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LRC Presents: All the President's Lawyers

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LRC Presents: All the President's Lawyers

LRC Presents: All the President's Lawyers

KCRW

130
Followers
1.4K
Plays
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About Us

There are so many lawyers, so many lawsuits and so much legal news surrounding President Trump that we decided to call our own lawyer to catch you up. 

Latest Episodes

Tuesday’s other sh*t show

Long-suffering federal judge Emmet Sullivan finally got to hold that hearing about whether he should grant the Justice Department’s request to dismiss the false statements charge to which former national security adviser Michael Flynn had already pleaded guilty. Both the government and Flynn argued for dismissal, so Sullivan appointed a retired judge to make the case no one was making any longer: that he should not dismiss the charge. So how did that go? Well, it was a little dramatic. Flynn’s lawyer clashed directly with the judge, accusing him of bias, and there were some other shocking moments too. Then: the New York Times obtained extensive tax information about Donald Trump and his businesses. The major findings — that the president paid little to no income tax at all for more than 15 years — are obviously politically embarrassing, but does this give us reason to suspect he has committed tax crimes, or that he should worry about being investigated for tax crimes? Plus: Eric Trump’s upcoming deposition, Brad Parscale detained, Mary Trump’s new lawsuit, and Jacob Wohl (again).

33 min4 h ago
Comments
Tuesday’s other sh*t show

Fraud Guarantee

Manhattan District Attorney Cy Vance continues to push for financial records from President Trump’s businesses, and he’s filed a brief with the court of appeals ahead of oral arguments that says the records could “establish New York crimes such as Scheme to Defraud , Falsification of Business Records, Insurance Fraud, and Criminal Tax Fraud, among others.”Should we expect that the grand jury is looking into exactly those things? Not necessarily. It’s more speculative than specific, Ken says, and it’s routine for prosecutors to start in one place and wind up in another. Vance’s brief also says that Trump’s legal team is still trying to make the same I’m-the-president-so-treat-me-differently argument that the Supreme Court said wasn’t valid. Then: Lev Parnas has been indicted on another charge: conspiracy to commit wire fraud. Parnas and an associate allegedly got seven people to invest in a company called Fraud Guarantee that was supposed to offer insurance against losses f...

33 min1 w ago
Comments
Fraud Guarantee

‘A corrupt and politically motivated favor’

Long-suffering federal judge Emmet Sullivan is still presiding over the Michael Flynn case, which isn’t yet dismissed. The DC Circuit declined to force him to promptly dismiss the case and is allowing him to hear arguments about whether he should do so, and retired judge John Gleeson has filed his friend of the court brief arguing that Judge Sullivan should deny the Justice Department’s motion — unopposed by the defendant — to dismiss the false statements charge to which he had already pleaded guilty. Gleeson made a very persuasive argument, but Ken still thinks it’s a problem for a judge, who is supposed to be a neutral party, to push prosecution forward against the executive’s wishes. Part of Gleeson’s argument in the brief is this: “There is clear evidence that this motion reflects a corrupt and politically motivated favor unworthy of our justice system. In the face of all this, the Government makes little effort to refute (or even address) the evidence exposing its abuse...

31 min2 w ago
Comments
‘A corrupt and politically motivated favor’

Was President Trump on the job when he called E. Jean Carroll a liar?

The Justice Department has filed a motion to take over the defense of E. Jean Carroll’s defamation lawsuit against President Trump. Carroll, a longtime advice columnist, alleged the president raped her at a department store in 1995 or 1996. The president said her claim was false and that she was “not [his] type.” She sued him for defamation on the grounds that he was falsely accusing her of being a liar. The case has been kicking around in a New York state court, which had recently ruled the case could proceed to discovery. But not the Department of Justice says it will take over Trump’s defense and move the case to federal court. How are they able to do that? Will a judge grant that, agreeing that Trump was speaking in his official capacity as president when he called Carroll a liar? If that happens, how does this change the outlook for Carroll’s claim? Spoiler: it’s not good — you can’t sue the federal government for defamation, so if this move goes forward, the case is ov...

35 min3 w ago
Comments
Was President Trump on the job when he called E. Jean Carroll a liar?

Did Antifa and BLM do the RICO?

Chad Wolf, the acting head of the Department of Homeland Security, appeared Monday on Tucker Carlson Tonight, and Carlson asked why the heads of Antifa and Black Lives Matter hadn’t been charged under, for example, the Racketeer Influenced and Corrupt Organizations Act for what Carlson alleged was their responsibility for riots in Kenosha, Wisconsin, and elsewhere. Wolf replied that the Department of Justice was looking into it. Ken tells us again (for, like, the millionth time) why it’s not RICO, but there are other statutes under which the Trump administration could seek to bring charges or otherwise harass the leaders of these movements. Speaking of federal investigations, Kentucky Senator Rand Paul wants someone to look into the protesters who surrounded and accosted him and his wife as they left President Trump’s convention speech. What crime does Rand Paul think was committed here? Is there a situation where screaming at someone can cross a legal line? Plus: the latest on t...

