Versus Trump

On this week’s Versus Trump, Jason and Charlie discuss a lawsuit in Seattle, Dawson v. Asher, requesting that several vulnerable people in immigration detention be released. They discuss the legal standard for detention, why detention centers are particularly dangerous places, and what courts will be balancing when they consider these requests for release.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesThe TRO in Dawson v. Asher is here. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Jason talks with Aaron Belkin and Matt Lehrich of Take Back The Court. They talk about Aaron's idea for the Democrats to add four seats to the U.S. Supreme Court in response to what he sees as two "stolen" seats. They get into the legality of this solution and the political and legal ramifications of such a proposal, including whether it would lead to a tit-for-tat from Republicans if they come back to power after this proposal has been adopted.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesYou can find out more about Take Back The Court here. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Charlie and Jason cover a number of outstanding decisions and issues that they've missed over the last month. They begin with a discussion about a federal court's recent decision calling AG Barr's summary of the Mueller Report not credible, which led him to review the Mueller Report to see whether redactions were proper. They then also discuss a recent decision about Medicaid work requirements, the illegal appointment of the acting head of the USCIS, and then mention the new defamation lawsuits by Trump against the NY Times, CNN, and the Washington Post.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesThe opinion in the Mueller Report case is here. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Charlie and Jason discuss the D.C. Circuit's recent opinion holding that courts have no power to enforce subpoenas issued by the House. They discuss the opinion's rationale, whether it makes sense, and whether the House might—or should—take the court up on its offer to start jailing Trump Administration officials in their own brig.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesThe opinion in House Judiciary Committee v. McGahn is here. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Charlie and Jason discuss a dissenting opinion by a Trump-appointed judge arguing that states cannot be sued for violating the Voting Rights Act. They then say goodbye to Easha with a tribute to her thinking about Versus Trump law and litigation. We shall miss you, Easha. Talk soon??You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesThe opinion in NAACP v. Alabama is here. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Charlie and Jason discuss Jason's ongoing essays for the Take Care blog about whether impeachment was good or bad, net-positive or net-negative. This leads them to discuss whether the Democrats should have more aggressively pursued witnesses and whether this whole proceeding did much to vindicate the rule of law. They emerge with slightly revised opinions about this whole process.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesJason's "impeachment was good" essay is here.Jason's "impeachment was bad" essay is here. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Charlie and Jason look at a new lawsuit by D.C. claiming that Trump's inaugural committee overpaid for space at the Trump Hotel and thus "wasted" at least $1 million in charitable funds. Spoiler alert: the lawsuit seems convincing. They also discuss the latest developments in the Bolton saga.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesCNBC has this useful article describing the lawsuit and linking to the Complaint. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Charlie and Easha take a deep dive into two recently granted Supreme Court cases that go to the heart of the systems that we use to elect the President. (We chose this week to cover this topic because our Fearless Leader, Jason, was unavailable and he is counsel on both cases.) The discussion takes us deep into questions of political accountability, free choice, and constitutional history. A classic Versus Trump cat's-away-mice-will-play episode chock full of fun analysis of, among other things, Jason's work. Listen now! (I mean right now.)You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.  See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Jason, Easha, and Charlie discuss the Trump Administration's new legal opinion regarding the legal status of the Equal Rights Amendment, also known as the ERA. They consider what will happen now that Virginia has become the 38th state to ratify the ERA since 1972. Is it too late, or can Congress do anything to add this amendment to the Constitution? Note that when this was recorded, Virginia was expected to ratify it shortly, and the State in fact ratified it just before the episode was posted.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesThe Trump Administration's opinion called Ratification of the Equal Rights Amendment is here.News that Virginia ratified the Amendment is here, at NPR.Strangely, the 1977 OLC opinion regarding whether the three-year extension was constitutional is very difficult to fi

