Category: 3-LawSometimeCommentary

Okay, so it's an all-Trump episode... but you won't want to miss Liz and Andrew breaking down whether Donald Trump can sever his case from his co-defendants in Fulton County, along with updates on the Trump DC case and the impending disbarment of Trump's little buddy and insurrectionist mastermind, John Eastman.

In the Patreon bonus, the duo update you on Day 1 of Trump lackey Pete Navarro's trial for failure to comply with the January 6th Committee's congressional subpoena.

Notes Trump DC docket https://www.courtlistener.com/docket/67656595/united-states-v-trump

DOJ reply Opp Motion to Vacate https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.49.0.pdf

Perry DC Cir docket https://www.courtlistener.com/docket/66700176/in-re-sealed-case/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

Willis Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F0FC73AC40C5

Trump Motion to Sever https://s3.documentcloud.org/documents/23933074/23sc188947-motion-6.pdf

Jan 10 2021 Eastman email to Valerie Moon https://storage.courtlistener.com/recap/gov.uscourts.cacd.841840/gov.uscourts.cacd.841840.350.8_4.pdf

Liz Wonkette on Gohmert https://www.wonkette.com/p/dumbest-man-in-congress-files-election-lawsuit-that-would-make-a-krakenhead-blush

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***CLE Available*** We continue our exclusive discussion with the Professors Baude and Paulsen, authors of the bombshell article declaring Trump ineligible for the Presidency.  This time we explore some concerns that have been voiced in the media and elsewhere; we look at how this provision might make itself effective in practice.  We trace the possible routes such an effort might take; where would it be initiated - and importantly, who would be the final authority?  Along the way we enter the Fed Courts classroom and look at - what else - the Constitution’s voice on these matters, in the 14th amendment, and elsewhere. Continuing Education Credit is available by going to podcast.njsba.com after listening.

Juvaria Khan, founder of The Appellate Project, joins Melissa, Kate, and Leah to catch up on the fallout of the Supreme Court's affirmative action decision in June. Then, Melissa talks with Justice Goodwin Liu of Supreme Court of California and Mary Hoopes of Pepperdine's Caruso School of Law about their research on how judges consider diversity when hiring clerks.

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Today's show welcomes Georgia criminal defense and appellate attorney Andrew Fleischman to the show to help answer Liz and Andrew's questions about the case against Donald Trump and his criminal enterprise in Fulton County, Georgia. 

You might be surprised at some of the things the major news outlets aren't getting right....

Notes DA Fani Willis’s Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F0FC73AC40C5

Chesebro’s Response to Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2152/23SC188947-RESPONSE-TO-STATES-MOTION-KENNETH-JOHNS-CHESEBRO

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The Justices have beenoff  on their European vacations for a couple of months but we're still cranking out episodes breaking down last Term. We start off by discussion Will and Michael Stokes Paulsen's SSRN-breaking article arguing that Donald Trump is ineligible for the presidency under Section 3 of the Fourteenth Amendment. We then break down a couple of shadow-docket happenings involving "ghost guns" and the Purdue bankruptcy. We then finally clear our backlog of June cases by discussing two last opinions: Coinbase v. Bielski, which involves the intersection of arbitration and appellate jurisdiction,  and Groff v. DeJoy, which importantly clarified employers' obligations to provide religious accommodations to employees under Title VII of the Civil Rights Act of 1964.

Liz and Andrew tackle the latest right-wing nonsense freakout talking point: that Joe Biden, as Vice-President, used secret email accounts to backchannel his criminal plotting to his son Hunter. Learn how every bit of this claim is complete nonsense as we break down the latest FOIA lawsuit filed by the Southeastern Law center.

After that, the two discuss Sidney Powell's hilarious motion to sever her criminal indictment from everyone else in Fulton County, Georgia AND the ongoing saga of Trumpland lawyers and their conflicts.

And if all that isn't enough, in the Patreon bonus, Liz and Andrew talk about the most recent developments with Trump lackey Peter Navarro.

