Versus Trump: The End...Or The Beginning?
Well, this is it for Versus Trump, folks. Trump ain't President anymore! He doesn't even have a twitter account. What a way to end.
Charlie and Jason bring back Easha to discuss the short and long term impact of January insurrection. They then reflect on the big picture. After all, we've been podcasting about legal cases involving Trump for almost four years. What in the world happened?
Versus Trump: The Aftermath + Interview with Joshua Matz
On this week's Versus Trump, Charlie and Jason discuss the madness of last week and what might happen next for impeachment, cirminal charges against Trump, and more. They are then joined by Take Care publisher Joshua Matz to discuss his views on impeachment and Trump's legal legacy. Listen now!
Versus Trump: The Electoral College Votes
On this week's Versus Trump, Charlie and Jason discuss the vote of the Electoral College and the Supreme Court's unanimous rejection of Texas's longshot bid to overturn the result of the election. Happy holidays!
Versus Trump: Going to Church In Times of COVID
On this week's Versus Trump, Charlie and Jason discuss the recent Supreme Court decisions requiring states to allow in-person religious services even while other gatherings can be banned. The pair gently disagree about how hard or easy these cases are. Listen now!
Versus Trump: Legal Update + The GSA Travesty
On this week's Versus Trump, Charlie and Jason discuss the status of Trump's legal challenges to the election (going nowhere) and the Trump Administration's dangerous and illegal refusal to designate Biden as the President-elect and therefore give his team resources for a smooth transition. Listen now!
Updates | The Week of January 15, 2018
1/14/18 // Daily Update
Joe Arpaio, the ex-sheriff pardoned by President Trump, announces a Senate run in Arizona. Democratic members of Congress are concerned that the Trump administration may pressure the IRS to produce politically advantageous but substantively problematic withholding tables.
Updates | The Week of December 18, 2017
12/24/17 // Daily Update
Following the logic and example of Clinton v. Jones, sitting presidents should also be subject to suit in state courts. President Trump took aim at the FBI on Friday, calling its behavior "disgraceful" just before he appeared at its training facility to praise the nation's police officers.
Updates | The Week of December 18, 2017
12/24/17 // Daily Update
Following the logic and example of Clinton v. Jones, sitting presidents should also be subject to suit in state courts. If President Trump decides to fire Special Counsel Robert Mueller, it might result in impeachment. Commentators disagreed about the legal status of an obstruction of justice charge against the President.
Updates | The Week of December 18, 2017
12/24/17 // Daily Update
Americans must decide now how they will respond if Special Counsel Mueller is fired. Allies of the Trump Administration may be trying to spread doubt about the Russia investigation to provide political cover for future presidential pardons. A lawyer for President Trump claimed Robert Mueller obtained transition emails improperly, while a spokesman for Mueller disputed the claims.
Versus Trump: A Real Impeachment Episode
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!
Versus Trump: Uncle Charlie's Comity Hour
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!
Trump Jr. and Citizens United
In a perfect world, federal election law would distinguish between foreign governments involving themselves in U.S. elections and foreign nationals doing so. Unfortunately, we don't live in that perfect world because of the Supreme Court.
Versus Trump: Trump's No Good, Very Bad Day
On this week’s Versus Trump, Jason and Easha break down President Trump's bad day in court on Friday, October 11. On that day, he lost three different lawsuits: one on the "public charge" immigration rule, one on Congress's subpoena power, and one on border wall funding. Listen now!
Versus Trump: We're Famous! And There Are Articles
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!
Versus Trump: Kavanaugh's Coming, Plus Updates
On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Listen now!
Versus Trump: Judges of Christmas Future
On this week’s Versus Trump holiday spectacular, it's all judges, all the time. Charlie, Jason, and Easha take a closer look at a number of the President's judicial nominees—confirmed, pending, and withdrawn—to examine what might happen to Versus Trump cases in years to come. Listen now!
Versus Trump: I Want Out!
On this week’s episode of Versus Trump, Charlie and Easha discuss the cases against Trump University, the global settlement that was reached, and whether the pending challenge by a lone objector can—or should—alter the result. Listen now!
