Passing Judgment

In this episode of Passing Judgment, host Jessica Levinson and guest Ankush Khardori delve into the tangled web of legal challenges surrounding former President Trump. We dissects a series of cases poised to reshape our understanding of presidential immunity and the limits of executive power. Tune in for an episode rich in legal insight, where the implications of these judicial battles are laid bare, revealing a complex mosaic of potential outcomes that could alter the political and legal landscape.

Here are three key takeaways you don't want to miss:

1️⃣ Trump's Immunity and Public Perception: A significant portion of the discussion revolved around Trump's claims of immunity, the consequences of his potential conviction, and public opinion on the matter, noting a poll revealing a potential conviction would negatively impact his support among independents and Republicans.

2️⃣ Michael Cohen's Credibility: Ankush Khardori discussed the use of Michael Cohen’s public statements to question his reliability in the trial, highlighting inconsistent statements and animosity towards Trump. The challenges of proving Trump's knowledge of wrongdoing and rehabilitating Cohen as a witness were also explored.

3️⃣ Mar-a-Lago Case & Jury Instructions: We delve into the Mar-a-Lago case, with a particular focus on proposed jury instructions and Judge Eileen Cannon's rulings. We voiced concerns about the legality and implications of the proposed instructions and the judge’s perceived favorable treatment of Trump's arguments.

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On Threads: @LevinsonJessica

The latest episode of Passing Judgment dives into critical legal discussions surrounding charges against a former president, touching on both state and federal levels. Host Jessica Levinson, with guest Kyle Cheney from Politico, delve into the recent developments within the Georgia election interference case. Join us as we pass judgment on the rule of law, dissect the possible chaos this could sow in Congress, and interpret the maze of legal arguments presented in these monumental cases.

Here are three key takeaways you don't want to miss:

1️⃣ DC Interference Case and Supreme Court Decisions: There is significant attention on the potential chaos that could arise from the Supreme Court's unanimous decision that states do not have the authority to determine eligibility under Section 3 of the 14th Amendment. The concern revolves around the question of whether any Congress should count the electoral votes of a candidate considered ineligible for the presidency, potentially leading to chaotic scenarios in Congress, particularly by January 2025.

2️⃣ The Georgia Case and Racketeering Charges: The Georgia case involving the former president's alleged election interference continues to face challenges. Although Judge Scott McAfee dismissed six charges related to soliciting Georgia officials to violate their oath of office, the core racketeering charges remain intact. The discussion indicated that the prosecutor's office is currently mired in its own controversies, making it uncertain if they will appeal the ruling or refile the charges.

3️⃣  Federal Case Developments in Georgia and Florida: The federal case in Florida about the unlawful retention of documents at Mar-a-Lago is being discussed in court with motions to dismiss based on the Espionage Act and the Presidential Records Act. Trump’s legal team argues for the motion to dismiss, claiming the statutes have not been used in this manner against a former president and raises the issue of whether Trump had fair notice of potential charges. However, the judge has not indicated any decision on the case schedule.

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In this episode, we dive into the complex intersection of TikTok and the First Amendment. Jessica Levinson breaks down the ongoing debate surrounding a proposed bill that could impact the popular social media app. Join us as we explore the constitutional implications, the distinction between speech and conduct, and the fascinating first amendment questions that arise from this contentious issue.

Here are three key takeaways you don't want to miss:

1️⃣ National Security vs. Free Speech: The federal government argues that the ban is necessary due to national security concerns, believing that TikTok's Chinese ownership could compromise the privacy and national security of American users.

2️⃣ First Amendment Implications: While the government claims it's not a ban on speech, but rather a restriction on commercial conduct, there are strong arguments that this could infringe on the First Amendment rights of both the app and its users.

3️⃣ Legal Challenges: If the bill becomes law, it's likely to face First Amendment challenges in court, with the level of scrutiny on the legislation being a pivotal point of contention.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we explore the latest legal bombshell dropped by the Supreme Court. With an unanimous ruling, the Court determined that states do not have the power to enforce section 3 of the 14th Amendment, which deals with the eligibility of federal candidates. Join us as Jessica dissects the details and disagreements within the Court's opinion and explores its potential impact on future elections and congressional power.

Here are three key takeaways you don't want to miss:

1️⃣ The Supreme Court Ruling: The Colorado Supreme Court's decision was overturned unanimously by the Supreme Court, which held that the state exceeded its authority in determining a federal candidate's eligibility under a specific constitutional amendment.

2️⃣ Implementation and Implications of Section 3: The court's opinion was delivered per curiam, representing the entire bench, with the conservative and liberal justices offering differing perspectives on how Section 3 of the 14th Amendment can be enforced.

3️⃣ Disagreement Between Conservative and Liberal Justices: The ruling highlights the fracture lines within the court, with disagreement on the extent to which Congress can exclude an individual from holding office based on Section 3.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we explore the recent oral arguments in two cases concerning social media, state laws, and the First Amendment. We walk through the complexities of the justices' struggle to establish a legal framework for addressing content moderation by social media platforms, highlighting the unprecedented nature of these issues in the context of constitutional law. Tune in for an informative discussion on the ever-changing landscape of law and the profound impact it has on our lives.

Here are three key takeaways you don't want to miss:

1️⃣  Big Supreme Court News: The Supreme Court's decision to hear the case regarding a former president's immunity from criminal prosecution has significant implications. This case raises critical questions about the constitutionality of immunity for a former president and the potential impact on future legal proceedings.

