//  3/15/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie do a near-live episode about Stormy Daniels' lawsuit against David Dennison—we mean, Donald Trump. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes.

They start the episode by summarizing Daniels' unusual lawsuit, which asks a court to invalidate a non-disclosure agreement that she signed in October of 2016 that is supposed to prevent her from talking about an alleged affair between her and Trump. Daniels claims that the agreement is invalid, both because it was never signed by President Trump and because it was unconscionable; Charlie, Easha, and Jason discuss both arguments. They also discuss the provision that requires disputes about the contract to be heard by an arbitrator, not a judge; the agreement's implications for campaign finance law; whether President Trump could prevent CBS from airing an interview it has supposedly taped with Daniels; and whether Trump's lawyer could be subject to discipline for his conduct.

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 Complaint is here.
  • The arbitrator's TRO is here.
  • An article in Slate laying out several legal issues in the case is here
  • At Election Law Blog, Rick Hasen asks several questions raised by the case here.
  • An article in the Washington Post nicely explains why it will be difficult to prevent CBS from airing an interview with Daniels.
  • Here is an NBC article explaining why the payment to Daniels could violate campaign finance laws.

How Nervous Should You Be About Election Day?

11/2/20  //  Commentary

I'm pretty nervous. But there’s also no reason to think that the rule of law has been entirely eroded in America in 2020. So far, the center has held.

Versus Trump: The Law Headed Into The Election

11/2/20  //  Commentary

Will this be the last Versus Trump before Trump loses reelection? Who knows, but, on this week’s episode, Jason and Charlie discuss key theories that will shape which votes count. Listen now!

Charlie Gerstein

Civil Rights Corps

How To Decide A Very Close Election For Presidential Electors: Part 3

10/28/20  //  In-Depth Analysis

We conclude our examination of close presidential elections by taking a deep dive into Florida in 2000. Was the December 12, 2000 deadline really as firm as it seemed to the courts and some of the parties, or could the count have proceeded?