//  8/31/17  //  Commentary

On this week’s episode of Versus Trump, we talk about web-hosting company Dreamhost's refusal to cooperate fully with the Trump Administration's broad request for information about the visitors to DisruptJ20.org, a website allegedly used by those involved in an Inauguration Day riot. As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

We begin the episode [at 2:00] by discussing the background of the case. Over 200 people were charged in connection with an Inauguration Day riot in Washington, D.C., and, during the investigation, the U.S. Attorney obtained a warrant that ordered Dreamhost to turn over a vast collection of data about visitors to the website DisruptJ20.org. The government says this site served as an online organizing tool for the rioters. Dreamhost, however, pushed back against the broad scope of the warrant; as we discuss, the government later narrowed the request, but a court last week ordered Dreamhost to comply with the newly-narrowed warrant, though the court will continue to supervise the data collection. We next [at 6:00] discuss whether the Trump Administration's request was a break with earlier attitudes about the scope of warrants for collection of electronic data. That leads us [at 24:00] into a discussion of the merits of the so-called two-step process of electronic data search and seizure, according to which government agencies are allowed to sift through large collections of electronic data and discard irrelevant information. One host is even persuaded of a new position live on air! (We won't reveal who.)

The episode concludes [at 34:00] with Trump nuggets about Carl Icahn and Joe Arpaio.

Please share or provide feedback, and rate us in iTunes. You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. 

Links

  • There is no written ruling in the Dreamhost case, but a good description of what happened is available here via Dreamhost or here at the New York Times.
  • The narrowed scope of the warrant is explained here. Dreamhost’s opposition to the warrant is here, and the government's brief explaining that it was narrowing its request is here. 
  • We discuss the Supreme Court’s opinion in Riley v. California, and the opinion in that case is available here. Jason quotes from the Solicitor General’s brief in that case, and the brief can be found here.
  • Take Care has featured multiple posts about the Arpaio pardon, including most recently those by Chiraag Baines here, and Leah Litman and Lark Turner here. 
  • Easha’s Trump nugget highlights a New Yorker article, available here, about investor and former Trump advisor Carl Icahn.

Versus Trump: Lots To Discuss...

3/12/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason cover a number of outstanding decisions and issues that they've missed over the last month. They talk Mueller Report, Medicaid work requirements, and more. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: Enforce Your Own Subpoena!

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On this week’s Versus Trump, Charlie and Jason discuss the D.C. Circuit's recent opinion holding that courts have no power to enforce subpoenas issued by the House. They discuss the opinion's rationale, whether it makes sense, and whether the House might—or should—take the court up on its offer to start jailing Trump Administration officials in their own brig. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: State Immunity Under The VRA + Adios, Easha :(

2/13/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason discuss a dissenting opinion by a Trump-appointed judge arguing that states cannot be sued for violating the Voting Rights Act. They then say goodbye to Easha with a tribute to her thinking about Versus Trump law and litigation. Listen now!

Charlie Gerstein

Civil Rights Corps