Escalation

By Lawfare & Goat Rodeo

Escalation episodes

January 24, 2020 The Impeachment: Day 3
Today is Day 3 of the Impeachment -- the House Managers continue their cases to the Senate.
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1 hr 39 min
January 23, 2020 The Impeachment: Day 2
Today is Day 2 of the Impeachment -- the House Managers bring their opening cases to the Senate. They walk through the chronology of Trump’s interactions with Ukraine, as well as the other central figures involved. They also stress the need for documents in this trial, urging Senators to subpoena where they see fit. With today marking the first day of opening arguments, the trial is just getting under way.
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1 hr 46 min
January 22, 2020 The Impeachment: Day 1
It’s January 21st, 2020. A month ago, the House of Representatives impeached President Donald Trump for abuse of power and obstruction of Congress. Now the United States Senate must decide whether to convict the president and remove him from office. Chief Justice John Roberts has been sworn in and is presiding over the first day of the trial.

There’s no report this time; no definitive document laying out what happened. Instead, there is a trial. House impeachment managers will present the case against Trump. Then the president’s representatives will present a defense. When that is over witnesses may be called, but we don’t know who or how many. And then the Senate will have to vote. Two-thirds of the senate are required to convict and remove a president from office, 67 votes.

This podcast will let you hear what those senators hear. They have to sit there silently, without phones or laptops or anything else to read; they don’t get to skip the boring parts. We’re going to make it easier on you; we’ll cut down the many hours of testimony and procedural motions so you can just listen to the substance. You’ll get a fair representation of what members heard each day, just in less time. This is unfolding in real time. So this podcast won’t always be polished, or put together perfectly. But you’ll be able to hear it for yourself--not a highlight reel, not someone else’s opinion of what mattered, but the actual trial--and you can make up your own mind.

The following weeks will become an important part of American history, whatever happens. The outcome isn’t just about 67 votes. Because every American faces the same fundamental decision as those 100 senators: Does the evidence show that President Trump is unfit to carry out the office of the commander in chief.

This is the Impeachment. Day One.
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1 hr 25 min
January 20, 2020 The Impeachment: Trailer
On January 21, 2020 The Impeachment Trial of President Donald Trump will begin. Each day, on the Senate floor, the case for and against his impeachment and removal from office will be made to Senators. During this trial there will be dozens of hours of speeches, testimony, and procedures. Impeachment is one of the most consequential actions taken by our government. And while the proceedings of the impeachment trial should be carefully heard by each and every American, the reality is most do not have the luxury of sitting through the daily grind of lengthy testimony. Which is why Lawfare & Goat Rodeo are going to be releasing a daily cut of the impeachment distilled to a manageable and accessible podcast. This abridged version will contain the compelling and substantial elements of throughout the day. No analysis. No punditry. Simply the unfolding events in the Senate.
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3 min
November 08, 2019 The Report Part XV: Mueller's Report
It Friday, March 22, 2019. It’s been nearly two years since Robert Mueller was first appointed Special Counsel. Now, he’s ready to submit a final report to the Attorney General. He has uncovered a sprawling and systematic effort by Russia to interfere in the 2016 election. And he’s developed a mountain of evidence about the president’s efforts to obstruct his investigation, things like witness tampering, ordering the creation of false records, and trying to fire Mueller himself.

But Mueller’s got a problem: a Department of Justice memo says he can’t indict a sitting president. So what is he supposed to do with all this evidence? Mueller decides to just lay it all in the report, all 448 pages of it. It’ll be someone else’s problem to decide what to do about it: maybe a future prosecutor, maybe Congress, maybe the America electorate. That isn’t really Mueller’s concern. He’s done what he was asked to do. Now his report can speak for itself.

_______________________

Thank you for listening to the final chapter of The Report.

This podcast is made possible by the generous support of the William and Flora Hewlett Foundation and the Democracy Fund. And by listeners like you. To support this project, please go to lawfareblog.com.

The Report is a production of Lawfare & Goat Rodeo in Washington D.C. Ian Enright is the executive producer. Production assistance from Char Dreyer. From the Lawfare team, the Project is lead by Executive Editor Susan Hennessey. Editor in Chief is Benjamin Wittes. Interviews conducted by Managing Editor Quinta Jurecic. Recordings by Mikhaila Fogel and Jacob Shulz. Additional assistance by Gordon Ahl .

