The Luckiest Criminal Defendant in American History
Added 2024-11-08 07:28:35 +0000 UTCOA1083 - What does it mean to be a legal podcast at a time when the rule of law itself is in play? We reflect on this moment before answering a few patron questions and taking a closer look at the current state of each of the three criminal cases against Donald Trump as of this week.
“A Sitting President’s Amenability to Indictment and Criminal Prosecution,” DOJ memo dated 10/16/2000.
Docket for Jack Smith’s appeal of Judge Cannon’s 11th Circuit
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Comments
Hey, just wanted to say thanks for the episode. I’m sitting in the hospital room holding my newborn baby girl right now catching up on episodes and I really appreciate the sentiment of not giving in to despair. I am terrified of raising a little girl in a country that hates women as much as this one does, but despair is not an option for me. I need to do what I can to try to make this country a place where my little girl can thrive.
I have perspicaciously noted that JBP is a moron
2024-11-12 01:44:49 +0000 UTCThere’s a really good thread on Xitter from Ben Wikler about how well Wisconsin democrats did in the election. If anyone needs a good explainer, this is good Also makes me think of Russian influence that we elected Tammy Baldwin (out lesbian) and not Kamala, but I’m sure that’s being looked into
Katie Byrum
2024-11-09 22:29:21 +0000 UTCBy Bill Barr's reasoning, the people who elected Fanni Willis should expect her recusal to be cancelled. The people have spoken.
Karen Dix-Colony
2024-11-09 17:10:27 +0000 UTCIts a real concern. I sue cops for a living and pardons arent the only way they get off the hook, unforunately. Bivens (the law allowing folks to sue federal LE) is all but dead, and state and local cops can rely on qualified immunity to get a pass for some of the most ridiculous, objectively terrible and intolerable behavior. So beyond criminal charges (sorry to add bad news to bad news), there is likely to be very limited recourse through civil law, either.
Katie Herrmann
2024-11-09 01:29:01 +0000 UTCHey guys, I wanted to share this idea hope you’ll share it on the show. Reddit obviously allows anybody to create a subreddit for anything. Today I created a new user account for privacy reasons and created a subreddit called r/queeractiongreeley for my home town to coordinate and educate queer folks in my small home town of Greeley Colorado. I then shared it to state politics subreddits, more broad LGBTQ+ advocacy subreddits and the local town subreddit (there is a good chance any town of like 50k or more people has one). So far I’m kind of basing it on the Where There’s Woke model and I’m collating information right now about our local school board including the members stances, recent news stories about the crazies coming to town, resources for people to speak at meetings or volunteer with the district, and I’ll be adding information on running for local offices in the town like mayor and city council. Within 6 hours I have thirty members on the subreddit. Within a narrow focus, I think I might be able to genuinely move the needle, and the more people we have in local offices, the easier states can resist the coming federal policies however they can.
Richard Stifle
2024-11-09 01:04:13 +0000 UTCThis was pressed in Sinclair Lewis’s “It Can’t Happen Here.”
Emma Joy Jampole
2024-11-09 00:12:08 +0000 UTCI agree. I did have a question for the show. Could you explore the statute of limitations for all of the federal cases? I doubt that they could be revived after another term without reelection. I just wonder if they may still have a chance to be reengaged, a very long shot admittedly.
Ryan
2024-11-08 18:50:45 +0000 UTCMy daughter is on IEP as well. Of the large constellation of worries since 3am Nov6, this is one of them.
I S
2024-11-08 18:13:14 +0000 UTCWe got into this in the first fascism episode, but political paramilitaries enforcing the party's will through unsupervised street violence are the last stage of fascism. This has been my concern since the proud boys first emerged given how much they seemed to relish the chance to do exactly that wherever they could
Matt Cameron
2024-11-08 16:55:14 +0000 UTCMy question is what are the statutes of limitations for the federal cases? It’s a long shot but if they could be refiled in four years, that would be a good thing to know.