Notes New York Post story on Biden's emails https://nypost.com/2023/08/29/biden-sent-5400-secret-emails-under-different-pseudonyms/

SLF v. NARA complaint https://storage.courtlistener.com/recap/gov.uscourts.gand.319627/gov.uscourts.gand.319627.1.0.pdf

SLF docket https://www.courtlistener.com/docket/67738744/southeastern-legal-foundation-inc-v-national-archives-and-records/

Sidney Powell Motion to Sever https://s3.documentcloud.org/documents/23932460/23sc188947-motion-4-powell-sever.pdf

Sidney Powell J6 Testimony https://www.govinfo.gov/content/pkg/GPO-J6-TRANSCRIPT-CTRL0000082296/pdf/GPO-J6-TRANSCRIPT-CTRL0000082296.pdf

Fulton County indictment https://www.fultonclerk.org/DocumentCenter/View/2108/CRIMINAL-INDICTMENT

 De Oliveira opposition to Garcia https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.137.0.pdf

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It's our 800th Episode!

Surprisingly, Mark Meadows testified at his removal hearing in Georgia, which means that he has likely waived his Fifth Amendment rights against self-incrimination. To understand what happened and why, Liz and Andrew welcome back friend of the show Mitchell Epner. Could this mean that Meadows will flip on Trump -- and if so, when?? Listen and find out!

Notes GA v. Meadows federal docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/

Judge Jones order re: supplemental briefing in Meadows https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/

Meadows emergency motion for removal https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.17.0_1.pdf

Meadows motion to dismiss on supremacy clause grounds https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.16.1.pdf

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***CLE available*** In a special episode, the two distinguished authors of a recent major article, which dives deep into Section 3 of the Fourteenth Amendment and finds that Donald Trump is disqualified from the Presidency, join us for a thoughtful and rigorous examination of the tough questions about their conclusions.  These are leading conservative scholars who have gone where their methodologies, and the law, has taken them.  Reaction has been swift and impassioned around the country, and in this episode they respond for the first time to some of the critiques, explore the implications of their work, and in doing so, they bring an integrity to our civic conversation.  This is an important discussion of important issues, by real experts. Note: Continuing Legal Education Credit available after listening by going to podcast.njsba.com.

Melissa, Leah, and Kate invite two guests to zoom out and analyze how the current Supreme Court got to be the way that it is... and what progressives are doing to push back. Michael Waldman, author of The Supermajority: How the Supreme Court Divided America, provides historical context for other times the Supreme Court has challenged the country. And Brian Fallon, co-founder of Demand Justice, reflects on his tenure as Executive Director as the group challenged Democrats to get on board with judicial reform.

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• Read about Demand Justice's current campaigns for reform
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Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 6/12 – NYC
• 10/4 – Chicago

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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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Today, Liz and Andrew tell you everything you need to know about Mark Meadows's efforts to remove the Fulton County, GA RICO indictment to federal court; about Sidney Powell's efforts to demand a speedy trial; and about the rising tension between Donald Trump and the rest of his co-conspirators.   After that, the duo break down the impending ethics crisis in the Southern District of Florida documents retention case, and discuss how Judge Aileen Cannon, FSW, is on the verge of ignoring very real conflicts that could prevent Trump's two co-defendants from getting a fair trial.   Notes Fulton County GA docket https://www.fultonclerk.org/DocumentCenter/Index/142   Georgia v. Meadows removal (federal) docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/   State of Georgia v. Clark (federal removal docket) https://www.courtlistener.com/docket/67713789/the-state-of-georgia-v-clark/   GA v. Latham federal removal docket https://www.courtlistener.com/docket/67730534/the-state-of-georgia-v-latham/   Latham removal https://storage.courtlistener.com/recap/gov.uscourts.gand.319599/gov.uscourts.gand.319599.1.0.pdf   Chesebro speedy trial motion https://s3.documentcloud.org/documents/23925099/23sc188947-demand-for-speedy-trial.pdf   Sidney Powell speedy trial motion https://www.fultonclerk.org/DocumentCenter/View/2126/DEMAND-FOR-SPEEDY-TRIAL-SIDNEY-POWELL   Meadows reply sup removal https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.45.0_1.pdf   Ulbrich v. State, 870 S.E.2d 859 (2022) https://scholar.google.com/scholar_case?case=8364812589412216761   CNN on identity of 30 unindicted co-conspirators https://www.cnn.com/2023/08/17/politics/trump-georgia-30-unindicted-co-conspirators/index.html  

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