//  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

A Tainting of Judicial Independence

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Kavanaugh's potential perjury means that his seat on the Court may depend on continuing Republican control in Congress. This is plainly inconsistent with any account of judicial independence.

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University of Chicago Law School

Aziz Huq

University of Chicago Law School

The 'All of the Above' Approach to Justice Kavanaugh

10/7/18  //  In-Depth Analysis

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Cornell Law School

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10/7/18  //  In-Depth Analysis

By the time the Supreme Court’s current Term ends in June, it will have been more than 50 years of GOP-appointed control, even though Democrats have won a majority or plurality of the popular vote in seven of the twelve elections in that period.

Marty Lederman

Georgetown Law