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The David Frum Show

The Crises of Due Process

The David Frum Show

The Atlantic

Politics, News, News Commentary

4.62.4K Ratings

🗓️ 23 April 2025

⏱️ ? minutes

🧾️ Download transcript

Summary

In this episode of The David Frum Show, David examines the dangerous path the Trump administration is charting by deporting and detaining individuals without hearings—an assault on due process that threatens the foundation of American justice. He’s then joined by former Acting Attorney General Peter Keisler to explore what America’s institutions can realistically do to push back against Trump’s executive overreach—and the serious risks facing the courts, the Federal Reserve, and the American public if Trump continues unchecked. Finally, David answers listener questions on Republican contempt for blue states, reclaiming the term “globalist,” and how citizens can effectively fight back. Get more from your favorite Atlantic voices when you subscribe. You’ll enjoy unlimited access to Pulitzer-winning journalism, from clear-eyed analysis and insight on breaking news to fascinating explorations of our world. Subscribe today at TheAtlantic.com/listener. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

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0:10.8

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0:15.0

Music Hello, welcome to the third episode of the David Fromm Show. I'm David Fromm, a staff writer at the Atlantic. This week, my guest will be Peter Keisler, former acting attorney general of the United States

0:37.9

under President George W. Bush, former head of the Civil Division at the Department of Justice,

0:42.7

a veteran of the conservative legal community. He had clear clerk for Supreme Court Justice Kennedy

0:47.6

and for Judge Robert Bork. I have known Peter also as a friend for nearly half a century.

0:53.5

He has someone in whom I have enormous confidence, for whom I have great respect.

0:57.0

And I think, as you listen to him today, you will see why, because it was an extraordinary

1:00.9

breadth of interest and depth of knowledge.

1:02.7

I'm so grateful that he joined us.

1:04.9

Our theme will be issues of law and due process of law.

1:09.2

And before I begin my conversation with Peter Keisler, let me offer some introductory thoughts

1:13.8

on this subject.

1:15.2

As we've seen, the Supreme Court of the United States has rebuked the Trump administration

1:18.6

for its contemptuous attitude toward courts and toward the dozens of people it is sent

1:25.2

to a maximum security prison in El Salvador without a hearing,

1:29.5

without even allowing them to challenge that the government has got the right person.

1:33.2

Those detained people have now been in supposedly the custody of El Salvador, in fact,

1:38.4

in the custody of the United States government, because the United States government is paying

1:41.8

millions of dollars to the government of El Salvador to hold these prisoners. They've been there now for five weeks, as I speak, without a hearing,

1:49.4

without any show that the government has got the right person in communicato, and apparently for life.

...

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