We’re zooming out on Russia’s influencing machine with the help of Clint Watts, the national security expert who had a star turn in March with his soundbite-ready testimony before the Senate Intelligence Committee. Watts explains why the partisan skew on fake news is “kind of garbage.” Plus, he has tips for testifying—just in case you get a call from Congress. Watts is a senior fellow at the Foreign Policy Research Institute.
In the Spiel, hanging on every phrase President Trump invented this week.
On April 19, 2017, the Supreme Court decided Nelson v. Colorado, along with Madden v. Colorado. In both cases, petitioners had collectively paid several thousand dollars to the state of Colorado in costs, fees, and restitution payments following their respective convictions for several offenses. Petitioners’ convictions were thereafter invalidated for various reasons. Nelson was retried but acquitted; the State elected not to appeal or retry in Madden’s cases. Both petitioners sought a return of the funds the State had required them to pay. Nelson’s trial court denied her motion outright, and Madden’s postconviction court allowed a refund of costs and fees, but not restitution. The Colorado Court of Appeals concluded that both petitioners were entitled to seek refunds of all they had paid, but the Colorado Supreme Court reversed. It reasoned that Colorado’s Compensation for Certain Exonerated Persons statute (Exoneration Act) provided the exclusive authority for refunds and, because neither Nelson nor Madden had filed a claim under that Act, the courts lacked authority to order refunds. The court also held that there was no due process problem with the Act, which permits Colorado to retain conviction-related assessments unless and until the prevailing defendant institutes a discrete civil proceeding and proves her innocence by clear and convincing evidence. -- By a vote of 7-1, the Supreme Court reversed the judgment of the Supreme Court of Colorado and remanded the case. Justice Ginsburg delivered the opinion of the Court, which held that Colorado’s Exoneration Act scheme deprived petitioners of the due process guaranteed under the Fourteenth Amendment: “[Petitioners’] interest in regaining their funds is high, the risk of erroneous deprivation of those funds under the Exoneration Act is unacceptable, and the State has shown no countervailing interests in retaining the amounts in question. To comport with due process, a State may not impose anything more than minimal procedures on the refund of exactions dependent upon a conviction subsequently invalidated.” Justice Ginsburg’s majority opinion was joined by the Chief Justice and Justices Kennedy, Breyer, Sotomayor, and Kagan. Justice Alito filed an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion. Justice Gorsuch took no part in the consideration or decision of this case. -- To discuss the case, we have Ethan Blevins, who is Staff Attorney at the Pacific Legal Foundation.
Trump fires FBI Director Jim Comey in the middle of an investigation involving the Trump campaign’s potential collusion with Russia, and gets plenty of support from Republicans in Congress. Then, former White House Counsel Kathy Ruemmler joins Jon and Dan to talk about the legal implications of the Comey firing.
In 1881, the first Texas Capitol building burned to the ground, and leaders set about building a new one. They wanted to use local materials, including limestone from a quarry in Oatmanville – the area now known as Oak Hill – so they built a 6-mile railroad line from Oatmanville to the Capitol site. Then they needed workers.
Mike Hadreas has been making music under the name Perfume Genius since 2008. In May 2017, he put out his fourth album, No Shape to widespread critical acclaim. In this episode, Mike breaks down the song Slip Away. I also spoke with producer Blake Mills, who also plays on the track, and recording engineer Shawn Everett about the unusual way the song was recorded.
The reasons offered by the White House for removing James Comey from his perch at the FBI are remarkably weak. So says Julian Sanchez, a senior fellow at the Cato Institute.
Former FBI Director James Comey has been called “rapturous of his own righteousness,” but by most accounts the man who assisted in Comey’s ouster could be described the same way. Rod Rosenstein, No. 2 at the Department of Justice, wrote the memo justifying Comey’s firing, but he’s had a sterling reputation until now as a fastidiously apolitical prosecutor. Leon Neyfakh, justice reporter for Slate, explains the lingering questions surrounding Comey’s dismissal and Rosenstein’s role in what happens next.
In the Spiel, остановить! This has nothing to do with Russia.
