Category: 3-LawSometimeCommentary

Today, Liz and Andrew have two stories for us, each touching on executive privilege.

We begin with a quick fun Liz story where what comes around, goes around, particularly in Georgia.

Then, for the first main story, Liz gives us a detailed update in the E. Jean Carroll litigation, where Trump has finally replaced Alina Habba with an actual lawyer. How's that going to go for him? Hint: probably still not great.

After that, Andrew picks up a story involving the January 6th Committee, the New York Times, Politico, Judge Beryl A. Howell, executive privilege, and the world's longest minute order. It's a deep dive and a breaking news story all in one!

Notes It's okay to vote while black in Georgia! https://www.gpb.org/news/2023/02/08/black-volunteers-passing-out-water-at-2020-albany-voting-site-cleared-of-wrongdoing

Facts about Georgia's restrictions https://www.politifact.com/factchecks/2021/mar/29/josh-holmes/facts-about-georgias-ban-food-water-giveaways-vote/

Clinton v. Jones, 520 U.S. 681 (1997) https://scholar.google.com/scholar_case?case=1768307810279741111 The world's longest minute order https://www.courtlistener.com/docket/65636836/application-of-the-new-york-times-company-and-charlie-savage-for-access-to/?order_by=desc Fed. R. Crim. Pro. 6 https://www.law.cornell.edu/rules/frcrmp/rule_6 McKeever v. Barr, 920 F.3d 842 (D.C. Cir. 2019) https://scholar.google.com/scholar_case?case=3726944855474329424&q=mckeever+v+barr&hl=en&as_sdt=2006

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***CLE Available*** The newly Republican House is threatening to refuse to raise the debt ceiling, raising the spectre of a US default.  Given the 14th amendment, section 4’s prohibition on “questioning” the debt of the United States, all sorts of constitutional questions and strategies have been raised.  We are fortunate to welcome Professor Jack Balkin, who knows more about this provision and this topic than anyone, to explain the origin of this constitutional provision, and why its history is directly relevant to today’s developments.  Meanwhile, what about the trillion-dollar coin and other mind-blowing approaches to the problem? We’ve got the lowdown on those, too.

This is my apology for recent events.

Melissa and Kate talk with Sasha Issenberg, journalist and political science professor at UCLA, about his book The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage. Issenberg offers a glimmer of hope about the lasting legality of same-sex marriage, even in light of Justice Clarence Thomas’s concurring opinion in Dobbs. But he warns about the dangerous exemptions that could be carved out through 303 Creative, which the Supreme Court has yet to issue an opinion on, but foreshadowed in its Hobby Lobby opinion.

• Buy your own copy of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage (use STRICT10 for 10% off!)
• Read an excerpt of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage
• Listen to our episode recapping arguments in 303 Creative v. Elenis 

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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A new record for him! Today Liz Dye has two stories for us. First, Trump has sued Bob Woodward for profiting off of his voice in his new book. Does he have a case? Well, almost assuredly not. But he happens to come close to a real argument, and you know, that's like really impressive! Then, Liz breaks down new news on Hunter Biden's laptop. It's still so confusing but Liz helps us make sense of it!

It's Liz ThursDYE! Lots has been made of the robots coming for the lawyer jobs... But is it all it's cracked up to be? Should a human use a lawyer to argue in front of the Supreme Court? Or is that... the single stupidest idea in history? Find out, with Liz Dye!

A new book, The Nation That Never Was, by Professor Kermit Roosevelt III of the University of Pennsylvania Law School, engages in extensive historical, legal, political, and philosophical analysis of the American story.  This is nothing less than a search for America's most useful and unifying narrative, even as we are living with the controversy and divisions that the “1619” and “1776” projects have wrought (or highlighted).  Professor Roosevelt embraces some of Professor Amar’s key innovations and claims, including the centrality of the Reconstruction Amendments for valid originalist analyses,  but he also makes claims that, shall we say, get Akhil’s (and Andy’s!) attention.  So, too, will it grab your attention as you listen to a respectful debate.

It's the return of Mo's Poplaw Lawpod! Ace associate Morgan Stringer breaks down the tragic death of up-and-coming cinematographer Halyna Hutchins. Charges were filed against Alec Baldwin and armorer Hannah Gutierrez-Reed.

Melissa interviews Dahlia Lithwick about her best-selling book Lady Justice: Women, the Law, and the Battle to Save America. They discuss overlooked women who shaped the legal system, complicity in judicial culture, the problem with clerkships, and what it means to actually participate in rebuilding a broken system. The conversation was originally a virtual New York University Birnbaum Women’s Leadership Network Book Talk in October 2022.

• Order Lady Justice: Women, the Law, and the Battle to Save America here (use STRICT10 at checkout for 10% off!)
• Read more about Whole Woman’s Health v. Hellerstedt
• Watch this documentary about lawyer and activist Pauli Murray, an often under-credited legal pioneer of civil rights, racial justice and gender justice, and listen to Strict Scrutiny's interview with the film makers
• Learn more about the International Refugee Assistance Project

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Some people are pissed about this, but should they be? What's happening and will Trump be charged in Georgia over his "perfect phone call?" Find out!

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