Versus Trump: States vs. Conscience Rule
On this week’s Versus Trump, Jason, Charlie, and Easha discuss a court's opinion vacating the Trump Administration's so-called "conscience rule." This rule would have broadly permitted many employees in the healthcare sector from in any way participating in procedures with which they have religious or moral disagreements—even in emergencies. Listen now!
Versus Trump: The House Versus The FBI
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.
Versus Trump: How Bad Is It?
On this week's episode of Versus Trump, Jason and Charlie ask the question that so many of us ask frequently: how bad is the Trump Administration? Is it better or worse than we should have expected back on election night in 2016? Listen now!
Versus Trump: Stop The Wall!
On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss the early lawsuits that seek to stop the new sections of border wall that President Trump authorized through executive action. Listen now!
Versus Trump: Can You Hear The Whistle Blowing?
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!
Versus Trump: Method or Manner?
On this week’s Versus Trump, Easha and Charlie discuss the Trump Administration’s efforts to resume federal executions after a decade-and-a-half hiatus. Listen now!
Versus Trump: The First Shoe (with guest David Sklansky)
On this week’s episode of Versus Trump, Jason, Charlie, and special guest David Sklansky discuss the first shoe to drop from the Mueller investigation: the indictment of Paul Manafort and Rick Gates, and the guilty plea of George Papadopoulos. Listen now!
Versus Trump: Texas & Trump Versus The ACA
This week, Jason, Charlie, and Easha are back with a regular episode to discuss a stunning recent development in Texas v. United States, a case by Texas seeking to invalidate the Affordable Care Act (Obamacare). Last month, the Trump Administration not only agreed with Texas that the individual mandate is unconstitutional, but it also told the district court that the requirement to cover everyone with a pre-existing condition on the same terms as healthy folks should be struck down as well. Listen now!
Versus Trump: Versus DeVos (Re-Air)
On this week’s episode of Versus Trump, as summer ends and a new school begins, we re-air Jason's interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. We'll be back soon with new episodes.
President Trump Shouldn't Be Impeached If He Hasn't Committed a Crime
It would be a grave mistake to call for President Trump's impeachment if he hasn't committed a crime. In an era of tit-for-tat partisanship, lowering the impeachment standard to “anything Congress thinks is wrong” is a recipe for dysfunctional government, one in which the House of one party could perpetually threaten to impeach the White House of another.
Against Type Briefs
Filing an amicus brief joined by Republicans critical of the Trump Administration and with some claim of expert knowledge made by these Republicans related to the constitutional issues can be a powerful tactic to use in courts.
Versus Trump: The View From 10,000 Feet (Joshua Matz Speech)
On a new episode of Versus Trump, we bring you a podcast version of the speech that Take Care publisher Joshua Matz gave at Harvard Law School on April 3, 2018. The talk, titled "The Legal Resistance to Trump," describes themes, achievements, and limitations of various lawsuits challenging the Trump Administration and its policies. Listen now!
Versus Trump: Voting Wars and Justice Scalia, with Rick Hasen
On a new episode of Versus Trump, Jason talks to Rick Hasen, a leading election law scholar and purveyor of the Election Law Blog, about what's going on at the voting booth, possible campaign finance law violations by both Trump and Clinton in the 2016 cycle, and Justice Scalia, who is the subject of Rick's new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption. Listen now!
Versus Trump: Versus Whitaker (JH solo)
On this week's episode of Versus Trump, Jason has a solo episode where he talks about a motion by Maryland contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!
Versus Trump: The Shutdown Special
On this week's episode of Versus Trump, Charlie, Jason, and Easha bring you a shutdown special, where they talk about the President's emergency powers as well as a lawsuit contending the government is violating federal labor law by not paying workers on time. Listen now!
Versus Trump: Trump Versus Trump's Banks
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!
Versus Trump: Ask Charlie About The Census
On this week's episode of Versus Trump, Jason asks Charlie to take us through the mammothly long, massively important opinion from the Southern District of New York invalidating the proposed citizenship question on the 2020 Census. Listen now!
An Update on DACA
The President's words indicate he is open to honoring DACA (the Deferred Action for Childhood Arrivals program). But his actions (and inactions) suggest otherwise.
