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LRC Presents: All the Presidents Lawyers

KCRW

A civilized yet provocative discussion of the politics of law, libel, litigation and the White House.

A civilized yet provocative discussion of the politics of law, libel, litigation and the White House.
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United States

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KCRW

Description:

A civilized yet provocative discussion of the politics of law, libel, litigation and the White House.

Language:

English


Episodes

All kinds of privilege

9/18/2019
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The White House claims top advisers have absolute immunity from testifying to Congress about their interactions with the president. Is there any legal basis for that? And does either side of the argument want a court to weigh in on this? Not really. Ken White tells us why. Former Trump campaign chair Corey Lewandowski, who testified (or rather, tried very hard to not give any answers to any questions about possible incidents of obstruction of justice) in a House Judiciary Committee hearing,...

Duration:00:34:35

It’s an impeachment *investigation*

9/11/2019
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Congress is back, so we’re got some investigation action in the committees. The House Judiciary Committee will vote this week on a resolution setting rules for an impeachment investigation into President Trump. What significance will this vote have? And if there is an impeachment inquiry, will it help Democrats get documents they are seeking? Committees are also looking into whether the Trump administration improperly pressured the Ukrainian government to investigate Joe Biden and his son....

Duration:00:33:42

A conversation with Asha Rangappa

9/4/2019
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Former FBI agent Asha Rangappa joins Ken White for a special All The President’s Lawyers. Ken and Asha talk about what the media gets wrong (and right) about how the FBI and federal investigations work, and the wall between counterintelligence and criminal investigations done by the FBI. Plus, Ken asks Asha about the counterintelligence side of the Mueller investigation, and what her advice would be if a federal agent comes knocking.

Duration:00:31:10

The most commonly committed federal crime

8/27/2019
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The New York Times reports federal prosecutors are nearing a decision about whether to prosecute Andrew McCabe, the former deputy director of the FBI. McCabe was fired last year (on the day he was set to retire) based on an inspector general report that found he repeatedly lacked candor in interviews with investigators looking into a leak to the Wall Street Journal. According to the IG, the leak essentially confirmed the existence of an FBI investigation into the Clinton Foundation just...

Duration:00:38:10

When federal judges hit ‘reply all’

8/21/2019
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Fallout continues this week from Jeffrey Epstein’s death, which has now been officially ruled a suicide. Where’s his longtime confidante, Ghislaine Maxwell, who’s widely suspected of participating in a conspiracy to sex traffic girls for him? She’s been missing or at least she hasn’t been in public. Those photos of her at an In-N-Out Burger in the Valley? They appear to be fake. Josh and Ken talk about those dupes and if they were likely to have misled the Feds. Should we assume the...

Duration:00:30:00

What happens next in the Epstein investigation

8/14/2019
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Jeffrey Epstein was found dead in his cell at the Manhattan Correctional Center on Saturday, as he awaited trial. What happens next in the investigation? Attorney General Bill Barr said the Department of Justice would still come after his co-conspirators. What happens to his estate and his assets? Plus: your questions about emoluments and if anyone has standing to sue President Trump for an emoluments clause violation, the latest in former White House Counsel Greg Craig’s trial, Peter...

Duration:00:38:54

Impeachment ifs

8/7/2019
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The House still isn’t moving to impeach the president, but House Judiciary Committee Chairman Jerry Nadler said *if* his committee *were* to proceed in that direction, articles of impeachment could pass his committee in the late fall. Nadler cited key court decisions about the committee’s efforts to obtain evidence and witnesses coming in October or November. But: is there a need for more fact-finding? Ken and Josh take some questions from listeners on impeachment and the new California...

Duration:00:30:14

Nope, it’s still not RICO.

7/31/2019
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This week, a federal judge dismissed a lawsuit brought by the Democratic National Committee, which had alleged that the Russian Federation engaged in a RICO conspiracy with Donald Trump, the Trump campaign, Paul Manafort, Julian Assange, Roger Stone and others. RICO, of course, is the Racketeer Influenced and Corrupt Organizations Act (as you ATPL listeners already know). It’s a law designed to allow prosecutions and lawsuits aimed at the mafia and others who operate criminal...

Duration:00:35:20

It’s Finally Mueller Time

7/24/2019
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At long last, members of the House Judiciary and Intelligence Committees got to question special counsel Robert Mueller about his investigation of President Trump and Russian interference in the 2016 election. Special guest former prosecutor Renato Mariott spoke with host Josh Barro about whether the little that Mueller said was noteworthy. Mariotti says Mueller was trying to be very careful with his words because he did not want to say something that could become a soundbite. One thing...

Duration:00:29:39

Should Jeffrey Epstein be released on bail?

7/17/2019
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There have been arguments this week about whether Jeffrey Epstein should be released on bail — is he a danger to the community? Would he commit other crimes if he’s released? Is he a flight risk? Could he be trusted to fund his own house arrest in his New York mansion? Should it matter to the judge that so many other defendants struggle to post even a couple hundred dollars in bail? Then: CNN is reporting that Trump Organization executives are unlikely to be charged in the case where...

