Stephanie Pell and Brian Kalt on How the Trump Indictment Will Affect the Trump Campaign and the Potential Trump Presidency
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 20 June 2023
⏱️ 50 minutes
🧾️ Download transcript
Summary
Last November, President Trump became candidate Trump when he formally announced his campaign to retake the White House in 2024. And when, earlier this month, the Department of Justice indicted Trump over his unauthorized possession of classified documents, it gave him another title: defendant Trump.
How will all of these roles interact with each other on a legal and logistical level? How will the obligations of defendant Trump interfere with candidate Trump's ability to conduct his presidential campaign? And if candidate Trump becomes convicted-felon Trump and also President Trump, what then?
To think through these issues, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with two members of the Lawfare extended universe: Stephanie Pell, Lawfare Senior Editor and a former federal prosecutor in the southern district of Florida, and Brian Kalt, a law professor at Michigan State and one of the foremost experts on presidential disqualification and removal.
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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. |
| 0:32.6 | Presidents, I would have thought are most likely to do this when they're least |
| 0:37.7 | accountable, when they're out of, on their way out of office. They've already lost |
| 0:42.1 | the election or it's the end of their second term and the pardon power is |
| 0:45.8 | supposed to be about accountability and so it would be really bad because the |
| 0:50.5 | people wouldn't have a chance to weigh in on it. In an odd sort of way, I think the |
| 0:55.1 | fact that he has as part of his platform that he would pardon himself and a |
| 1:00.0 | bunch of other people means that if he did win having that on his platform, |
| 1:07.3 | he would have a stronger argument to make about being able to pardon |
| 1:14.0 | himself about being immune while he's in office. I'm Alan Rosenstein, associate |
| 1:19.9 | professor of law at the University of Minnesota and senior editor at LawFair |
| 1:23.8 | and this is the LawFair podcast for June 20th, 2023. Last November, President |
| 1:30.3 | Trump became candidate Trump when he formally announced his campaign to |
| 1:33.8 | retake the White House in 2024 and then earlier this month, the Department of |
| 1:38.1 | Justice indicted Trump over his unauthorized possession of classified |
| 1:41.4 | documents and doing so it gave him another title, Defended Trump. How will all of |
| 1:47.0 | these roles interact with each other at the level of law and just practical |
| 1:51.1 | logistics? How will the obligations of Defended Trump interfere with candidate |
... |
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