Discretion and the Impeachment Power
There are many ways in which this presidency is unlike so many that preceded it—and those differences are relevant to decisions about impeachment
Versus Trump: 2017 Scorecard
On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!
Trump and the Decline of the American Middle
Do our constitutional arrangements predict just the kind of political failure that materialized in November 2016? If so, does that mean that the long-term remedy for that failure lies in constitutional reform? Does our constitutional fate determine our political fate?
As long as the Deputy Attorney General is writing memos making recommendations to the President, it is time to make a recommendation for the appointment of a special counsel.
Yes, Hope is a Sufficient Basis for Obstruction of Justice
I reviewed all federal circuit courts of appeals cases, federal district court cases, and state supreme court cases for obstruction of justice cases involving a defendant’s use of language similar to “I hope” or “I’m hoping.” The results are in line with what we would expect if “hope” verbiage is uncontroversially and generally understood as implying direction.
Nunes Recuses. Sort Of. Now What?
Chairman of the House Permanent Select Committee on Intelligence Devin Nunes will step aside from the committee’s Russia investigation. Sort of. What does this mean -- and what comes next?
Inside the Doomed Union Refund Lawsuits, Part II
Shortly after I posted my initial take on the headline-grabbing set of class action lawsuits seeking millions of dollars in refunds from public sector unions after Janus, two interesting things happened.
How To Decide A Very Close Election For Presidential Electors: Part 1
Could a partial result from the very first contested presidential election provide us a path to handling a close election in 2020? Probably not—but the lessons from 1796 are revealing. This is Part 1 in a multi-part series that will help understand how close elections for presidential elector have been decided, good or bad, and how they should be decided this year.
Versus Trump: The Contraception Mandate Challenges
On this week’s episode of Versus Trump, Easha and Jason discuss the Administration's drastic expansion of the number of companies that may now offer health insurance that does not cover birth control, as well as several lawsuits that were immediately filed challenging these new regulations. Listen now!
Versus Trump: Bet You Can't Untie This Knot
This week on Versus Trump, Jason, Charlie, and Easha discuss a decision undoing the Trump Administration's new rules that would ban much online gambling. The opinion also leads them into a discussion of the powers of district judges, the Office of Legal Counsel, the Attorney General, and more. Listen now!
Versus Trump: Mueller-ing Things Over
The Mueller Report is kinda, sorta here, so, on this week's episode of Versus Trump, Charlie and Jason analyze the Barr summary and then dive into the legal troubles of famous Trump antagonist Michael Avenatti. Listen now!
Versus Trump: Can Trump Steal The Election?
On this week’s Versus Trump, Jason and Charlie discuss whether Trump can really "steal" the election, as some have started to worry about. They discuss Jason's piece here on the topic. Plus, they say goodbye to Justice Ginsburg. Listen now!
Versus Trump: Enforce Your Own Subpoena!
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!
Versus Trump: On Flynn, Bolton, and Mary Trump
On this week’s Versus Trump, Jason and Charlie discuss the D.C. Circuit's extraordinary intervention in the Michael Flynn case, and then move on to two lawsuits seeking to block publication of books: John Bolton's and Mary Trump's. Listen now!
Versus Trump: What's Left Of Asylum Law?
On this week's episode of Versus Trump, Charlie and Jason discuss the Supreme Court's recent action permitting the Trump Administration to enforce tough new restrictions on asylum eligibility for those who enter the U.S. at the southern border. Listen now!
Versus Trump: The Fiduciary Rule Comes And Goes
On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss the Fifth Circuit's recent decision striking down the so-called "Fiduciary Rule" that would have required those who sell retirement investment products in 401(k) plans to act in the best interests of their clients. Listen now!
States And The Emoluments Clause
In a new lawsuit, Maryland and D.C. allege that the President's violations of the Emoluments Clauses harm their sovereign, quasi-sovereign, and proprietary interests. Those interests get special solicitude in federal court.
Versus Trump: Pardon Our Tone
On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon. Listen now!
What Happens Next for the ACA?
