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The Lawfare Podcast

Another Special Counsel and More Classified Documents

The Lawfare Podcast

The Lawfare Institute

History, News, National Security, Law, Terrorism, Current Events, Military, International Law, Foreign Policy, Intelligence, International Relations, Politics, Diplomacy, Rule Of Law, Government, Constitutional Law

4.76.4K Ratings

🗓️ 13 January 2023

⏱️ 48 minutes

🧾️ Download transcript

Summary

Yesterday afternoon, Attorney General Merrick Garland announced that he has appointed a special counsel to investigate the revelations that documents bearing classification markings had been found in President Biden's private office and residence. The appointment comes after a preliminary investigation that began on November 14, just days before a different special counsel was appointed to investigate documents found at former President Trump's residence. 

To go through it all, Lawfare executive editor Natalie Orpett sat down with Lawfare contributor Paul Rosenzweig, Lawfare editor-in-chief Benjamin Wittes, and Lawfare senior editor Scott R. Anderson. They talked about why these circumstances triggered the special counsel regulations, what we know about potential criminal exposure, and how this may impact the ongoing special counsel investigation of Donald Trump.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.0

To access an ad-free version of the LawFair podcast,

0:08.0

become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull, and the aftermath.

0:29.0

Then there's going to be a battle over whether or not Trump's defense lawyers can do the Biden did it to defense.

0:41.0

The judge will rule against that, but that will play out in a way that will ultimately impact the trial of the case,

0:49.0

possibly circle back to the jurors.

0:52.0

It's impossible to keep information like that from them.

0:56.0

It is a horrible false equivalency.

0:59.0

It should not be admitted because as we've said already,

1:03.0

Trump's willful obstruction is nothing like what seems to have happened, at least so far as we know with Biden.

1:10.0

But the reality is, you know, when he sits there at the end of the day and says,

1:15.0

can we get 12 Florida jurors on the east coast of Florida and the southern district to vote guilty on this,

1:22.0

unanimously, the odds just went substantially down.

1:27.0

I'm Natalie Orpet, executive editor of LawFair, and this is the LawFair podcast, January 13, 2023.

1:35.0

Yesterday afternoon, Attorney General Marik Garland announced that he has appointed a special counsel to investigate the revelations

1:42.0

that documents bearing classification markings had been found in President Biden's private office and residence.

1:49.0

The appointment comes after preliminary investigation that began on November 14,

1:54.0

just days before a different special counsel was appointed to investigate documents found at former President Trump's residence.

2:01.0

I sat down with LawFair contributor Paul Rosenswag, as well as my LawFair colleagues,

...

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