Season 3, Episode 15 (Show 119): Discretion and Indictment

April 5, 2023

A former President of the United States has been arrested and arraigned; charged with felonies.  How does one make the decision to pursue such a course?  We review the many factors and survey the unique legal landscape.

The people of the State of New York have voted in Grand Jury to charge former President Trump with felony counts.  He stands arrested and arraigned.  If you were the District Attorney of New York City, and you had to make the decision whether to pursue this prosecution to this point, what factors should you have considered?  What obligations do you have to the citizens of New York in this matter?  What is your discretion?  Do you agree with DA Bragg’s decision?  Professor Amar will provide you with the background you need to approach these questions and make up your own mind.

Show Notes:

Bringing Justice to Clinton - The NY Times

Professor Amar writes in the New York Times when President Clinton faced the possibility of charges from a special prosecutor.  In addition to the legal analysis and relevance to recent events, the last line of this op-ed, seemingly of little import, is the subject of an entertaining story in this week’s podcast.

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