On this week’s Versus Trump, Jason, Easha, and Charlie consider a new lawsuit by Amazon, in which the company claims that it was illegally denied a $10 billion Pentagon contract because of President Trump's stated dislike of Amazon founder Jeff Bezos. And the return briefly to the question of Bolton's potential testimony at the Senate impeachment trial.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesThe complaint in the Amazon case is here.The Jonathan Chait piece discussing this case and calling it perhaps his most egregious abuse of power yet is here. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Jason and Charlie dive deep into two impeachment-related questions. First, what is the formal role of the Senate in an impeachment trial, and what power does the Chief Justice have? (Hint: Senators have all the power; the Chief Justice has basically none.) Second, what did the House say in its impeachment report about why it chose not to go to court or otherwise force recalcitrant Administration officials to testify—and does it make sense? You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesA terrific analysis of the Chief Justice's role in an impeachment trial is here, by Jane Chong at The Atlantic.The House's impeachment report is here.We also relied on Chapter 4 of To End a Presidency, by Matz and Tribe. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Jason and Charlie answer listener questions about impeachment, bribery, sanctions, and more! Thanks again for another great year. Remember to email any questions to versustrumppodcast@gmail.com to be on the next mailbag.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.   See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Easha and Charlie discuss the Trump Administration’s efforts to resume federal executions after a decade-and-a-half hiatus. We talk about the district court ruling enjoining those efforts, the Supreme Court’s decision to keep the executions on hold while litigation plays out (and a snippy concurrence from three of the justices), and why the whole concept of a federal death penalty is a little bizarre.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.  See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Jason, Charlie, and Easha respond to Rep. Matt Gaetz's shoutout to this podcast during the Judiciary Committee's impeachment hearings. They then discuss their reactions to the Democrats' strategy with their public hearings and articles of impeachment.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesA YouTube video of our show being mentioned in the impeachment hearings is here.The articles of impeachment are here. See acast.com/privacy for privacy and opt-out information.

First, real talk: yes, Versus Trump really did get a shoutout at the impeachment hearings on Wednesday! More on that next week, and there's a link to the exchange in the shownotes. We recorded this episode before that happened, but rest assured that we'll respond to the Committee next week.Meanwhile, on this week’s Versus Trump, Jason and Charlie discuss two guns cases. First, we discuss a court's definitive rejection of the Trump Administration's bizarre decision to try to permit the online publication of plans for 3d printed guns, and then we discuss the Supreme Court's Monday argument in the first Second Amendment case in a decade. We also have quick hits on a few other matters.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesA YouTube video of our show being mentioned in the impeachment hearings is here.The district court's decision i

On this week’s Versus Trump, Jason, Charlie, and Easha discuss the definition of "bribery" for impeachment purposes, since Nancy Pelosi claimed that's what the evidence is showing at the impeachment hearings. They talk about how Congress and citizens should think about this notoriously slippery idea.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesThe excellent Lawfare post to which we were referring is here. See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Jason, Charlie, and Easha discuss a court's opinion vacating the Trump Administration's so-called "conscience rule." This rule would have broadly permitted many employees in the healthcare sector from in any way participating in procedures with which they have religious or moral disagreements—even in emergencies. The trio discuss the opinion, which is one of their favorites, and delve into a few of the many rationales for striking down the rule.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesJudge Engelmeyer's ruling in New York v. HHS is here. See acast.com/privacy for privacy and opt-out information.

On this week’s special edition of Uncle Charlie's Sanctions Corner–wait, we mean Versus Trump—Jason, Charlie, and Easha bring on Eileen Connor of the Project on Predatory Student to discuss a major opinion issuing sanctions against the Department of Education. They discuss the Department's egregious conduct that led to an unprecedented sanctions award of $100,000 to a class of plaintiffs that should have had their student loans cancelled, but did not.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.  NotesThe Project's press release on the decision, which contains several helpful links, is here. See acast.com/privacy for privacy and opt-out information.

[Sorry for delayed posting!] On this week’s Versus Trump, Jason, Charlie, and Easha talk executive privilege. They outline the legal landscape of several hard questions in this area, like can the President completely prevent executive officials from testifying, and what role do the courts play here? They realize a showdown is coming but worry that there are no obvious answers.You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here.   See acast.com/privacy for privacy and opt-out information.

On this week’s Versus Trump, Jason and Charlie really talk impeachment. They answer two questions that have been debated in the media. First, does the full House need to vote to formally start impeachment proceedings? Second, does the President have a right, at this point in the investigation, to have his lawyers in the room to cross-examine witnesses or present opposing views? Listen for the answers!You can find us at @VersusTrumpPod on twitter, or send us an email at versustrumppodcast@gmail.com. You can buy t-shirts and other goods with our super-cool logo here. NotesThe New York Times helpfully checks five of the President's claims about impeachment here. See acast.com/privacy for privacy and opt-out information.