Special thanks to Daniel Hemel, Chuck Rosenberg, Jack Goldsmith, John Barrett, Paul Rosensweig, Mary McCord, Mike Schmidt, and everyone who made this podcast possible. And thank you, the listening audience.

If you think this story matters, and the more Americans should understand what is in the Mueller Report, please share this podcast widely and leave us a rating and review wherever you listen to podcasts. And continue following this feed for bonus episodes and additional content in the future.

On behalf of Lawfare and Goat Rodeo, thanks for listening.
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53 min
November 01, 2019 The Report Part XIV: The Fixer Flips
We’re almost at the end of our story. This episode will cover the final set of activity that the Special Counsel examines for possible obstruction of justice: the president’s behavior towards his long time attorney Michael Cohen. Unlike the other possible acts of obstruction in Volume II, which mostly occur after Trump takes office, the relevant conduct towards Cohen spans the entire time period at issue in the Mueller investigation. It starts all the way back before the campaign. To Trump Tower Moscow.
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1 hr 2 min
October 25, 2019 The Report Part XIII: Pardons On The Table
It’s January 2018. Paul Manafort and Rick Gates are in a whole lot of trouble. The past is catching up to them. Three months earlier, they’d both been indicted on multiple felony counts and now it looks like there might be even more charges coming. Gates is getting nervous--they’re facing many years in prison. Manafort tells Gates to relax. He’s talked to the president’s personal counsel. He says they’re going to “take care of us.” Manafort tells Gates he’d be stupid to plead guilty now, “just sit tight, we’ll be taken care of.” Gates wants to be crystal clear on what exactly Manafort’s getting at. So he asks: Is the president going to pardon them?
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56 min
October 18, 2019 The Report Part XII: It Will Never Get Out
It’s February 6, 2018. Don McGahn is back in the Oval Office with President Trump and the new White House chief of staff John Kelly. The New York Times has just published a story reporting that, back in June of 2017, Trump had directed McGahn to have Mueller fired and that McGahn had threatened to resign rather than carry out the order. The story doesn’t look good. Trump says: “You need to correct this. You’re the White House counsel.”

Trump wants McGahn to say it never happened. But McGahn knows that it did happen. The White House Counsel is sticking to his guns. He’s not going to lie. The president asks again. Is McGahn going to do a correction? McGahn feels Trump is testing his mettle, seeing how far he can be pushed. And so he answers: No. He’s not.

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1 hr 1 min
October 11, 2019 The Report Part XI: A Special Counsel
It’s May 17, 2017. White House Counsel Don McGahn is in the Oval Office with the president. McGahn’s job is to represent the office of the presidency, which isn’t quite the same as representing the president personally. It’s a delicate line to walk, and Trump hasn’t made the job any easier. McGahn is supposed to act as the point of contact between the White House and the Department of Justice, to ensure all the rules are being followed. But the president has made clear, he’s not interested in following the rules. Trump has already fired his FBI director. That’s why McGahn is in the Oval that morning, they need to interview a new nominee for the position. Attorney General Jeff Sessions is there too.
Sessions interrupts the meeting. He has an urgent phone call from the Deputy Attorney General Rod Rosenstein, so he steps outside to take it. Sessions returns a moment later and relays the message: Rosenstein has appointed a Special Counsel to oversee the Russia investigation. It’s the former FBI director, Robert Mueller.

Trump slumps back in his chair. He says, “Oh my God. This is terrible. This is the end of my Presidency. I’m fucked.”
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59 min
October 04, 2019 The Report Part X: You're Fired
It’s March 7, 2017. The Senate Judiciary Committee is holding a hearing on the nomination of Rod Rosenstein to be the Deputy Attorney General. Rosenstein’s whole career has been leading up to this moment. He’s a non-partisan sort of guy. He’s served under both President Bush and Obama. Now he’s being elevated to the role of running the day to day at DOJ.

But this hearing is about more than just confirming a new deputy attorney general. On March 2, five days earlier, Attorney General Jeff Sessions had announced his recusal from all investigations involving the 2016 election, a recusal which included the Russia investigation. And so, the moment he becomes deputy, Rosenstein will also become the acting attorney general for the purposes of the Russia investigation.

Rosenstein is confirmed and he’s sworn in on April 26, 2017. But his oath is about to be tested, like never before. Less than two weeks later, President Trump says he wants to fire the FBI Director and Rosenstein decides to help.
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1 hr 4 min

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