//  2/8/18  //  Commentary

On the latest episode of Versus Trump, Charlie and Easha talk all things Russia investigation (or tangentially Russia investigation)—the Nunes #meh-mo, the fallout therefrom, and whether Trump will be interviewed by the Special Counsel. As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

Charlie and Easha start with the basics: What is FISA, and how did the Department of Justice get a warrant to listen in on Carter Page's communications? They go through the flaws in the Nunes memo, but they conclude that even if the Nunes memo had been 100% accurate, the warrant probably wasn't deficient, given prevailing legal standards. They speculate about whether the New York Times will be successful in obtaining the FISA court's Page opinion, and they close with a resounding agreement that Trump's lawyers are kidding themselves if they think they can evade a subpoena from Mueller.

You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. And you can buy t-shirts and other goods with our super-cool logo here.

Links

  • The full text of the Nunes memo is here.
  • Professor Orin Kerr's helpful post regarding probable cause is here, at Lawfare.
  • Easha mentioned an Intercept article about authorized surveillance of Muslim-American leaders here.
  • An article about the New York Times' request for the FISA court's opinion is here. The motion to unseal before the Foreign Intelligence Surveillance Court is here

The DACA Decision is Trouble for Discrimination Law

6/24/20  //  Commentary

The Dreamers’ victory has been celebrated as a sign that the Court is above partisanship and willing to serve as a check on executive branch abuses. But the price of that victory was a defeat for the Constitution’s guarantee of equal protection.

Jessica Clarke

Vanderbilt Law School

Unbinding Leniency: Evaluating the Obama Clemency Initiative and Its Lessons

6/22/20  //  In-Depth Analysis

A recent article evaluates President Obama's clemency initiative and its lessons for criminal justice reform.

Take Care

Versus Trump: Easha's Back, To Talk Qualified Immunity and Police Reform

6/21/20  //  Commentary

On this week’s Versus Trump, Easha Anand makes her triumphant return to talk qualified immunity and police reform. The trio talk about the proposal to reform qualified immunity and debate whether that will do much. They then break down other new legal innovations in the various proposals and ask: is it enough to create new grounds for people to sue? Or are other reforms more important? Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps