Category: 3-LawSometimeCommentary

Episode 1005. So uh, yeah. About that. The news was so crazy that we recorded two different episodes and I had to stitch them together like a Frankenstein's Podster. Because WOW Georgia. In addition to that, Matt has for us a tour of the Trump legal circuit! It makes stops in DC, Florida, Georgia, and New York, with a brief layover in 1998 to reminisce about where we were the first time we heard an elected official talking about their sex life under oath. We share some initial impressions of the first day of Fulton County DA Fani Willis's disqualification hearing, debate whether Nathan Wade actually billed the county for 24 hours of work in one day, and consider what might happen next (and what probably should have earlier) in this unfortunate and entirely evitable sideshow to the single most important state criminal case prosecuted in our lifetimes. Also discussed: What's next for the stupidest impeachment in the history of impeachments? What's up with the House rule which makes tying a vote *much* worse than losing one? Is Robert Hur a doctor or does he just like playing one in special counsel reports? And we finally learn the one thing that truly makes Matt angry: FONTS.     1. Nixon v. U.S. (1993) 2. Trump's stay request to SCOTUS re: immunity claims 3. GA Defendant David Shafer's filing re: motion to disqualify 4. GA Code § 15-18-15 (2018) 5. Judge Merchan's denial of Trump's motion to dismiss

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As promised, we return in very short order with the completion of our analysis and response to the oral argument in Trump v. Anderson - before the Court has ruled. Again, key clips from the argument are played and dissected. The previous Part I episode concentrated on arguments concerning self-execution of Section Three; this episode reviews many of the other issues addressed by the Court, from questions of the nature of the Presidential Election and the closely related Electoral College, to the persistent irritant of "officer" and "office" questions.  As in the prior episode, Professor Amar “slows everything down” to allow you and hopefully the Court avoid sweet-sounding but flawed paths.  This episode is posted 8 days early for this reason. Continuing legal education credit is available; visit podcast.njsba.com after listening.

At laaaaaaaast it is the return of #T3BE! And we've got, not 1, not 2, but 3 questions! First, a question + answer to get warmed up, since we don't have any answers from previous weeks. THEN, the question everyone can play along with. AND THEN, it's the question only Patrons are elligible to win. But also, for patreons only, I've included the first question Matt and I ever did. We did some T3BE to practice, and this first one is maybe my favorite.

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I used Dall-e for fun to create a T3BE graphic and it gave me "Thas BAR EXAM!" 10/10

After quick review of an order about admissions at West Point and two new unanimous opinions, we spend almost all of the episode breaking down last week's oral arguments in Trump v. Anderson. What excuse will the Supreme Court use to keep Colorado from disqualifying Trump from the ballot?

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Episode 1004. "What's going wrong?" Neil Young once asked Alabama, and it's still a good question 52 years later in the wake of the unprecedented execution of Eugene Michael Smith on January 25, 2024 by nitrogen gas. Casey returns to share why learning about the death penalty made her want to be a lawyer before we review the recent history of capital punishment in the U.S. and the dangers of an originalist interpretation of a "cruel and unusual" execution. We then take a closer look at how a completely untested method of taking a human life came to be used in Alabama and find some hope for an end to state-sanctioned murder.   1. VIDEO: Spiritual advisor Jeff Hood describes the execution of Eugene Michael Smith 2. VIDEO: Alabama Attorney General Steve Marshall describes Smith's execution as "textbook" 3. Bucklew v. Precythe :: 587 U.S. ___ (2019) 4. Sotomayor's dissent in Smith v. Hamm 5. Thomas and Alito's dissent in Hamm v. Smith 6. The Death Penalty in 2023: Year End Report | Death Penalty Information Center  

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Graphic generated by Dall-e and seemed fitting.

The Supreme Court heard arguments in the case about whether Section 3 of the Fourteenth Amendment disqualifies Donald Trump from appearing on the presidential ballot or holding the office of the presidency because of his role in January 6th. Melissa, Kate, and Leah break down the arguments and what it will mean if the Supreme Court reverses the Colorado Supreme Court's decision.

 

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EARLY UPLOAD - The Supreme Court heard oral arguments in Trump v. Anderson on Thursday, and we were so alarmed by the errant direction they took that we decided to take to the air early. Here are key clips from the argument dissected - exposed, really - to reveal the mistaken representations of the meaning of certain cases; the ignoring of key facts which then distort others; the absence of key lines of argument; and the danger that the Court may be headed for another debacle on the scale of Bush v. Gore. Professor Amar “slows everything down” so the sometimes subtle misdirection that a fast-paced oral argument can induce is neutralized, creating  clarity that we can only hope some Justice or some clerk sees in time.  This episode is posted 4 days early for this reason, and next week’s will follow later this week as well.  CLE credit is available from podcast.njsba.com beginning Monday, February 12.

Republicans thought they were going to impeach DHS Secretary Mayorkas but they didn't count on... AL GREEN!   There has been so much in the news that Matt and I thought we'd do some bonus recording, both to give you fine folks more content and also to keep practicing and getting into the groove. Matt breaks down the absurd Articles of Impeachment that some Republican intern typed up. Then we talk about the border bill Republicans demanded but then... fought against after Trump said to.  

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Oral arguments at the Supreme Court Thursday in Trump v. Anderson revealed a lot about some of the justices’ commitment to the primacy of originalism. Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, joins Dahlia Lithwick to discuss why his organization took up and pursued the long shot case to try to keep former President Donald J Trump off the ballot in Colorado. While the Supreme Court appeared to have little appetite for taking the big swing to find that Trump had disqualified himself from office when he engaged in an insurrection, Noah insists the case is far from having been in vain - eloquently highlighting the dangerous potential consequences of inaction. It's a chilling reminder of what’s at stake.

Next, Dahlia is joined by slate senior writer Mark Joseph Stern to discuss whether the liberal justices have some grand bargain in mind as they offered multiple off-ramps for Trump’s side, despite dozens of bipartisan briefs arguing for Trump to be kept off the ballot, the court’s originalist’s sudden concern for consequences in this case, when they have had no interest in weighing the life and death consequences for ordinary people in cases concerning guns and abortion. Finally, they tackle a worrying undercurrent to Thursday’s arguments: an apparent capitulation to threats of chaos and violence as a basis for deciding constitutional cases. 

In our Slate Plus segment, Mark sticks around to discuss a landmark gun decision out of the Hawaii Supreme Court, and why it’s a problem that DOJ’s special counsel, Robert Hur, issued a report declining to prosecute, but affirming that Joe Biden is old (hint: the problem isn’t that he’s old). 

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In Episode 1003, Thomas and Matt are joined by Matt's partner, Casey, to discuss what's been going on with District Attorney Fani Willis down in Fulton County, Georgia. Perhaps you've heard about a scandal involving a relationship and a messy divorce... But how severe is it? How much of it is real, and how much is MAGA disinfo? What is likely to happen? Find out! 

Casey was a prosecutor at the state level for more than 15 years. She has extensive experience in both trial and appellate litigation, including a substantial caseload of major felony and homicide matters. So not only are they a prosecutor and a defense attorney, but Matt and Casey also bring some extra insight when it comes to relationships between lawyers, as they are a real-life married lawyer couple!

If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.