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Advisory Opinions

The Enormous Powers of the President

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 16 April 2024

⏱️ 65 minutes

🧾️ Download transcript

Summary

Co-authors Jack Goldsmith and Bob Bauer join the podcast to discuss their book, After Trump: Reconstructing the Presidency, and the need to reform presidential power. But first, a protest and a dinner party at a Berkeley Law School dean's house. Did the location qualify as a public forum? Sarah and David evaluate. The Agenda: —Dean of Berkeley Law School and a Palestinian Protest: 1A protection? —How to go about civil disobedience —Reforming the Insurrection Act —The need for bipartisan support in reforming presidential powers —Did Donald Trump abuse the pardon power as president? —Special counsels and the fear of rigging prosecutions Show Notes: —The Logan Act —The American Law Institute —David's Sunday column Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You ready?

0:02.0

I was born ready. Welcome to advisory opinions.

0:19.0

I'm Sarah Isger, that's David French, and have we got a pod for you today?

0:24.4

So first, we will talk about Dean Erwin-Chimberinsky at Berkeley Law hosting a dinner at his house that was met with a little disruption.

0:34.4

Then we'll talk about a Supreme Court decision on takings clause stuff.

0:39.4

spoiler alert, it was unanimous.

0:41.3

We'll talk to Bob Bauer, former White House Council to President Obama.

0:45.6

He also was the co-chair of the Presidential Commission on Election Administration and the

0:50.3

co-chair of President Biden's Presidential Commission

0:53.2

on the Supreme Court of the United States.

0:56.0

He is joined by my former professor,

0:59.1

Jack Goldsmith, who is a professor at Harvard Law School and was the former assistant attorney

1:04.6

general for the Office of Legal Counsel. They have co-authored a book together on

1:09.2

fixing the presidency. So we'll talk about the Insuraction Act,

1:13.6

Special councils, the pardon power, war powers,

1:17.2

all of the ways that perhaps,

1:20.0

instead of just shaking our fist at Congress

1:22.4

to do their job,

1:23.6

we can also maybe him in the presidency.

1:26.8

Why isn't this getting more traction?

1:28.9

All right, so first up David, let's talk about the Dean of Berkeley Law School.

1:34.0

Erwin Schmerinsky is maybe the most famous living First Amendment

...

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