President Trump has said that “the best thing we can do politically speaking is let Obamacare explode,” and there’s a lot he can do to make that explosion a reality. Here is what you need to know about what might come next.
Controlling Our Losses
While bleak, planning to lose is not about conceding defeat. It’s about laying the groundwork for a brighter future and avoiding precedential barriers to that future.
Versus Trump: Trump vs. The Equal Rights Amendment
On this week’s Versus Trump, Jason, Easha, and Charlie discuss the Trump Administration's new legal opinion regarding the legal status of the Equal Rights Amendment, also known as the ERA. They consider what will happen now that Virginia has become the 38th state to ratify the ERA since 1972. Is it too late, or can Congress do anything to add this amendment to the Constitution? Listen now!
Versus Trump: It's Here!
This week on Versus Trump, Charlie, and Easha discuss the long-awaited Mueller Report. They break down the report step-by-step, discuss the legal issues it raises, and have an all-around good time while they're at it. Listen now!
Versus Trump: Vs. The Inaugural Committee, Plus Bolton Update
On this week’s Versus Trump, Charlie and Jason look at a new lawsuit by D.C. claiming that Trump's inaugural committee overpaid for space at the Trump Hotel and thus "wasted" at least $1 million in charitable funds. Spoiler alert: the lawsuit seems convincing. Listen now!
Trump and Text: An Open Relationship
President Trump claims he is appointing federal judges who will stick strictly to constitutional text. But he has shown few qualms about ignoring parts of the Constitution he finds inconvenient.
Animus, Past and Present
In a new op-ed, Erwin Chemerinsky and I argue that the entry ban is unconstitutional because it was driven by animus toward Muslims.
Versus Trump: Versus Kobach
On this week’s episode of Versus Trump, we discuss the litigation against the newly-created Presidential Advisory Commission on Election Integrity, that has Kansas Secretary of State—and repeat defendant in voting rights litigation—Kris Kobach as its now-infamous Vice Chair. Listen now!
Trump’s Advisors Need to Step Up, Or Step Out
Astounding revelations have erased any reasonable doubt that the President’s shortcomings endanger global security. The time has come to focus on Executive Branch officials who have a duty to guide and, if necessary, constrain Trump. They need to step up, or step out.
Legitimacy and the Supreme Court
It is illegitimate to consider legitimacy. So say many conservatives who seem terrified that Chief Justice John G. Roberts Jr. might care about public perception of the U.S. Supreme Court. But they are wrong.
Versus Trump: Manafort Sues, and Trump Threatens
On a new episode of Versus Trump, Jason, Easha, and Charlie tackle an unexpected new lawsuit against the Trump Administration by, of all people, Paul Manafort. And they discuss the President's threats to sue the publisher of Fire and Fury for defamation. Listen now!
Versus Trump: Versus David Dennison
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. Listen now!
Versus Trump: What Will Happen To Michael Flynn?
On this week’s Versus Trump, Jason and Charlie discuss the extraordinary motion to dismiss Michael Flynn's criminal case. Does the DOJ's logic make sense? And what can Judge Sullivan do if he chooses not to dismiss the case? Listen now!
Why Trump’s Firing of Comey is Terrifying
Our country has a very strong, very important norm of apolitical law enforcement. But this norm, ironically, is enforced mostly by politics, not law—and Trump’s action has risked doing it irreparable damage. Going forward, here's what to watch at the state and federal levels.
Versus Trump: Trump The Racketeer?
On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit alleging that Trump and his children were part of a racketeering enterprise that engaged in fraud in connection with their supposed endorsement of a multi-level marketing operation. Listen now!
Versus Trump: Trump vs. The CFPB
On this week’s episode of Versus Trump, Jason and Charlie talk about the Trump Administration's position in a lawsuit contending that the structure of the Consumer Financial Protection Bureau—commonly known as the CFPB—is unconstitutional, because its sole director does not serve at the pleasure of the President but instead serves a set term and can be terminated only for-cause. Listen now!
Are We All Textualists Now?
Trump's executive order closing the government today out of respect to George H.W. Bush violates the plain text of a federal statute. If we really were all textualists now, that would be taken seriously.
