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Uncommon Knowledge

The Impeachment of a Former President, with Richard Epstein, Andrew McCarthy, and John Yoo

Uncommon Knowledge

Hoover Institution

Politics, History, News:politics, Science, News

4.81.9K Ratings

🗓️ 9 February 2021

⏱️ 79 minutes

🧾️ Download transcript

Summary

The second impeachment trial of Donald Trump begins on February 9, 2021, but a fierce debate as to the constitutionality of trying a former president in this manner has been ongoing in the legal community for weeks. To bring some possible clarity and resolution to the matter, we assembled three of best and most cogent legal minds we know: Professor John Yoo of Berkeley Law School, Professor Richard Epstein of the University of Chicago and New York University School of Law, and Andrew McCarthy, former federal prosecutor and a legal commentator for National Review and Fox News.

Transcript

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0:00.0

In a matter of hours as we record this, a trial of the forty-fifth president will begin

0:14.5

in the Senate.

0:16.1

But is this trial wise?

0:19.0

Are the charges sound?

0:20.9

For that matter is the entire proceeding constitutional.

0:25.0

Today on Uncommon Knowledge, three brilliant legal minds.

0:28.5

I'll, too, anyway, I'll let you decide which one I have my doubts about, three brilliant

0:33.7

legal minds on the trial that is about to begin.

0:38.4

Richard Epstein is a professor of law at NYU, a professor of law emeritus at the University

0:42.9

of Chicago, and a fellow at the Hoover Institution.

0:46.2

Andrew C. McCarthy is a senior fellow at the National Review Institute and a National Review

0:51.1

Contributing Editor.

0:52.7

He served as assistant U.S. attorney for the Southern District of New York.

0:57.0

Note that.

0:58.3

He is the man here with practical experience, putting people in the slammer.

1:03.3

A fellow at the Hoover Institution, John Yu, served during the administration of George

1:09.0

W. Bush as deputy assistant attorney general in the office of legal counsel at the Department

1:15.0

of Justice.

1:16.0

Mr. Yu, as a professor at the University of California Berkeley Law School, our online

1:19.8

host, so to speak today, and also a fellow at the Hoover Institution, Richard, Andy and

1:26.4

John.

1:27.4

Welcome.

...

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