Ryan
2024-11-08 16:28:54 +0000 UTCI guess maggot don’t like to eat most of our produce and other farm work is done by undocumented immigrants I mean…. Sigh
I S
2024-11-08 16:25:20 +0000 UTCBiden and Harris need to issue executive orders every day for the rest of this presidency every day a new roadblock, larger and larger speed bumps. This is existentially necessary.
I S
2024-11-08 16:18:20 +0000 UTCAnd I'm glad you've found the balance too! I just want to get to a world where we don't all have to do it by pushing ourselves to the breaking point
Matt Cameron
2024-11-08 16:01:16 +0000 UTCYep. Lawyers just were not talking about any of this when I was coming up, and while I gather it's at least acknowledged in law schools now I think there is a persistent feeling that openly talking about our mental health struggles--and the research shows we have it several times worse than average--is a sign of weakness that will be bad for our careers. I decided after coming out of my burnout era that we all need to be more public about all of it, so here we are
Matt Cameron
2024-11-08 15:59:21 +0000 UTCI don't thing they'll call themselves death squads, but I'm terrified that we'll see a new LE unit made uup of Proud Boys and pardoned J6 rioters to crack the heads of political opposition. I'd like to think I'm exaggerating, but Trump clearly wants it and I'm not sseeing much that would prevent it, especially given SCOTUS blessing of his corrupt use of pardons.
Gmork
2024-11-08 14:46:27 +0000 UTCIm feeling/wondering…since we have enough uneducated (or whatever) citizens/voters who dont care about facts for him to get elected and have congressional control AND maga obviously doesnt care about the law will the law actually be able to stop them? Im sure they will gaslight to keep appearances of being civil and keeping democracy intact buuuut he’s not opposed to military action on citizens …i know this is a comment with some despair its just something. I need more input about
Reese
2024-11-08 14:40:54 +0000 UTCThe advice on burnout is solid. There is a sense of guilt that comes with taking a break when things are bad and you know what others is going through is likely much worse. But being a good advocate for others requires taking care of yourself, first. I know a lot of attorneys whose work has been an uphill battle for years have found this out the hard way (present company included). I started as a civil rights lawyer in June 2016 and had no idea what was coming. My family used to joke that I wouldn't admit anything is wrong until I fell over - and that ended up being what happened. It turns out if you push down your feelings, subject yourself to unmitigated stress and eat and sleep too little, your body will eventually call your BS and you may just end up fainting while brushing your teeth one evening. I have a completely different approach to stress since then. I talk about my feelings. A lot. Too much for some, I'm sure. In the past two days I've fixed up an old train set for my dad and crocheted most of a blanket. Give yourself that, too. Find something you love, and someone you trust (a friend, significant other, therapist, or family member that doesn't suck) and do what you need for you. Its not just OK - it is necessary.
Katie Herrmann
2024-11-08 14:14:53 +0000 UTCI would like some conversation around DoE stuff. I have two autistic kids on IEPs. What happens to funding for school supports? Is IDEA gone? Will we be uncritically teaching the Bible in elementary schools next year?
Unlikable Internet Goblin
2024-11-08 14:13:46 +0000 UTCI had this as my patreon name for a while, but seriously Rest is Resistance by Tricia Hersey is so good. We need to rest and conserve energy and take breaks and opt out of the circus in order to keep going. Music, art, nature, joy, family, laughter are all things we need to bring along this journey.
Cheers to The Onion, the greatest media outlet in the history of humankind
2024-11-08 13:39:29 +0000 UTCIf Biden wants to go out like a legend, he should take a truckfull of secret documents and put them in his bathroom.
Timothy High
2024-11-08 12:52:21 +0000 UTChe still doesn't have a plan tho
Bald Weasels Scrotal Manscaping
2024-11-08 11:14:58 +0000 UTCHey Thomas, would you mind stripping the Trump/Vance stuff out of the opening? They just sting after Tuesday. Hopefully there are some other clips in reserve that didn't make the cut in the past, but even just no clips until OA1100 would be better than hearing their shitty bullshit again, knowing they got elected.
Graydon Armstrong
2024-11-08 09:14:25 +0000 UTC