Versus Trump: [This Episode Blocked]
On this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. Listen now!
Versus Trump: Trump Versus California
On a new episode of Versus Trump, Easha, Charlie, and Jason discuss the Trump Administration's lawsuit against California. The lawsuit seeks to prevent the state from enforcing three new state laws that the federal government says will undermine enforcement of immigration law. Listen now!
Versus Trump: Trump Versus ALJs?
On this week's episode of Versus Trump, Jason and Easha discuss a new executive order and accompanying guidance by the Trump Administration that dramatically change the rules for hiring Administrative Law Judges (ALJs) across the entire federal government. Listen now!
Judicial Deference to President Trump
It is time to ask: Has Trump in effect forfeited some measure of judicial deference across contexts and cases, through his disrespect for the courts and the rule of law and his displays of prejudice and arbitrary decisionmaking? And if he has not yet reached that point, what more would it take?
Versus Trump: Russia Check-In
On a new episode of Versus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. Listen now!
Versus Trump: Legal Challenges, Plus The Post Office Case
On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.
Versus Trump: The Past And Future Of Gerrymandering
This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!
Versus Trump: Is There A Freedom To Say Goodbye?
On a new episode of Versus Trump, Charlie and Jason discuss an unexpected recent opinion that held that Ravi Ragbir, an immigration activist and alien subject to deportation, had the "freedom to say goodbye" before he could be removed from this country. Listen now!
Versus Trump: Versus The Post Office
On this week’s Versus Trump, Jason and Charlie are joined by Matthew Seligman of Public Citizen to discuss several lawsuits—including one in which he is counsel, NAACP v. USPS—where plaintiffs have challenged the cuts by the postal service that may slow down election mail. Listen now!
Versus Trump: Blurring Public and Private Conduct
On this week’s Versus Trump, Jason and Charlie discuss two new legal filings by the Trump DOJ that blur the line between the President as government official and the President as private citizen. In the first case, the government argues that the President's twitter feed is not an official public forum, so he can block people with whom he disagrees. In the second, the government argues that the President's denials that he sexually assaulted E. Jean Carroll were made in his official capacity as President. Listen now!
Versus Trump: Versus Whitaker, In-Depth
On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!
Ten Questions for a New FBI Director
By Allison Murphy: Given President Trump’s documented and acknowledged efforts to interfere with the independence of the FBI, the Senate should presume that could continue under a new FBI Director. It is therefore incumbent upon Senators to ensure that any Trump nominee for FBI Director commits to certain baseline aspects of independence and impartiality before any new nominee is confirmed. Here are 10 questions that require answers.
An Airtight Opinion on Fugitive Emissions
A recent D.C. Circuit opinion vindicates the principle that while agencies may have discretion over how laws are enforced, they cannot use that enforcement discretion to cancel legal obligations altogether.
Versus Trump: Watch Out, Watch List
On this week's episode of Versus Trump, Charlie and guest-host Alexandra Brodsky discuss a recent opinion invalidating the FBI's terrorism watch-list. They discuss the implications of the opinion for the Trump administration (and beyond), the merits (and demerits) of the court's reasoning, and all sorts of other cool stuff, including how annoying it is when people think they're important enough to be spied on by the FBI. Listen now!
Versus Trump: Huawei (or China??) Versus Trump
On this week's episode of Versus Trump, Charlie, Easha, and Jason discuss a new lawsuit by Huawei against various Trump Administration officials, plus they delve into international extradition law and look at the case of the company's detained CFO. Listen now!
Versus Trump: Was Impeachment Good or Bad?
On this week’s Versus Trump, Charlie and Jason discuss Jason's ongoing essays for the Take Care blog about whether impeachment was good or bad, net-positive or net-negative. This leads them to discuss whether the Democrats should have more aggressively pursued witnesses and whether this whole proceeding did much to vindicate the rule of law. Listen now!
The Audacity of The President’s "Hope"
Senator Risch asked Jim Comey whether a person has been charged for obstruction of justice or any other criminal offense, where they said or thought they hoped for an outcome. We hope he finds our research instructive.
Versus Trump: Updates, Y'all!
You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!
Can the President Pardon Himself? Well, He Can Try.
