//  7/19/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie discuss the New York Attorney General's petition to dissolve the Trump Foundation and ban President Trump and his children from serving as directors of charities in the future. They then do some a hit on the new Mueller indictment. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

Jason starts the discussion by explaning Trump's non-profit Foundation, the role of states in regulating non-profits, and the rock-solid evidence produced by the New York Attorney General that, for many years up to and including the presidential campaign in 2016, President Trump misused charitable funds and violated a litany of other laws that are supposed to ensure that non-profits actually benefit the public interest in some way. Jason and Charlie discuss their favorite allegations, including that the President let campaign staffers direct charitable funds to benefit the campaign and that he fraudulently used Trump Foundation money to pay off a debt owed by one of his golf courses. They then discuss the bigger issues presented by this case, like whether the lawsuit can go forward against a sitting president and whether this kind of pre-Presidential conduct should matter politically. Charlie then discusses the latest Mueller indictment.

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Notes

  • The petition in this case is here.
  • A Bloomberg report describing the first court hearing in this case is here.
  • At Just Security, Katherine Cheasty Kornman discusses the federalism considerations in the case.
  • A Slate article on the case is here.

A Tainting of Judicial Independence

10/8/18  //  In-Depth Analysis

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.

Tom Ginsburg

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

Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.

Michael C. Dorf

Cornell Law School

The Vicious Entrenchment Circle: Thoughts on a Lifetime with a Republican-Controlled Court

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