Duration:00:33:13

Non-prosecution...disagreement?

7/10/2019
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Reclusive billionaire (or multi-multi-millionaire) money manager Jeffrey Epstein, a one-time associate of both Donald Trump and Bill Clinton, has been indicted by SDNY prosecutors for sex trafficking. The broad allegations — that Epstein had an apparatus to bring girls to his homes in New York and Florida for paid sex — are not new. A decade ago, facing federal charges, Epstein assembled an all-star legal team (Ken Starr and Alan Dershowitz among them) that obtained for him a...

Duration:00:37:04

All the Presidents Lawyers: You asked, we answered

7/3/2019
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This week on All The President’s Lawyers, Ken and Josh take questions from listeners. Several of your questions were about impeachment. It’s a complicated topic and one without a lot of legal precedent and case law. You also asked what would happen if Trump was defeated in 2020, yet refused to give up the presidency. Here are a selection of questions and answers (note: these questions and answers have been edited for length and clarity If the Democrats decide to impeach Trump, will he be...

Duration:00:32:00

Mueller says yes

6/26/2019
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Robert Mueller will testify before two House committees in mid-July. The announcement came shortly after the committees subpoenaed Mueller to testify. The question is how much we’ll learn from Robert Mueller’s testimony in front of the House Judiciary Committee and the House Intelligence Committee, and about what. Mueller is, as you all know, very tight-lipped and Ken White says it’s unlikely that will change between now and his testimony date. Then: does President Trump have any legal...

Duration:00:31:54

How not to lawyer (with Alex Jones’s lawyer)

6/19/2019
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A decision from the Supreme Court this week might affect some potential pardons that President Trump may or may not be considering. In Gamble v. United States, the Supreme Court upheld (7-2, with Justices Gorsuch and Ginsburg dissenting) the dual sovereignty doctrine that says states and the federal government can separately charge and try the same crime if an act is illegal under both federal and state law. Paul Manafort’s probably paying attention to this. Ken says the decision wasn’t a...

Duration:00:31:10

This could take a while

6/12/2019
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President Trump and congressional Democrats want to expedite the president’s appeal of a ruling that would allow Congress to subpoena his financial records from banks, and a federal judge agreed. This is one of two lawsuits where the president has sued a third-party company to stop them from complying with congressional subpoenas and has lost initial rulings in both. How quickly might this be decided, even if it’s expedited? To be clear: the president and Democrats want this to be expedited...

Duration:00:32:37

Can you just ‘nope’ a subpoena?

6/5/2019
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The White House has instructed former staffers Hope Hicks and Annie Donaldson not to comply with congressional subpoenas. In this case, Congress seeks documents related to their White House services. It appears the White House is appearing to assert executive privilege without actually doing it, and it’s not clear they have the power to give an overall ‘nope’ to producing documents, but they’re trying it. Your move, Congress. Judge Emmett Sullivan has been trying to get a better picture of...

Duration:00:31:05

Mueller speaks

5/29/2019
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Special Counsel Robert Mueller re-emphasized what was said in the report: because a president cannot be indicted while in office under current Justice Department guidelines, and because there’s no other similar mechanism for the executive branch, it would not be fair to make the accusation; therefore: he didn’t. Mueller described such an indictment as unconstitutional. Mueller also said any congressional testimony he gives (or anyone else from the special counsel’s office) would not stray...

Duration:00:30:28

Delays work, until they don’t

5/22/2019
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President Trump’s legal strategy for the congressional investigations into him has been to delay, delay, delay. Well, as Ken mentioned a few weeks ago, that’s not as effective as you might think. Sure enough, a federal judge ruled against the president’s argument that his accounting firm should be blocked from complying with a subpoena for the president’s financial records. The judge sided with the argument that Congress is allowed to take measures to investigate and gather facts so that...

Duration:00:31:38

All the president’s lawyers’ lawyers

5/15/2019
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This week we had the first court hearing to test President Trump’s new-ish legal strategy of maximum resistance to investigations of him. It didn’t seem to go very well. Federal Judge Amit Mehta did not appear impressed with the president’s contention that a Congressional committee could not subpoena his financial records from an accounting firm. “Say a president was involved in some corrupt enterprise — you mean to tell me because he is the president of the United States, Congress would not...

Duration:00:37:04

Fight all the subpoenas, assert all the privilege

5/8/2019
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What should we make of the president’s new strategy toward congressional investigations, which is essentially to fight everything, file lawsuits to stop subpoenas, and direct all employees and associates to disobey too? Should former White House Counsel Don McGahn comply with a subpoena for documents he made in preparation to speak with the special counsel? Are they his to produce? Then, as Josh and Ken recorded this episode, the White House announced it was asserting executive privilege...

Duration:00:32:12