By Brian Kalt: Presidential pardons are an important part of our constitutional system of powers, checks, and balances. A self-pardon would test several others parts of that system. As interesting as that might be, here’s hoping that it never happens.
How Does The House Decide To Sue?
Since 2015, lawsuits by the House of Representatives have been authorized not by a vote of the full House but by majority of a standing, 5-member committee. Is this structure constitutional?
When Free Speech Suits the President
A federal judge has refused to dismiss a suit alleging that President Trump incited violence against protesters at one of his campaign rallies last year. The bitter irony to Trump's defense is that it seeks to expand free speech rules; usually, he prefers to trash them.
Versus Trump: Trump vs. The Mainstream Media
On this week’s Versus Trump, Jason and Charlie discuss cases by the Trump campaign against the New York Times, CNN, and the Washington Post accusing each of these media organizations with defamation (sometimes also called libel). They have a bit of a laugh in explaining why the suits are frivolous, discuss whether the complaints are sanctionable, and debate whether the cases will have a major intimidating effect. Listen now!
Versus Trump: An Immigration Omnibus
On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss recent important cases in the world of immigration, including a new lawsuit contending that the Trump Administration may not pursue its apparent policy of legally separating immigrant children from adults that they enter the country with. Listen now!
Versus Trump: An Impeachment Primer...
Gotcha! No impeachment dessert until you eat your immigration broccoli. On this week’s Versus Trump, Easha (back from parental leave!) and Charlie (just starting parental leave) discuss two immigration losses for the Trump administration. The first concerns Trump’s attempts to roll back court-ordered protections for migrant children; the second, Trump’s attempt to subject more immigrants to expedited removal. Listen now!
Versus Trump: What Is Bribery?
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!
Versus Trump: The Senate As Impeachment Court
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!
Versus Trump: Versus Mueller
After two special interview episodes of Versus Trump, Jason and Charlie get back to the usual format and talk about the leaked Dowd memo arguing that President should not be required to sit for an interview with the Special Counsel. Listen now!
Versus Trump: Trump Loses On Family Planning, Wins In The Ninth, and More
This week on Versus Trump, Jason and Easha go through a few updates to cases involving Title X, which provides money for family planning; the Administration's policy to have many asylum applicants removed to Mexico; and the controversial border wall. Trump lost one, won one—for now, and hasn't yet gotten a decision in the third. Listen now!
Treason and Cyberwarfare
By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.
Versus Trump: A Two-Level Versus Trump Case
On this week's episode of Versus Trump, Jason and Charlie talk about a case that fits our podcast on two levels: it's a lawsuit against the Trump Administration about grand jury secrecy, and any decision could impact the Mueller investigation, which is the biggest Versus Trump case of them all. Listen now!
Was Impeachment Good Or Bad? The Conclusion
Last week, I took both sides of a series of important, related question: was Trump’s impeachment a good thing for democracy? The rule of law? For Democrats? Now I have to render a verdict. Which one was it?
Prosecuting the President
Why have presidents appointed special counsels when they are not required to do so? Why do presidents tolerate special counsels, even when they can fire them?
Why Trump's Motives Do (And Don't) Matter — The Comey/Flynn Incident
While inquiries into motive need not control legal analysis of Trump's recent conduct, such questions will inevitably shape public (and legal) understanding in profound ways. Sadly, that means we're all about to voyage still deeper into Trump's psyche. This may be a path to madness, but there is no other way forward.
Versus Trump: (Judicial) Independence Day Spectacular!
On this week’s episode of Versus Trump, we celebrate Independence Day with a look at the past, present, and future of judicial independence. Jason and Easha discuss the origins of judicial power, and then talk about what the Trump Administration has done that may undermine the authority of the judiciary—and where that kind of talk might lead us. Listen now!
Versus Trump: 100!
On this week's 100th episode of Versus Trump, Charlie, Easha, and Jason offer a few quick hits and then have a discussion about the effect of litigation against the President personally and against the Administration. Listen now!
