//  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

Versus Trump: How Do We Protect Our Democracy?

2/14/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie sits down for a fun, casual conversation with Anne Tindall and Cameron Kistler of Protect Democracy about, well, protecting our democracy. Listen now!

Charlie Gerstein

Civil Rights Corps

Chief Justice John Roberts’ Next Move Will Tell Us A Lot

2/13/19  //  Commentary

While Roberts deserves some praise for his vote last week, the story of this Louisiana law is far from over. And what Roberts does next will tell us a lot—about him and the trajectory of the Court he leads.

Brianne J. Gorod

Constitutional Accountability Center

The Substance of the Supreme Court’s procedure

2/13/19  //  In-Depth Analysis

Last week’s Supreme Court stay orders say a lot about how the Court views the substance of the underlying constitutional claims in Dunn v. Ray and June Medical Services v. Gee.

Leah Litman

U.C. Irvine School of Law