//  10/19/17  //  Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon.

The discussion begins with a quick discussion of why Arpaio was charged with criminal contempt in the first place, and how several outside organizations are trying to contest the validity of the pardon by asking the district court not to dismiss the case against Arpaio. Easha then [at 6:00] gives us an overview of the law regarding the scope of the President's power to pardon those individuals charged or convicted with federal crimes, and Charlie explains [at 10:00] what contempt is and why it may be a special kind of federal crime outside the president's pardon power. Jason, however, doesn't buy it, and a debate ensues. The discussion then turns [at 25:00] to other theories for why the pardon may not have been lawful, and there proves to be more agreement there. Finally, the group turns [at 36:00] to what's next in the case, including a potential appeal of the trial court's decision to give effect to the pardon and dismiss the criminal case, and whether the president can prospectively pardon his associates. 

The episode ends with a couple of Trump nuggets about Governor Brown's veto of a bill we discussed a few weeks ago and a brief mention of the decision on Muslim Ban 3.0.

As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

Please share or provide feedback, and rate us in iTunes. You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. 

Links


Can Congress Investigate Whether the President Has Conflicts of Interest, is Compromised by Russia, or Has Violated the Law?

7/29/19  //  In-Depth Analysis

The President's lawyers are urging courts to hold that Congress’s oversight and regulatory authorities simply don't extend to investigating the wrongdoing, foreign influence over, and possible conflicts of interest of, the President of the United States. That's wrong.

Marty Lederman

Georgetown Law

Ask Mueller about Indicting a President: The Legal Error at the Heart of his Cryptic Report

7/23/19  //  Commentary

Let's not have unrealistic expectations of Mueller dropping bombshells. But if Congress is going to hold hearings, it should ask these questions.

Jed Shugerman

Fordham Law School

A Memorandum of Misunderstanding

7/22/19  //  Commentary

Mueller didn't indict Trump because DOJ policy prohibited him from doing so. That same policy points to the need for impeachment.