30 minSEP 3
Comments
Did Antifa and BLM do the RICO?

Bannon arrested at sea

We’re a few days into the Republican National Convention, and there have already been a number of apparent Hatch Act violations. The Hatch Act isn’t a criminal law — does it actually prevent government employees from engaging in campaign activity while on the job, or is it really just a norm? And isn’t there something kind of weird about barring people who work in politics from doing things that are...political? Steve Bannon was arrested on a boat last week — he and his associates from the “We Build The Wall” project are accused of wire fraud and money laundering. Why did postal inspectors arrest Bannon? What’s special about this scam that makes it a crime? Then: the New York attorney general is investigating whether the Trump Organization misled banks and the government about the value of its assets. We just learned about this because of a legal filing, but the investigation has been going on for over a year. Surprise: the Trump Organization isn’t complying with subpoenas ...

29 minAUG 27
Comments
Bannon arrested at sea

Colloquially collusion

The Senate Intelligence Committee has released its report on Russian interference in the 2016 election. The president says the report is a hoax though his aides also say it confirms what they’ve said all along: that there was no collusion between the Trump campaign and the Russian government to influence the election outcome. As a reminder, “collusion” has no particular legal meaning, but Ken and Josh talk about one key allegation in the report, which is the timing for the release of the hacked DNC emails from Wikileaks. When people around Trump got word the now-famous Access Hollywood tape would be release, Roger Stone directed Jerome Corsi to instruct Julian Assange to have Wikileaks release the emails the Russians hacked from Clinton campaign chairman John Podesta. This calls into question written answers President Trump provided during the Mueller investigation in which he said he didn’t remember discussing any of this with Roger Stone. Did the president make false statement...

32 minAUG 20
Comments
Colloquially collusion

Hot en banc action

On Tuesday, the DC Circuit Court of Appeals held its en banc hearing to reconsider whether Judge Emmet Sullivan should be forced to dismiss the charges against former national security adviser Michael Flynn, who already pleaded guilty and was awaiting sentencing. The hearing was long: four hours, which was a stretch even for a legal nerds, Ken White says. How did it go for Flynn? Also from the DC Circuit in the last week: the court ruled 7-2 that the House of Representatives does have standing to sue to enforce its subpoena for former White House counsel Don McGahn to appear and testify. We’re far from that now, though, and maybe even in weirder territory as a result of the Trump administration probably pushing its argument against complying with subpoenas too far. Attorneys for President Trump said Manhattan District Attorney’s inquiry into the president’s financial records is a fishing expedition and constitutes illegal “harassment.” Is it? They’ve asked for the DA’s office...

34 minAUG 13
Comments
Hot en banc action

The value [of this podcast] is unascertainable.

First, a correction to last week’s show: Ken and Josh talked about Attorney General Bill Barr’s House committee testimony in which he said federal prosecutors had brought charges he didn’t think any current US attorney would bring and that this prosecution was for “some esoteric, made-up crime,” not a “meat and potatoes crime.” Well, we mixed up which prosecution Barr was referring to. Barr was first asked about Roger Stone, but he was referring there to the Michael Flynn prosecution. So, we’ll take that one this week. Was Michael Flynn prosecuted for an esoteric, made-up crime for lying to the FBI about his contact with Russian Ambassador Sergey Kislyak during the transition? Ken White says he would prefer it if charging people for lying to federal investigators wasn’t routine for the Justice Department, but it is. It is very routine, and the Justice Department routinely rejects exactly this argument that Barr made. So, those charges against Michael Flynn — they still hav...

27 minAUG 6
Comments
The value [of this podcast] is unascertainable.

Meat and potatoes

Attorney General Bill Barr testified before the House Judiciary Committee this week and it went, well, basically how you might expect. There was some news: in justifying his intervention in Roger Stone’s sentence, Barr said it was “excessive” for a man of his age (67), and he didn’t think any US attorney in the department today would prosecute the case because it couldn’t be proved beyond a reasonable doubt, and the charges (witness tampering, false statements and obstruction) were “esoteric” and “made-up” crimes, not “meat and potatoes” crimes. Okay, but Roger Stone was tried and convicted by a jury. Ken White says this and other moments of Barr’s testimony were ridiculous, unconvincing, implausible, and not reflective of any past or future Justice Department policy. Michael Cohen is out of prison again. Judge Alvin Hellerstein ordered him released, saying the federal government had retaliated against him for his plan to write a tell-all book about the president. Is it ...

