Season 3, Episode 16 (Show 120): Doubting Thomas, and doubting the doubters
April 12, 2023
Here come the judges, and the justice. Controversies left and right, from Wisconsin to Texas to Washington DC. We sort it out.
Judges are in the news – all over it, in fact. Donald Trump, arrested and charged, attacks the judge in his case, and the judge is under a microscope. Deserved? Meanwhile, a judge is elected in Wisconsin. Many say this is the result of actions other judges took in Washington last year, and judges in Wisconsin react – and find themselves under scrutiny, too. Most prominently of all, a Supreme Court Justice’s lifestyle collides with disclosure requirements, drawing fire. How can citizens view these controversies in a reasonably objective light, and what are the standards? We take a shot at it.
Show Notes:
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:
Season 3, Episode 14 (Show 118): Much to Bragg About?
March 29, 2023
As we await action or inaction from the Trump Hush Money Grand Jury, DA Bragg has received a subpoena from the House. We look at the issues while we wait for the facts to develop.
The Grand Jury continues its work in New York, as a possible indictment of an ex-president and declared candidate for president awaits his fate. Meanwhile, investigations and more grand jury proceedings continue in Georgia and Washington on other weighty matters. And the political establishment is worried, so the House Republicans have upped in with a subpoena of the New York City District Attorney, even as he conducts his grand jury investigation. We don’t want to jump the gun on the virtues and facts surrounding any actual indictment, so instead we look at the many constitutional matters implicated here: grand juries themselves, secrecy in general, congressional oversight and its limits, campaign finance, “hush money.” Lots to talk about.
Show Notes:
Season 3, Episode 13 (Show 117): It’s Coming
March 22, 2023
We await possible indictments of an ex-President, and rather than deprive our audience in the meantime, we take on a big question and inform you on a big opportunity.
The Mayor of New York City, Eric Adams, delivered a controversial speech at an interfaith breakfast, raising issues of church/state separation, gun control, and the role of religion in governance. Akhil uses the opportunity for some comparative constitutional analysis, and we look at the worldwide continuum of separationist approaches. The mayor is quite provocative on school prayer and quite confusing on guns, and we take that up as well. Meanwhile, we take a question on the judiciary in a far away and yet not so far away land.
Show Notes:
Season 3, Episode 12 (Show 116): The Lord Mayor Adams
March 15, 2023
New York’s Mayor Adams is in the news with some pointed comments on religion, guns, separation, and his godlike nature. We analyze, and take a provocative question while we’re at it.
The Mayor of New York City, Eric Adams, delivered a controversial speech at an interfaith breakfast, raising issues of church/state separation, gun control, and the role of religion in governance. Akhil uses the opportunity for some comparative constitutional analysis, and we look at the worldwide continuum of separationist approaches. The mayor is quite provocative on school prayer and quite confusing on guns, and we take that up as well. Meanwhile, we take a question on the judiciary in a far away and yet not so far away land.
Show Notes:
President Clinton and his portrait
Season 3, Episode 11 (Show 115): Sing a Song (of) Mike Pence
March 8, 2023
Subpeonas are in the air, and former VP Mike Pence has declared his intention to fight his. Where might such immunity come from? Meanwhile, states challenge President Biden’s student debt actions, raising more issues for us.
Former Vice President Mike Pence has received subpoenas from Special Counsel Jack Smith. Pence claims that he has grounds to challenge this subpoena; he locates this in the so-called “speech and debate” clause, and some claim that executive privilege is relevant as well. We examine these clauses and doctrines deeply and offer our own conclusions on this issue. Speaking of doctrines, the Supreme Court has brought the “major questions” doctrine out once again in the student debt case, and we look at that. We also take a deeper dive on questions of standing – how do states have the ability to appear in court challenging this presidential action? It may not surprise you to hear that Akhil wrote a relevant article, over 30 years ago.