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The Counsel

The OLC Memos & Presidential Immunity (with Trevor Morrison)

The Counsel

Some Spider, Inc.

Politics, News

4.6848 Ratings

🗓️ 15 November 2024

⏱️ 8 minutes

🧾️ Download transcript

Summary

What’s going to happen to Jack Smith’s criminal cases against president-elect Donald Trump? In this excerpt of CAFE Insider, Elie Honig and Trevor Morrison explain why they agree with the Office of Legal Counsel’s 1973 and 2000 memos on presidential immunity. Trevor Morrison is a law professor and Dean Emeritus at New York University School of Law. In the full episode, Elie and Trevor look at the political context behind the policy and how it will affect Trump’s pending federal, state-level, and civil cases. This is the latest installment in a series of special episodes exclusively for members of CAFE Insider. Each week, Elie Honig and special guests will tackle one major legal or policy issue, helping you stay informed. For a limited time, get 40% off your membership for the first year, by heading to cafe.com/November. You’ll get access to two full episodes of the podcast each week and other exclusive content. This podcast is brought to you by CAFE and Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Transcript

Click on a timestamp to play from that location

0:00.0

Hey folks, Ellie Honig here. On this week's episode of Cafe Insider, I'm joined by Trevor Morrison.

0:08.3

Now, Trevor is a law professor and dean emeritus at New York University School of Law.

0:13.1

Trevor and I will be discussing the Justice Department's policy of not indicting or prosecuting

0:18.7

the sitting president. I'm sure you've heard a lot about this policy.

0:22.6

We're going to do a deep dive for you. The policy goes all the way back to 1973, the Watergate era,

0:27.4

and it has remained the official guidance ever since. More recently, it has come into play

0:31.7

with respect to Robert Mueller's investigation, and now to Jack Smith's. If you're a cafe

0:36.9

insider, head on over to the Insider

0:38.6

feed to listen to our full conversation. Listeners of the council remain here for an excerpt from

0:44.0

our discussion. To become a member of Cafe Insider, and for a limited time, get 40% off your

0:49.5

membership for the first year, head to cafe.com slash November. That's 40% off at cafe.com slash November.

0:57.3

Now, on to the show. So this policy obviously gets a ton more attention. It kind of goes

1:07.1

largely unnoticed between Clinton and the Donald Trump era.

1:12.1

But now it's been, over the last several years, it's been in the news twice in a very big way.

1:17.6

Once, of course, it was in relation to Robert Mueller.

1:20.0

Mueller wrote in his report and testified that because of the existence of the policy,

1:24.4

that is why he never reached a thumbs up, thumbs down determination on

1:28.4

whether Trump committed the crime of obstruction of justice. People didn't like that. People were

1:33.5

frustrated with that. Myself included, I get it. And now it's back in the news right now,

1:39.0

because as we've seen reporting, Jack Smith is packing up his suitcases and getting ready to leave.

1:43.2

And I think there's a little bit of a misperception because, yes, Donald Trump has said I would fire Jack Smith

1:47.8

within, quote, two seconds. And no doubt he would. But in my understanding, and I want to hear

...

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