A Busy Week at the DC Circuit

The Lawfare Podcast

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🗓️ 4 September 2020

⏱️ 46 minutes

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Summary

It was a big week for the DC Circuit Court of Appeals who handed down opinions in two cases involving former presidential White House advisors. The case of Don McGahn, former White House Counsel, was decided by a panel of the court, having been kicked back to that panel by the full court earlier in the summer. The case of Michael Flynn was decided by the full court, reversing a panel that had earlier ordered a lower court judge to throw the criminal case out.

It's a dizzying series of events involving a complex bunch of cases. To talk through it, Benjamin Wittes got together with Lawfare senior editor Scott Anderson who clerked on the DC Circuit, and Jonathan David Shaub, a professor at the University of Kentucky J. David Rosenberg College of Law. They talked about the Flynn case, the McGahn case, the en banc court vs. the panels that it has generated, and where the cases are going next.

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Transcript

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0:00.0	The following podcast contains advertising to access an ad-free version of the LawFair
0:07.2	podcast become a material supporter of LawFair at patreon.com slash LawFair.
0:14.7	That's patreon.com slash LawFair.
0:18.2	Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair
0:25.6	no bull and the aftermath.
0:33.9	It's a fascinating case to say a judge has hired private counsel to defend the judge's
0:39.2	ability to decide a case and the prosecutor and the defendant are on the same side against
0:44.7	the judge.
0:45.7	There's all kinds of fascinating aspects here.
0:49.4	I'm Benjamin Wittes and this is the LawFair podcast September 4, 2020.
0:55.7	It was a big week for the DC Circuit Court of Appeals handing down opinions in not one
1:01.4	but two cases that had gone to the full court on former presidential White House advisers.
1:10.3	The case of Don McGahn, former White House counsel, was decided by a panel of the court having
1:18.1	been kicked back to that panel by the full court earlier in the summer.
1:23.6	The case of Michael Flynn was decided by the full court reversing a panel that had earlier
1:31.0	ordered a lower court judge to throw the criminal case out.
1:36.4	It's a dizzying series of events involving a complex bunch of cases but we have the perfect
1:42.4	group here to talk us all through it.
1:45.5	Scott Anderson, who clerked on the DC Circuit and is a LawFair senior editor and Brookings
1:52.7	scholar, joined me in the virtual jungle studio as did Jonathan David Shobb, who is newly
2:01.8	a professor at the UK Rosenberg College of Law at that's UK is University of Kentucky,
2:09.6	not United Kingdom.
	...

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