Amicus With Dahlia Lithwick | Law, justice, and the courts - Nice Little FBI You’ve Got Here. Pity if Something Happened to it.
Amicus With Dahlia Lithwick | Law, justice, and the courts
Slate Audio
4.6 • 3.4K Ratings
🗓️ 10 June 2017
⏱️ 49 minutes
🧾️ Download transcript
Summary
In his much-anticipated testimony on Capitol Hill this week, former FBI Director James Comey described several uncomfortable interactions with President Trump that preceded his firing. The big question for all watching was: could any of those interactions be considered “obstruction of justice?” On this week’s episode, we put the question to Stanford Law School Professor Robert Weisberg.
We also discuss the ongoing litigation around President Trump’s executive order on immigration with Kate Shaw, an associate professor at the Cardozo School of Law and a Supreme Court analyst for ABC News. Shaw is the author of a new article in the Texas Law Review that considers what sorts of presidential speech is and isn’t admissible in a court of law. [Read Shaw’s recent New York Times op-ed on the subject here.]
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Transcript
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| 0:00.0 | Think of it as almost a matter of etiquette. |
| 0:04.8 | Trump can't be accused of doing something improper because he's never understood the rules of propriety. |
| 0:12.8 | Yeah, I mean, the Twitter presidency is definitely going to inspire many, many law review articles and dissertations. |
| 0:17.2 | And it does feel like we are sort of early in, I think, even my own thinking about it. |
| 0:28.2 | Hi, and welcome to Amicus, Slate's podcast about the Supreme Court and the law. |
| 0:33.6 | And as you will hear today about legal words. I'm Dahlia Lithwick. |
| 0:37.9 | I cover the courts in the law for Slate. |
| 0:41.1 | So the Supreme Court is entering its final weeks of the 2016 term. |
| 0:46.3 | And as we will discuss, everybody is going crazy about the travel ban litigation and whether and when and if the justices will hear the appeal of this |
| 0:56.5 | case. |
| 0:57.5 | Later on in the show, we're going to talk to someone who has given a tremendous amount of |
| 1:02.1 | thought to the burning legal question of whether presidential comments, winks, nods, |
| 1:07.6 | and tweets should have any legal force in this litigation. |
| 1:12.8 | But before we talk about travel bans, we wanted to look at a legal question that seems to be a real |
| 1:18.4 | head scratcher for every legal thinker who isn't a pundit on cable news and obligated to come up |
| 1:25.2 | with an instant answer to this question, specifically, what is |
| 1:30.0 | obstruction of justice? By which we simply mean, what do James Comey, President Trump, the Russia |
| 1:37.5 | investigation, a grandfather clock, and the Senate Intelligence Committee all have in common |
| 1:42.4 | right now? Well, they all raise this question of what the heck is criminal obstruction and how can we know it when we see it? |
| 1:50.7 | And trust us when we tell you this is complicated. |
| 1:54.9 | So to answer this question, we've called in a real live criminal law professor, specifically Stanford law professor Robert Weisberg, who was in the spirit of full disclosure, my own criminal procedure professor, the guy who taught us Crimpro by walking us through the Law and Order episode of the week before. And he is going to help us sort out what obstruction of justice really means. |
| 2:19.7 | So, Bob Weisberg, welcome to the podcast. |
... |
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