PREVIEW: Lawfare: Does It Work? GUEST NAME: Professor Richard Epstein Professor Richard Epstein discusses lawfare, asserting that it only works when you win. He argues that the lawsuits against President Trump were based on "nefarious" or "silly transacti
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 10 October 2025
⏱️ 2 minutes
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Summary
PREVIEW: Lawfare: Does It Work?
Professor Richard Epstein discusses lawfare, asserting that it only works when you win. He argues that the lawsuits against President Trump were based on "nefarious" or "silly transactions". He suggests these lawsuits, seen by the public as preposterous, likely propelled Trump into office. Epstein also suggests that impeachment should bar subsequent federal trials.
Transcript
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| 0:00.0 | This is John Batchel, a conversation with my colleague, Professor Richard Epstein, of the Civitas Institute, as well as teaching law at NYU in the University of Chicago. |
| 0:11.5 | The subject is lawfare. Does it work? It would appear that the Trump administration is now indicting and pursuing names of personalities who were indicting and pursuing President Trump |
| 0:24.7 | when he was a candidate Trump in 2024. |
| 0:29.0 | It appears no evidence one way or another. |
| 0:33.1 | It's a perception. |
| 0:34.9 | However, Richard takes on lawfare and says that it works, except in the case of |
| 0:40.9 | Mr. Trump may have reversed itself and working too well. In any event, Richard explains lawfare |
| 0:49.0 | in 2025. More of this tonight. Well, I think the answer is warfare works when you win. |
| 1:00.7 | Lawfare does not work when you lose. So the attack on Trump, my position was that every one of |
| 1:06.9 | those law schools was not only wrong, but nefarious, taking either silly transactions |
| 1:12.8 | or innocuous transactions and making them something big. The most serious thing, I think, |
| 1:18.1 | that there did exist was the whole question of January 6th. And my view, which is a minority |
| 1:23.2 | position, but I still think the correct position is once you have a trial by way of impeachment, |
| 1:27.9 | there can never be any other trial at the federal level because of the protections against |
| 1:32.1 | trouble jeopardy. And they went over all of that stuff. The complaints got more and more |
| 1:37.3 | exotic. The claims were shot down. And what happened is that what was thought to be the fatal blow to Trump was seen by the public as being so utterly preposterous that the losses probably propelled him into office. |
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