Season 4, Episode 17 (Show 174): Don’t Touch but Do Convict

April 24, 2024

The Court is primed for oral argument in the Trump immunity case.  We therefore complete our framework which enables examination of such questions.

CLE Credit Available for this episode from podcast.njsba.com.

As we close in on oral argument in the Trump v. United States case wherein Trump asserts some sort of permanent presidential immunity, we close out our preparatory analysis.  Impeachment’s relationship to criminal prosecution is explored.  Some founding-era conversations involving, for example, John Adams, inform our discussion.  Does the concept of double jeopardy play a role? Our hope is that these episodes prepare you for the oral argument with a comprehensive theory of how no one is held above the law even as a powerful executive sits high in We the People’s government.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.

Click to go to the website for CLE credit

Bringing Justice to Clinton - The New York Times

Professor Amar writes in the New York Times in 2000 as President Clinton, about to be former President Clinton, faced possible criminal indictment after his impeachment acquittal.

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Double Jeopardy Law Made Simple - The Yale Law Journal

Professor Amar writes in the Yale Law Journal with a thorough (if “simple”) examination of double jeopardy law, providing a framework which can readily be applied beyond the cases at the time – including to the current would-be immunity case.

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