Versus Trump: The Collusion Lawsuit
On this week’s episode of Versus Trump, Charlie and Easha discuss a newly-filed lawsuit brought by private plaintiffs who allege that Trump's campaign and Trump advisor Roger Stone conspired with Russians to disclose private information about the plaintiffs. Listen now!
Announcing Take Care
Take Care is a new collaborative blog that will provide insightful, accessible, and timely analysis of whether the President is adhering to legal limits on his authority.
Versus Trump: Secret Subpoenas, A New AG, and Live Listener Feedback
On this week's episode of Versus Trump, Charlie, Jason, and Easha hit three topics: the mysterious case of the subpoena to a foreign corporation that may be related to the Mueller investigation; the nomination of William Barr as Attorney General; and the temporal nature of an emergency, as prompted by live listener feedback. Listen now!
Pence and Obstruction of Justice
Exploring Vice President Pence’s potential criminal jeopardy for conspiring to obstruct justice, aiding the obstruction of justice, and 'misprision of a felony' in concealing the obstruction of justice.
Versus Trump: "What About Congress? + Steven Wu"
On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss Congress's role and powers in investigations of the Executive. Then, Jason talks with Steven Wu, a Deputy Solicitor General in the Office of New York Attorney General Eric Schneiderman, about the case against Trump University, the active role of states in recent years, and other issues in which New York is adverse to the President. Listen now!
Versus Trump: Listener Mailbag
This week on Versus Trump, Jason and Charlie answer listener mail and talk about nationwide injunctions at Gregory's request; talk more about court packing at the request of Micah; and respond to Ben's thoughts on subpoena enforcement. Listen now!
Versus Trump: Trump Versus Mail Voting
On this week’s Versus Trump, Jason and Charlie discuss voting by mail in the pandemic. Have courts allowed the rules to be changed, either in responses to suits there should be more voting by mail—or less? Listen now!
Versus Trump: How Do We Protect Our Democracy?
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!
Trump, Trust, and the 25th Amendment
Imagine that the President lacked credibility entirely, whether because he was a pathological liar or because his lying was – hypothetically speaking – one symptom of a narcissistic personality disorder. Would there be anything the American people or government officials should or could do about it, short of waiting until the end of the President’s term.
Versus Trump: #MeToo vs. Trump
On this week’s episode of Versus Trump, Charlie, Jason, and Easha talk about a defamation lawsuit brought by Summer Zervos, a woman who alleges that she was sexually assaulted by President Trump in a hotel room in 2007. Listen now!
Versus Trump: Who Are Presidential Electors?
On this week’s Versus Trump, Charlie and Easha take a deep dive into two recently granted Supreme Court cases that go to the heart of the systems that we use to elect the President. The discussion takes us deep into questions of political accountability, free choice, and constitutional history. A classic Versus Trump cat's-away-mice-will-play episode chock full of fun analysis of, among other things, Jason's work. Listen now! (I mean right now.)
Versus Trump: Are Tax Returns Coming Soon?
On this week’s Versus Trump, Jason and Charlie discuss the Supreme Court's pair of decisions governing Trump's tax returns. Are they coming soon? Did the Democrats make a mistake in not being more aggressive in invoking the impeachment power? Listen now!
Versus Trump: Movin' Right Along
On a new episode of Versus Trump, Jason and Charlie revisit two lawsuits in which the Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen. Listen now!
The DACA Trap
The Supreme Court will hear arguments next week in a case about whether the Trump Administration can revoke DACA. But progressives ought to be wary of the long-term effects of prevailing. A win here could very well make it very hard to undo the lax enforcement policies of the current Administration.
Why Hasn’t Rod Rosenstein Recused Himself From the Russiagate Probe?
Deputy Attorney General Rod Rosenstein should recuse himself from the probe into the Trump campaign’s ties to Russia and the President’s apparent attempt to obstruct the FBI’s inquiry. Rosenstein himself played a key role in the events at the center of the controversy, and his continued involvement casts a shadow over the ongoing investigation.
Pardon But Don’t Forget
DOJ supports Arpaio's request that Judge Susan Bolton vacate his criminal contempt conviction. But she could instead simply dismiss the case and let the contempt ruling linger.
Versus Trump: The Coming Exec Privilege Showdown
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!
