4.8 • 32.3K Ratings
🗓️ 8 November 2024
⏱️ 7 minutes
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0:00.0 | Hey folks, Ellie Honig here. |
0:03.9 | As you may know, we recently launched a second weekly episode of the Cafe Insider podcast, |
0:09.5 | where I'm joined by Cafe contributors and other guests to tackle one major legal or policy issue in about 30 minutes. |
0:17.7 | This week, I'm joined by former U.S. Attorney for the Eastern District of Michigan, |
0:21.5 | Barb McQuaid, to discuss how Donald Trump's return to the White House will impact the rule of law |
0:26.5 | from the Trump criminal cases to the Department of Justice, to the Supreme Court, and more. |
0:32.4 | If you're a member of Cafe Insider, head on over to the insider feed and listen to our full |
0:37.4 | conversation. |
0:38.6 | Listeners of Stay Tuned with Pre, remain here for an excerpt from our discussion. |
0:43.0 | To become a member of Cafe Insider and for a limited time, get 40% off your membership for the first year, |
0:49.2 | head to cafe.com slash November. That's cafe.com slash November. Now, on to the show. |
0:59.8 | So let's hit on the state prosecutions. Manhattan's a little complicated because there's all sorts |
1:04.4 | of motions in the sentencing and the Georgia case. I want to talk quickly about the Manhattan |
1:08.7 | sentencing, which is maybe approaching. But first things first, do you see any way constitutionally, practically, realistically that either of these cases can proceed against him, either with a trial or imposition of a sentence while he's the sitting president? |
1:27.4 | No. But I do think there's one thing that Judge Mershon could do, which is to conduct the |
1:33.6 | sentencing in November, as it is currently scheduled, and choose a sentence of a fine, |
1:39.3 | because it's against Donald Trump in his individual capacity. There's nothing that says |
1:44.0 | he can't be fined while |
1:45.3 | he is a private citizen. And so I think that's a possibility. In terms of a custodial sentence, |
1:50.8 | I don't think so. You know, the OLC memo, Office of Legal Counsel, part of the Department of |
1:55.5 | Justice, which wrote that opinion about not being able to charge a sitting president. I know |
2:00.0 | there are people disagree with it. I actually happen to think it's right. But not only do I think it's right |
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