//  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

When (if Ever) Must the House Impeach the President?

12/12/18  //  In-Depth Analysis

A response to Cass Sunstein's analysis of this question

Laurence H. Tribe

Harvard Law School

Versus Trump: Versus Whitaker, In-Depth

12/6/18  //  Uncategorized

On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Are We All Textualists Now?

12/5/18  //  Commentary

Trump's executive order closing the government today out of respect to George H.W. Bush violates the plain text of a federal statute. If we really were all textualists now, that would be taken seriously.

Neil J. Kinkopf

George State University College of Law