Versus Trump: Sanctions Versus DeVos!
On this week’s special edition of Uncle Charlie's Sanctions Corner–wait, we mean Versus Trump—Jason, Charlie, and Easha bring on Eileen Connor of the Project on Predatory Student to discuss a major opinion issuing sanctions against the Department of Education. Listen now!
Insubordination and Impeachment
The widespread executive branch practice of ignoring Trump's statements—or treating them as merely advisory—has saved him from potentially dire political consequences
Versus Trump: Amazon vs. Trump
On this week’s Versus Trump, Jason, Easha, and Charlie consider a new lawsuit by Amazon, in which the company claims that it was illegally denied a $10 billion Pentagon contract because of President Trump's stated dislike of Amazon founder Jeff Bezos. And the return briefly to the question of Bolton's potential testimony at the Senate impeachment trial. Listen now!
How Might Congress Reinforce NATO?
President Trump's overseas trip has cast doubt on longstanding consensus features of U.S. foreign policy, particularly our commitment to NATO. Here are some ways Congress might respond.
Impeachment as Punishment
There is an important connection between impeachment and criminal law. Not in technical or legalistic doctrinal nuances, but rather in the core purposes underlying these two domains.
Remedial Convergence and Collapse
The Supreme Court's recent summary reversal in Kisela v. Hughes demonstrates some serious issues with the Court's approach to remedies in cases of executive violations of constitutional rights.
Russia and 'Enemies' under the Treason Clause
By Carlton Larson: If we use “treason” in a loose, rhetorical sense, it is plausible to claim that Trump, Jr., Kushner, Manafort and others committed treason by knowingly meeting with a Russian operative for the purpose of obtaining dirt on Hillary Clinton. But the argument fails as a legal matter.
Remarks at the Boston March for Truth
"Whether the structural safeguards the Framers inscribed in the Constitution are up to the task of constraining Trump’s authoritarian tendencies are anybody’s guess. In the end, only the force of public opinion, especially as expressed in elections, can save American democracy."
Versus Trump: The Unique Manafort Plea
On this week's episode of Versus Trump, Jason and Charlie talk about pardons, Double Jeopardy, forfeiture, and the Manafort guilty plea. They also weigh in on the Kavanaugh developments and what would happen if Rosenstein were fired. Listen now!
What If There’s a Fake Tape?
Many are speculating about whether President Trump recorded his conversations with fired FBI Director Jim Comey, and Wikileaks has even offered a reward for any Trump-Comey recordings. But new technology allows creation of fake recordings with real people's voices. Now is a good time to start thinking about this technology's implications for our democracy and legal system.
The Writing Is on the Wall for Obamacare
With the Trump administration's support, the Fifth Circuit ruled yesterday that the health-care law contains a constitutional flaw—and that most or all of the law may have to be scrapped.
Versus Trump: Versus The Trump Foundation
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. Listen now!
Dark Money and Judicial Nominations Under Trump (And Beyond)
Our treasure of an independent judiciary is built upon an assumption of independence, of transparency about influence and potential conflicts, and accountability to the democratic process. When massive amounts of dark corporate money can affect those political processes, we are in grave danger of damaging that national treasure.
Versus Trump: Healthcare Update (With Guest Greer Donley)
This week on Versus Trump, Jason and Charlie talk with special guest Greer Donley, a law professor at University of Pittsburgh School of Law, to talk about the latest developments in litigation related to Obamacare, including the stunning DOJ reversal in Texas, and recent decisions prohibiting states from adding work requirements to Medicaid. Listen now!
Presidential Bad Faith
If the President cannot be trusted to “take Care that the Laws be faithfully executed,” then that obligation falls on “We the People."
Versus Trump Podcast: Prosecuting Trump FAQ + James Williams
On today's two-part episode of Versus Trump, Take Care's podcast, we answer three burning questions related to whether the sitting President can face criminal charges, and how that prosecution could be started. We also have an interview with James Williams, the County Counsel for Santa Clara County, where he discusses his County's lawsuit against Trump Administration that has so far successfully prevented the Trump Administration from enforcing an executive order that would have withdrawn federal funding from so-called sanctuary cities.