Season 3, Episode 34 (Show 138): This Must Be The Place

August 16, 2023

There are lots of Democrats in Washington DC.  Is that a reason for a judge to grant a motion from ex-president Trump to move the trial away?  Professor Amar has written on this subject, and shares his insights.  Hint: Trump won’t like it.

Ex-President Trump faces a number of trials, and he doesn’t like where some of them are.  Too many Democrats, or he doesn’t like the judge.  Does he have recourse?  No surprise – Professor Amar has written on this subject.  There is a fascinating history behind it, an originalism analysis, and, most importantly – an answer.  Changes of venue, bench trials, peremptory challenges, unanimous verdicts – they all find their way into this episode.

Show Notes:

A Tale of Two Cities - Akhil Reed Amar

Professor Amar writes in The Constitution Today of the issues of venue raised in New York’s notorious Diallo case, as well as a famous Founding-era event of great importance.  The parallels and relevance to today are uncanny.

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The Sweep and Force of Section Three - Paulsen and Baude

Professors Michael Stokes Paulsen and William Baude’s forthcoming article on Section 3 of the Fourteenth Amendment, which will appear in the University of Pennsylvania Law Review, is now available on SSRN.  Of course, we discussed in our podcast last week, and then later it made quite a splash in the national media.  We upload it here for your convenience and interest.

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