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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.

Location:

United States

Networks:

KCRW

Description:

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

Language:

English


Episodes

The wave of pardons

2/19/2020
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...

Duration:00:54:13

The post-acquittal flex

2/12/2020
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the Department of Justice reduced the recommendation and the four prosecutors who made the original recommendation have withdrawn (one quit the DOJ).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...

Duration:00:37:23

After impeachment

2/5/2020
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...

Duration:00:36:23

All about Bolton

1/29/2020
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...

Duration:00:37:24

The Senate trial begins

1/23/2020
It looks like the House managers and the president’s legal team are going for different audiences in their opening statements, and neither seems to be speaking to the audience of senators in front of them. Ken and Josh discuss the tone and strategy so far, and whether it seems like this impeachment trial will be conducted very differently from the Clinton impeachment. Both sides are taking partisan shots and were admonished by Chief Justice Roberts late in the first night, but White House...

Duration:00:36:37

Thumb-headed henchman

1/15/2020
Lev Parnas, Rudy Giuliani’s thumb-headed henchman, who is under indictment for campaign finance violations, has been really trying to cooperate with Congress in their investigations of President Trump. A judge allowed him to share seized documents with Congress and well, they turned out to be pretty interesting. Ken and Josh talk through the dump of documents and what this new character Robert Hyde was/is up to. Then: it looks like the impeachment trial could start next week. Nancy Pelosi...

Duration:00:34:20

The standoff continues

1/8/2020
Nancy Pelosi and Mitch McConnell are still in a standoff over the rules for the Senate impeachment proceedings. Pelosi still hasn’t sent the articles of impeachment to the Senate, and it looks like McConnell is ready to start the impeachment trial with no witnesses. So, is Pelosi’s strategy to hold onto the articles pay off? We’re still waiting. Josh and Ken discuss the influence Chief Justice John Roberts might have as he presides over the trial, with Republicans having enough votes to...

Duration:00:28:53

Impeachment Day

12/18/2019
With the impeachment vote, All The President’s Lawyers is wrapping up for 2019. Ken and Josh will be back on Jan. 8, 2020. As the House of Representatives debates the impeachment of President Donald Trump, Josh and Ken ducked into a nearby studio to discuss all the other news from this week. The president’s 6-page tweet/letter to House Speaker Nancy Pelosi about why impeachment is wrong and bad. Mitch McConnell is signaling how he might run an impeachment trial in January. Do Democrats have...

Duration:00:33:14

Two articles of impeachment

12/11/2019
House Democrats announced two articles of impeachment for President Trump this week: abuse of power and obstruction of Congress. What’s in the articles? Should Democrats have added more charges? And what happens next? Given the outlook in the Senate, Ken says this “lean and mean” approach is the right one. Ken and Josh also discuss the Inspector General report on the origins of the FBI’s investigation into the 2016 Trump campaign, upcoming sentences for Rich Gates and Michael Flynn,...

Duration:00:40:17

Judiciary, take the wheel

12/4/2019
Adam Schiff and the Democrats on the House Intelligence Committee lay out their case for the impeachment of President Trump. How strong is the case? And should they have taken more time to gather more information? Republicans also submitted a report, which Ken says is more like creative writing than a report. As Ken and Josh taped this episode, the House Judiciary Committee began its first hearing. When can we expect articles of impeachment and what will be in them? Also, what the hell has...

Duration:00:41:17

The king of frivolous lawsuits

11/27/2019
President Trump is a litigious person, but when it comes to winning defamation and libel lawsuits, his record is pretty terrible. He’s 0-8 in fact.Ken White andJosh Barro talk about the president’s First Amendment record withSusan Seager of USC’s Gould School of Law, and take questions from a live audience of lawyers, law students and alumni.

Duration:00:50:44

Bonus: All The President’s Lawyers at USC

11/21/2019
Josh and Ken discuss the impeachment testimony of Gordon Sondland, Laura Cooper and David Hale and other timely topics in this special episode of All The President’s Lawyers, recorded in front of an audience at USC Gould School of Law. More of their conversation with Gould law professor and First Amendment lawyer Susan Seager will be released next week.

