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Stay Tuned with Preet

Targeted Killings: Suleimani & Hoffa (with Jack Goldsmith)

Stay Tuned with Preet

Vox Media Podcast Network

Society & Culture, Politics, Government, News

4.832.3K Ratings

🗓️ 9 January 2020

⏱️ 90 minutes

🧾️ Download transcript

Summary

On this week’s episode of Stay Tuned, "Targeted Killings: Suleimani & Hoffa," host Preet Bharara answers your questions about: -- John Bolton's statement that he's prepared to testify in the Senate impeachment trial if he's subpoenaed -- Whether the House can continue to call additional witnesses after the articles of impeachment are transmitted to the Senate, and Senator Marco Rubio's interpretation of Senate trial rules -- Government prosecutors' decision to seek prison time for former Trump national security adviser Michael Flynn Jack Goldsmith is a Harvard law professor, co-founder of Lawfare, and an author. His most recent book is In Hoffa's Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth. Goldsmith served as the Assistant Attorney General in charge of the Office of Legal Counsel from 2003-2004. As always, tweet your questions to @PreetBharara with hashtag #askpreet, email us at [email protected], or call 669-247-7338 to leave a voicemail. Sign up to receive the CAFE Brief, a weekly newsletter featuring analysis of politically charged legal news, and updates from Preet. REFERENCES & SUPPLEMENTAL MATERIALS THE Q&A Statement of John R. Bolton regarding congressional testimony, 1/6/20 Sen. Marco Rubio’s tweet about Bolton’s testimony, 1/6/20 United States’ Supplemental Memorandum in Aid of Sentencing, U.S. v. Michael Flynn, 1/7/20 “Prosecutors Ask That Michael Flynn Get Prison Time,” New York Times, 1/7/20 THE INTERVIEW In Hoffa’s Shadow: A Stepfather, a Disappearance in Detroit, and My Search for the Truth, Farrar, Straus and Giroux (September 2019) Primary Sources: Article II of The Constitution, Legal Information Institute Authorization for Use of Military Force (AUMF), 2001 Authorization for Use of Military Force against Iraq Resolution, 2002 Executive Order 12333, National Archives “War Powers,” Library of Congress Review of Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation, Office of the Inspection General, December 2019 Goldsmith’s May 2004 memo & July 2004 memo regarding the Stellar Wind program Analysis: Goldsmith’s tweets about precedent, 1/4/20 Bobby Chesney’s tweet about assassinations, 1/5/20 “The Soleimani Strike: One Person Decides,” Lawfare, 1/3/20 “Did the President Have the Domestic Legal Authority to Kill Qassem Soleimani?,” Lawfare, 1/3/20 “The key word in U.S. justifications for the killing of Iranian general: ‘Imminent,’” Washington Post, 1/5/20 “As Tensions With Iran Escalated, Trump Opted for Most Extreme Measure,” New York Times, 1/4/20 “Trump Threatens Iranian Cultural Sites, and Warns of Sanctions on Iraq,” New York Times, 1/5/20 “Trump Says He'll Target Iran's Cultural Sites. That's Illegal,” National Public Radio, 1/6/20 “Assassination Ban and E.O. 12333: A Brief Summary,” CRS Report for Congress, 2002 “The FBI Needs to Be Reformed,” The Atlantic, 12/16/19 Stay Tuned Archive: Bob Bauer’s interview on Stay Tuned THE BUTTON "White Prosecutor, Doug Evans, Asks to Recuse Himself From Curtis Flowers Case,” New York Times, 1/7/20 In the Dark Podcast, APM Reports See omnystudio.com/listener for privacy information. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

This episode is brought to you by Slack. With Slack, you can bring all your people and

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0:11.1

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0:16.7

like huddles for quick check-ins or Slack Connect, which helps you connect with partners

0:20.9

inside and outside of your company. Slack, where the future works. Get started at

0:26.9

Slack.com slash DHQ.

0:55.9

From Cafe, welcome to Stay Tune.

0:58.9

I'm Pete Barara. So the real question here, this is not going to happen from the executive

1:03.6

ranks. Constraining the president will happen in one of two ways. electing a president

1:07.7

who feels that the United States should be more constrained and then a congress that's

1:12.4

going to stand up and exercise his constitutional responsibilities. Both of those things are

1:16.3

easier said than done. That's Jack Goldsmith. He's an expert in national security law, a

1:22.6

professor at Harvard Law School, and a co-founder of the Law Fair blog, one of the leading legal

1:27.4

resources out there today. Goldsmith is also a prolific author. While his previous books

1:32.5

have touched on the power of the president, his new book, In Huffa's Shadow, is about

1:37.1

his personal connection to one of the greatest unsolved mysteries of the 20th century. We

1:41.5

get into all of that, plus Goldsmith's analysis of the legality of Kassam Suleimani's targeted

1:46.4

killing, his tenure at the helm of the Office of Legal Counsel in the Bush Administration,

1:50.9

and the state of the law as it stands today. That's coming up. Stay tuned.

2:04.9

It's hard not to feel bombarded by an endless stream of bad news, but have hope. Check out

2:09.7

the podcast Future Hindsight. You can listen to host Milla Atmos, interview activists and

2:15.0

experts in justice, democracy, and equality. Each week you'll discover why these citizen

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