2️⃣  Cases Involving Internet, First Amendment, and Social Media: The recent oral arguments on state laws attempting to regulate social media platforms' content moderation choices brought to the forefront the absence of a clear constitutional framework and precedents for addressing such modern technological issues. The Justices' struggle to fit these cases within existing legal categories highlights the need for new frameworks to address emerging technology-related legal concerns.

3️⃣  Role of Congress: The lack of national standards from Congress further complicates the situation, leaving the Justices in a dilemma about who should be making decisions regarding the regulation of social media content moderation.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we dive into the high-profile defamation cases filed by journalist E. Jean Carroll against former President Donald Trump. Our guest for today is Erica Orden, a reporter for Politico, who was at the forefront of the courtroom proceedings. Join us as we explore the legal intricacies of the case, the jury's decision, the behavior of the involved parties, and the impact of Trump's presence during the trial.

Here are three key takeaways you don't want to miss:

1️⃣ Trump's Behavior: Trump's conduct in the courtroom likely influenced the jurors' decision in the second trial. It raises questions about his ability to comply with court etiquette and handle upcoming criminal trials where his presence is mandated.

2️⃣ Judge Kaplan's Firm Hand: Judge Kaplan's strict demeanor and rules within the courtroom shed light on the tension and emotion present during key testimonies, and provide insights into the judiciary's handling of complex legal battles.

3️⃣ Attorney Roberta Kaplan's Effort: Renowned for her pivotal legal battles, Roberta Kaplan's role in advocating for her client, E. Jean Carroll, demonstrates the significance of a well-prepared and experienced legal team in navigating high-stakes trials.

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On Threads: @LevinsonJessica

In this week's gripping episode of "Passing Judgment," host Jessica Levinson and esteemed guest, Lawrence Hurley of NBC News, unpack the complexities of Trump's request for immunity and the potential consequences for our legal system. Join them as they dive into the mechanics of our judicial system, and the razor's edge upon which current events balance. ⚖️

Here are three key takeaways you don't want to miss:

1️⃣ Supreme Court Decisions: How upcoming Supreme Court rulings could reshape the election landscape and set precedents on presidential immunity.

2️⃣ Separation of Powers: The implications of the DC Circuit's stance against absolute immunity and what it means for the checks and balances of our system.

3️⃣ Legal Uncertainty and Timeline: The potential paths the Trump-related cases might take and the associated uncertainties that could affect the trial and election timelines.

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On Threads: @LevinsonJessica

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On Threads: @LawrenceHurley

In this episode of Passing Judgment, we're delving into the Colorado Supreme Court's recent ruling on whether former president and potential 2024 candidate, Donald Trump, can appear on the state's primary election ballot. We'll break down the legal arguments, the potential implications, and why this decision may land in the hands of the U.S. Supreme Court. Join us as we analyze the constitutional issues at play and examine the political dynamics surrounding this case.

Here are three key takeaways you don't want to miss:

1️⃣ Section 3 of the 14th Amendment: The Colorado State Supreme Court relied on this little-known section to justify its ruling. This section, which was implemented after the Civil War, aims to prevent individuals who engaged in an insurrection or provided aid or comfort to insurrectionists from serving in federal office.

2️⃣ An Uncertain Future: The case presents a complex legal and political dilemma, raising questions about the role of the Supreme Court in determining the eligibility of presidential candidates.

3️⃣ The Supreme Court Conundrum: The episode delves into the possible paths the Supreme Court could take, the political pressure at play, and the potential ramifications of the Court's decision.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, Jessica Levinson dives into a thought-provoking discussion with guest, novelist and essayist, Stephen Marche. Together, they dissect the corrosive impact of money in American politics, the flaws in the electoral college system, and the urgent need for profound electoral reforms.

Here are 3 key takeaways from the episode:

1️⃣ Money in Politics: The conversation delves into the damaging effects of unlimited corporate spending in elections, the influence of dark money mechanisms, and how fundraising can shape politicians' priorities and actions.

2️⃣ Flaws in the Electoral College System: We discuss the significant flaws in the electoral college system and express concern about its potential collapse, leading to an illegitimate government.

3️⃣ Necessity for Electoral Reforms: From the limitation of campaign spending and donations to open primaries, it's clear that significant changes are needed to address corruption, ensure the legitimacy of the political system, and empower a more representative democracy.

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On X formerly known as Twitter: @StephenMarche

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On X formerly known as Twitter: @LevinsonJessica

In this episode of Passing Judgment, we discuss the upcoming presidential election with Professor Michael Genovese, President of the Global Policy Institute at Loyola Marymount University. Join us as we delve into the complexities of presidential politics, and examine the impact of media sensationalism, the challenges of giving up power, and the qualities critical for a great president.

Here are three key takeaways you don't want to miss:

1️⃣ The Impact of Political Spectacle: The political landscape has become dominated by spectacle, with the media and public more focused on personalities and entertainment rather than policy.

2️⃣ Leadership Qualities: Drawing from historical perspectives on leadership, such as George Washington and Abraham Lincoln, the conversation underscores the significance of leaders prioritizing the welfare of the people and the country over personal ego.

3️⃣ Presidential Elections and Political Dynamics: The episode delves into the dynamics of presidential elections and the influence of political tribalism; touching on scenarios where leaders may resist relinquishing power and the role of the media and public in shaping political narratives.

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On Threads: @LevinsonJessica