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The Counsel

The Clintons Have Testified about Jeffrey Epstein: Will Trump be Next?

The Counsel

Vox Media Podcast Network

News, Politics

4.7861 Ratings

🗓️ 6 March 2026

⏱️ 11 minutes

🧾️ Download transcript

Summary

Elie Honig is a former Assistant U.S. Attorney and co-chief of the organized crime unit at the Southern District of New York, where he prosecuted more than 100 mobsters, including members of La Cosa Nostra, and the Gambino and Genovese crime families. He went on to serve as Director of the Department of Law and Public Safety at New Jersey Division of Criminal Justice. He is currently Special Counsel at Lowenstein Sandler and a CNN legal analyst. For a transcript of Elie’s note and the full archive of contributor notes, head to CAFE.com. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

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0:00.0

Hey everyone, Ellie here, wishing you a happy Friday. Well, a lot has changed since last Friday.

0:07.7

We are now at war with Iran. And the number one question I've been getting asked by listeners and

0:14.8

viewers alike is, is this legal? Is this constitutional? I know Preet and Joyce addressed this earlier in the week,

0:22.6

and I largely subscribe to their view. I think the short answer is probably not.

0:28.6

One really important thing I want to add and accentuate, though, even if this is an unconstitutional

0:35.4

war, and it probably is, there is no courtroom-based remedy for it.

0:42.3

There is no lawsuit to be brought. There is no federal judge in the country who would issue a

0:48.8

TRO, a temporary restraining order, saying, you must stop this action in Iran. That is simply not the way things work.

0:58.0

There was a similar instance, actually, semi-recently in Minnesota, when there were all these

1:01.8

lawsuits brought by the Minnesota AG to expel ICE and bar them from conducting operations in

1:07.8

Minneapolis in Minnesota. I told you at the time, I set on air at the time,

1:11.5

those lawsuits will fail. There's no way for a federal judge to kick ice out of a certain city or

1:17.1

state. Instead, the only thing that's going to do it and the thing that did do it in Minnesota

1:21.5

is political pressure. And the same applies here on perhaps a larger scale. The only thing that's

1:27.3

going to impose any accountability

1:30.2

or any consequences, if this is indeed an unconstitutional war, are going to come from the

1:36.7

political powers that be. What do I mean by that? I mean the American public. I mean protests.

1:42.0

I mean polling results that may be ugly for the president or the

1:45.8

Republican Party. I mean the markets. You know Donald Trump will respond if the markets start

1:51.0

taking a beating. And first and foremost, I mean Congress. Congress has the power to hold hearings,

1:56.4

to demand accountability, to ultimately, theoretically, to impeach. And so if your answer to that is, well,

2:03.1

Congress isn't going to do any of that, then my response is, well, there's your answer. Then you need

...

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