Versus Trump: The Senate As Impeachment Court

1/2/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie dive deep into two impeachment-related questions. First, what is the formal role of the Senate in an impeachment trial, and what power does the Chief Justice have? (Hint: Senators have all the power; the Chief Justice has basically none.) Second, what did the House say in its impeachment report about why it chose not to go to court or otherwise force recalcitrant Administration officials to testify—and does it make sense? Listen now!

Charlie Gerstein

Civil Rights Corps

Impeachment Trials and the Senator’s Oath of Impartial Justice

12/19/19  //  Commentary

Senators who vote on removal following impeachment trials must take an oath akin to that of a juror. The oath requires them to be impartial and vote regardless of the president's party affiliation. Will Senators do that here?

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Versus Trump: We're Famous! And There Are Articles

12/12/19  //  Commentary

On this week’s Versus Trump, Jason, Charlie, and Easha respond to Rep. Matt Gaetz's shoutout to this podcast during the Judiciary Committee's impeachment hearings. They then discuss their reactions to the Democrats' strategy with their public hearings and articles of impeachment. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The Contempt of William G. Barr

11/22/19  //  Commentary

Attorney General Barr recently said that "the Left that is engaged in the systematic shredding of norms and the undermining of the rule of law." Barr's outright partisanship relies on misunderstandings of history and a misguided view of the role of the attorney general.

Peter M. Shane

Ohio State, Moritz College of Law

Versus Trump: What Is Bribery?

11/21/19  //  Commentary

On this week’s Versus Trump, Jason, Charlie, and Easha discuss the definition of "bribery" for impeachment purposes, since Nancy Pelosi claimed that's what the evidence is showing at the impeachment hearings. They talk about how Congress and citizens should think about this notoriously slippery idea. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Versus Trump: The Coming Exec Privilege Showdown

11/5/19  //  In-Depth Analysis

On this week’s Versus Trump, Jason, Charlie, and Easha talk executive privilege. They outline the legal landscape of several hard questions in this area, like can the President completely prevent executive officials from testifying, and what role do the courts play here? Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Impeachment and Congress's Power of the Purse

10/29/19  //  Commentary

The President does not have constitutional authority to withhold foreign aid that Congress has mandated by statute.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: A Real Impeachment Episode

10/24/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie really talk impeachment. They answer two questions that have been debated in the media. First, does the full House need to vote to formally start impeachment proceedings? Second, does the President have a right, at this point in the investigation, to have his lawyers in the room to cross-examine witnesses or present opposing views? Listen now for the answers!

Charlie Gerstein

Civil Rights Corps

Versus Trump: Uncle Charlie's Comity Hour

10/10/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the major recent decision dismissing the President's attempt to block his accounting firm from turning over his tax returns to the Manhattan DA. Listen now!

Charlie Gerstein

Civil Rights Corps

Whistleblower Scandal Contains Reminder of Last Scandal: Time for a New One?

9/27/19  //  Commentary

Although Trump isn't deliberately using each new scandal to distract from the last one, the phenomenon is nonetheless maddening. It's like a game of Bizarro World Whack-a-mole in which each time you whack a mole another hammer emerges that somehow enables the same mole to escape.

Michael C. Dorf

Cornell Law School

Versus Trump: Can You Hear The Whistle Blowing?

9/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss the legal stakes of the fight over what Trump said to the President of Ukraine and the related whistleblower complaint. A lot happened between when they recorded the episode and when it's being posted, but we still think it's a useful primer on the legal questions in this dispute. Listen now!

Charlie Gerstein

Civil Rights Corps

The House Has Already Opened an Impeachment Investigation Against Trump

7/26/19  //  Commentary

The Constitution’s text and structure — supported by judicial precedent and prior practice — show that impeachment is a process, not a single vote

A Memorandum of Misunderstanding

7/22/19  //  Commentary

Mueller didn't indict Trump because DOJ policy prohibited him from doing so. That same policy points to the need for impeachment.

Why the Spotlight On Chief Justice Roberts May Soon Be Brighter—and Why That Matters

6/13/19  //  Commentary

Chief Justice Roberts would preside over any impeachment trial of President Trump. Here's why that matters.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Trump Versus Trump's Banks

5/9/19  //  Uncategorized

This week on Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by the President seeking to prevent two banks from responding to Congressional subpoenas that seek information about the his business dealings. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco