation (and you know what happened next). Ken and Josh recap the sentencing hearing and what’s next for Stone. He hasn’t gone to prison yet. He’s trying to get a new trial, saying his conviction was tainted because the jury foreperson was biased. Did anyone make a mistake here? Then: more about Jessie Liu, who was President Trump’s duly nominated and confirmed US Attorney for the District of Columbia, until she was fired. Liu was supposed to be promoted to a senior Senate-confirmed job at the Treasury Department, but President Trump withdrew that nomination and fired her -- apparently, according to reporting from Axios -- that she had prosecuted too many of his friends and failed to indict Hillary Clinton and Andrew McCabe. Remember how, in 2006, George W. Bush fired his own US att...

33 MINFEB 27
Comments
Stone sentenced

The wave of pardons

President Trump remembered this week (as he does periodically) how much he enjoys his pardon power. As with previous waves of pardons and commutations, he has shied away from using them in the specific cases where he feels like the victim of a witch hunt. So: no pardon for Paul Manafort or Roger Stone or Michael Flynn, but President Trump found sort of similar cases of wealthy and connected people who, well, did they really deserve what came to them? Josh Barro and Ken White discuss the pardons and the fates of Roger Stone, Michael Flynn, Andrew McCabe, Michael Avenatti and more in this special live episode of All The President’s Lawyers.

53 MINFEB 20
Comments
The wave of pardons

The post-acquittal flex

President Trump raged against prosecutors’ sentencing recommendation for Roger Stone. Then the Department of Justice reduced the recommendation and the four prosecutors who made the original recommendation have withdrawn (one quit the DOJ). Is there a limit on the president’s power now that Attorney General Barr seems to be stepping in to support the president protecting his allies and going after his enemies? There may be theoretical limits, but it seems there aren’t really any practical limits. Federal prosecutors have a lot of power in recommending sentences, but of course, that doesn’t mean the actual sentence will be anywhere close to the recommendation. A lot can happen. The original recommendation for Roger Stone (7-9 years) seemed high and notably reasonable, but it was always unlikely (and still is) that Long Suffering Federal Judge Amy Berman Jackson would give Stone that sentence. Ken says Trump and Barr’s interference in Stone’s sentencing is a gratuitous flex. And...

36 MINFEB 13
Comments
The post-acquittal flex

After impeachment

Impeachment, the centerpiece of President Trump’s legal problems, is wrapping up. But the House will continue to investigate him on various fronts. There is ongoing litigation over efforts to obtain his financial records. The House could also try to subpoena John Bolton, even though the Senate declined to. And what’s the deal with Trump’s Department of Justice making arguments about remedies for disobeying subpoenas that are the exact opposite of his impeachment defense team? What’s next? Plus: Roger Stone’s sentencing approaches and the public (including Randy Credico) weighs in; prosecutors retreat from recommending prison time for Michael Flynn; Igor Fruman and Lev Parnas have a trial date, just weeks before the general election; and E. Jean Carroll seeks the president’s DNA.

35 MINFEB 6
Comments
After impeachment

All about Bolton

The president’s legal defense team made their opening statements and now we’re in the phase where senators can submit questions to the House impeachment managers and the lawyers. But the biggest developments in the trial have arguably occurred outside the Senate chamber. The New York Times reported on the contents of former National Security Adviser John Bolton’s forthcoming book. Among other claims, the book says President Trump told Bolton he wanted military aid to Ukraine withheld until Ukraine probed Joe and Hunter Biden — in other words, the quid pro quo. There will be a vote soon about witnesses in the Senate trial. Is this trial incomplete without John Bolton’s testimony? Also: why doesn’t John Bolton just...talk? Do Republicans really believe that the president should only be accountable to the voting public and the only way to remove a president is to vote them out of office? That seems to be what they are arguing. Alan Dershowitz has made some broad statements about ...

37 MINJAN 30
Comments
All about Bolton
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