28 minJUL 30
Comments
Meat and potatoes

Latest Episodes

Tuesday’s other sh*t show

Long-suffering federal judge Emmet Sullivan finally got to hold that hearing about whether he should grant the Justice Department’s request to dismiss the false statements charge to which former national security adviser Michael Flynn had already pleaded guilty. Both the government and Flynn argued for dismissal, so Sullivan appointed a retired judge to make the case no one was making any longer: that he should not dismiss the charge. So how did that go? Well, it was a little dramatic. Flynn’s lawyer clashed directly with the judge, accusing him of bias, and there were some other shocking moments too. Then: the New York Times obtained extensive tax information about Donald Trump and his businesses. The major findings — that the president paid little to no income tax at all for more than 15 years — are obviously politically embarrassing, but does this give us reason to suspect he has committed tax crimes, or that he should worry about being investigated for tax crimes? Plus: Eric Trump’s upcoming deposition, Brad Parscale detained, Mary Trump’s new lawsuit, and Jacob Wohl (again).

33 min4 h ago
Comments
Tuesday’s other sh*t show

Fraud Guarantee

Manhattan District Attorney Cy Vance continues to push for financial records from President Trump’s businesses, and he’s filed a brief with the court of appeals ahead of oral arguments that says the records could “establish New York crimes such as Scheme to Defraud , Falsification of Business Records, Insurance Fraud, and Criminal Tax Fraud, among others.”Should we expect that the grand jury is looking into exactly those things? Not necessarily. It’s more speculative than specific, Ken says, and it’s routine for prosecutors to start in one place and wind up in another. Vance’s brief also says that Trump’s legal team is still trying to make the same I’m-the-president-so-treat-me-differently argument that the Supreme Court said wasn’t valid. Then: Lev Parnas has been indicted on another charge: conspiracy to commit wire fraud. Parnas and an associate allegedly got seven people to invest in a company called Fraud Guarantee that was supposed to offer insurance against losses f...

33 min1 w ago
Comments
Fraud Guarantee

‘A corrupt and politically motivated favor’

Long-suffering federal judge Emmet Sullivan is still presiding over the Michael Flynn case, which isn’t yet dismissed. The DC Circuit declined to force him to promptly dismiss the case and is allowing him to hear arguments about whether he should do so, and retired judge John Gleeson has filed his friend of the court brief arguing that Judge Sullivan should deny the Justice Department’s motion — unopposed by the defendant — to dismiss the false statements charge to which he had already pleaded guilty. Gleeson made a very persuasive argument, but Ken still thinks it’s a problem for a judge, who is supposed to be a neutral party, to push prosecution forward against the executive’s wishes. Part of Gleeson’s argument in the brief is this: “There is clear evidence that this motion reflects a corrupt and politically motivated favor unworthy of our justice system. In the face of all this, the Government makes little effort to refute (or even address) the evidence exposing its abuse...

31 min2 w ago
Comments
‘A corrupt and politically motivated favor’

Was President Trump on the job when he called E. Jean Carroll a liar?

The Justice Department has filed a motion to take over the defense of E. Jean Carroll’s defamation lawsuit against President Trump. Carroll, a longtime advice columnist, alleged the president raped her at a department store in 1995 or 1996. The president said her claim was false and that she was “not [his] type.” She sued him for defamation on the grounds that he was falsely accusing her of being a liar. The case has been kicking around in a New York state court, which had recently ruled the case could proceed to discovery. But not the Department of Justice says it will take over Trump’s defense and move the case to federal court. How are they able to do that? Will a judge grant that, agreeing that Trump was speaking in his official capacity as president when he called Carroll a liar? If that happens, how does this change the outlook for Carroll’s claim? Spoiler: it’s not good — you can’t sue the federal government for defamation, so if this move goes forward, the case is ov...

35 min3 w ago
Comments
Was President Trump on the job when he called E. Jean Carroll a liar?

Did Antifa and BLM do the RICO?

Chad Wolf, the acting head of the Department of Homeland Security, appeared Monday on Tucker Carlson Tonight, and Carlson asked why the heads of Antifa and Black Lives Matter hadn’t been charged under, for example, the Racketeer Influenced and Corrupt Organizations Act for what Carlson alleged was their responsibility for riots in Kenosha, Wisconsin, and elsewhere. Wolf replied that the Department of Justice was looking into it. Ken tells us again (for, like, the millionth time) why it’s not RICO, but there are other statutes under which the Trump administration could seek to bring charges or otherwise harass the leaders of these movements. Speaking of federal investigations, Kentucky Senator Rand Paul wants someone to look into the protesters who surrounded and accosted him and his wife as they left President Trump’s convention speech. What crime does Rand Paul think was committed here? Is there a situation where screaming at someone can cross a legal line? Plus: the latest on t...