Duration:00:20:32

Who should be afraid right now?

11/20/2019
Seven witnesses have appeared for public testimony in the impeachment inquiry, and more are testifying today. There are all witnesses who have previously testified in closer session. What have we learned that’s new and important? (EU Ambassador Gordon Sondland was beginning his testimony as Josh and Ken recorded this episode — check back Thursday for a bonus episode.) At this point, should any of these people be worried about criminal liability, either now or in the event that a new...

Duration:00:37:52

Impeachment, now in public

11/13/2019
The impeachment of President Trump is out in public and on TV now. What does the schedule look like? How long will this take? And will testimony always take place while Ken and Josh are recording this podcast? John Bolton has joined his former colleague John Kupperman in asking a court for clearance before they testify to Congress. Bolton has also been sending some signals that he has some interesting things to say, but he’s not going to just show up, and Congress doesn’t seem that...

Duration:00:36:47

Dishonesty or bad preparation?

11/6/2019
EU Ambassador Gordon Sondland has provided an update to his testimony. He now says his recollection has been refreshed, and he remembers now that he communicated to Ukrainian officials that release of military aid was conditioned on President Zelensky announcing an investigation into Burisma, the company whose board Hunter Biden sat on. Is it possible that Sondland’s recollection on the quid pro quo is a good legal strategy? And will the rest of his testimony stand as others (including...

Duration:00:41:18

Fruit of the poisonous tree

10/30/2019
For weeks, Republicans have been claiming that the impeachment inquiry isn’t a real impeachment inquiry because the House of Representatives never held a formal vote at the outset. But now, House Democrats are saying they will have that vote this week. Many Republicans still aren’t satisfied. House Minority Leader Kevin McCarthy said the investigation was started improperly and therefore cannot be fixed: “it’d be the fruit from the poisonous tree.” Did he get that legal doctrine...

Duration:00:41:53

Quid pro quo

10/23/2019
In his testimony to Congress, William Taylor, the acting ambassador to Ukraine, described a quid pro quo: US military aid would be released to Ukraine if the Ukrainian president made a public statement pledging an investigation into Burisma. Ambassador Taylor heard that from someone on the National Security Council, and then he spoke with EU Ambassador Gordon Sondland, who clarified that “everything” depended on Ukraine complying with President Trump’s wishes about Joe Biden. This seems...

Duration:00:37:17

Does Rudy Need a Lawyer?

10/16/2019
Rudy Giuliani has lots to worry about this week. He has refused to comply with a subpoena in the impeachment inquiry and says that he doesn’t need a lawyer. But Ken begs to differ. Giuliani did have a lawyer write up a letter defying the subpoena, which Josh and Ken agree was the written equivalent of giving the middle finger. Adding to Giuliani’s full plate, federal prosecutors are looking into whether he may have broken foreign lobbying laws. And Ken says investigators are almost...

Duration:00:39:11

Recognize the legitimacy of this podcast

10/9/2019
White House counsel Pat Cipollone sent a letter to Congress laying out why they won’t be participating in the impeachment inquiry. Ken says it’s eight pages of bloviation and very short on rule of law. And what’s really new here? Shouldn’t we have expected this reaction from President Trump and the White House legal team? Ken says this shows a level of defiance from the White House that hasn’t been there before, but what happens if a court eventually makes a call on the relative powers of...

Duration:00:42:15

Hearsay

10/2/2019
A lot of Republicans are defending President Trump’s call with the Ukrainian president because the contents of the whistleblower’s complaint are hearsay. But that’s a weird defense -- we already have independent confirmation of a lot of the events described in the complaint. Ken and Josh discuss hearsay, and whether anything the president said or did in those calls broke the law. Abuse of power? Bribery? Thing of value? Witness tampering? Obstruction of justice? Ken says some might make a...

Duration:00:37:24