LRC Presents: All the President's Lawyers-logo

LRC Presents: All the President's Lawyers


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.

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.


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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.




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...


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...


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...


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...


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...


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...


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...


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...


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...


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...


The Senate trial begins

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...


Thumb-headed henchman

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...


The standoff continues

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...


Impeachment Day

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...


Two articles of impeachment

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,...


Judiciary, take the wheel

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...


The king of frivolous lawsuits

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.


Bonus: All The President’s Lawyers at USC

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.


Who should be afraid right now?

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...


Impeachment, now in public

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...