30 minSEP 3
Comments
Did Antifa and BLM do the RICO?

Bannon arrested at sea

We’re a few days into the Republican National Convention, and there have already been a number of apparent Hatch Act violations. The Hatch Act isn’t a criminal law — does it actually prevent government employees from engaging in campaign activity while on the job, or is it really just a norm? And isn’t there something kind of weird about barring people who work in politics from doing things that are...political? Steve Bannon was arrested on a boat last week — he and his associates from the “We Build The Wall” project are accused of wire fraud and money laundering. Why did postal inspectors arrest Bannon? What’s special about this scam that makes it a crime? Then: the New York attorney general is investigating whether the Trump Organization misled banks and the government about the value of its assets. We just learned about this because of a legal filing, but the investigation has been going on for over a year. Surprise: the Trump Organization isn’t complying with subpoenas ...

29 minAUG 27
Comments
Bannon arrested at sea

Colloquially collusion

The Senate Intelligence Committee has released its report on Russian interference in the 2016 election. The president says the report is a hoax though his aides also say it confirms what they’ve said all along: that there was no collusion between the Trump campaign and the Russian government to influence the election outcome. As a reminder, “collusion” has no particular legal meaning, but Ken and Josh talk about one key allegation in the report, which is the timing for the release of the hacked DNC emails from Wikileaks. When people around Trump got word the now-famous Access Hollywood tape would be release, Roger Stone directed Jerome Corsi to instruct Julian Assange to have Wikileaks release the emails the Russians hacked from Clinton campaign chairman John Podesta. This calls into question written answers President Trump provided during the Mueller investigation in which he said he didn’t remember discussing any of this with Roger Stone. Did the president make false statement...

32 minAUG 20
Comments
Colloquially collusion

Hot en banc action

On Tuesday, the DC Circuit Court of Appeals held its en banc hearing to reconsider whether Judge Emmet Sullivan should be forced to dismiss the charges against former national security adviser Michael Flynn, who already pleaded guilty and was awaiting sentencing. The hearing was long: four hours, which was a stretch even for a legal nerds, Ken White says. How did it go for Flynn? Also from the DC Circuit in the last week: the court ruled 7-2 that the House of Representatives does have standing to sue to enforce its subpoena for former White House counsel Don McGahn to appear and testify. We’re far from that now, though, and maybe even in weirder territory as a result of the Trump administration probably pushing its argument against complying with subpoenas too far. Attorneys for President Trump said Manhattan District Attorney’s inquiry into the president’s financial records is a fishing expedition and constitutes illegal “harassment.” Is it? They’ve asked for the DA’s office...

34 minAUG 13
Comments
Hot en banc action

The value [of this podcast] is unascertainable.

First, a correction to last week’s show: Ken and Josh talked about Attorney General Bill Barr’s House committee testimony in which he said federal prosecutors had brought charges he didn’t think any current US attorney would bring and that this prosecution was for “some esoteric, made-up crime,” not a “meat and potatoes crime.” Well, we mixed up which prosecution Barr was referring to. Barr was first asked about Roger Stone, but he was referring there to the Michael Flynn prosecution. So, we’ll take that one this week. Was Michael Flynn prosecuted for an esoteric, made-up crime for lying to the FBI about his contact with Russian Ambassador Sergey Kislyak during the transition? Ken White says he would prefer it if charging people for lying to federal investigators wasn’t routine for the Justice Department, but it is. It is very routine, and the Justice Department routinely rejects exactly this argument that Barr made. So, those charges against Michael Flynn — they still hav...

27 minAUG 6
Comments
The value [of this podcast] is unascertainable.

Meat and potatoes

Attorney General Bill Barr testified before the House Judiciary Committee this week and it went, well, basically how you might expect. There was some news: in justifying his intervention in Roger Stone’s sentence, Barr said it was “excessive” for a man of his age (67), and he didn’t think any US attorney in the department today would prosecute the case because it couldn’t be proved beyond a reasonable doubt, and the charges (witness tampering, false statements and obstruction) were “esoteric” and “made-up” crimes, not “meat and potatoes” crimes. Okay, but Roger Stone was tried and convicted by a jury. Ken White says this and other moments of Barr’s testimony were ridiculous, unconvincing, implausible, and not reflective of any past or future Justice Department policy. Michael Cohen is out of prison again. Judge Alvin Hellerstein ordered him released, saying the federal government had retaliated against him for his plan to write a tell-all book about the president. Is it ...

28 minJUL 30
Comments
Meat and potatoes
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