In the verdict in the second high-profile court case with a strong racial aspect in just five days, a jury today found three white men, Gregory McMichael, Travis McMichael, and William "Roddie" Bryan, guilty in the murder of Ahmaud Arbery. Arbery was jogging in a residential neighborhood in Brunswick, Georgia in late February of 2020 when the three men chased the young black man in their vehicles. Suspecting Arbery was a burglar, Travis McMichael shot and killed Arbery with a shotgun during a scuffle. On this episode, Jessica and Joe break down the 27 charges against the men, how and why the case and the verdict were different from the outcome in last week's Rittenhouse trial, the selection of an almost all-white jury for the murder of a black man in a mostly-white county, and why 75 days elapsed between Arbery's murder and the arrest of the three men.
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Three Men Found Guilty in the Murder of Ahmaud Arbery

Is the constitution in crisis? This podcast is for people who are curious about politics and the law and how the biggest political and legal issues of the moment affect you. Pull up a chair and join host Jessica Levinson, a professor at LMU’s Loyola Law School, and a rotating cast of experts. Jessica will be joined by journalists, politicians, political scientists, lawyers, and many others. 

Listen to Jessica and her guests for a wry, and sometimes irreverent take on the most pressing issues of our time. What are the laws of our democracy? How are they changing? And what does that mean for your daily life?

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In this episode of Passing Judgment, we delve into the intricacies of the New York hush money payment case involving a former president – a state criminal trial of immense historical significance as it's the first to proceed against an ex-commander-in-chief. Host Jessica Levinson, alongside court and justice reporter Ella Lee, unpacks the legal complexities facing the prosecution, particularly the challenge of proving intentional fraud linked to the 34 felony counts of false business records. Join Jessica and Ella as they navigate the tangled web of legal battles surrounding one of the nation's most polarizing political figures. 
 
 Here are three key takeaways you don't want to miss: 
 1️⃣ New York Hush Money Payment Case: This segment introduces the trial concerning former President Trump's alleged hush money payments, which is notable for being the first criminal trial against a former president in U.S. history. There's a discussion on the legal challenges, particularly the difficulty of proving intentional fraud and the connection to another crime. 
 2️⃣ Legal Nuances and Jury Impact: Jessica and Ella discuss anticipated challenges for both the prosecution and the defense. For the prosecution, convincing the jury of the witnesses' credibility, especially Michael Cohen's, is anticipated to be difficult. The defense is expected to face challenges due to the case's high profile and the polarizing figure of Trump. 
 3️⃣ Trial Timing and Political Considerations: Speculation about when other cases might go to trial before the November elections is discussed, including the implications of Department of Justice policies regarding pursuing cases close to elections and considerations judges might have on trial scheduling. 
 Follow Our Host: On Threads: @LevinsonJessica

Dissecting the New York Hush Money Trial Against Former President Trump with Ella Lee

In this riveting episode of Passing Judgment, host Jessica Levinson delves into the intricate legal battles surrounding former President Trump and the classified documents dispute. Our esteemed guest, Sarah Wire of the Los Angeles Times, unveils the complexities of Trump's assertion of ownership over crucial documents, a stance that's been thwarted by Judge Keenan's recent decision. Throughout the episode, we unravel the strategic delays in the courtroom, weigh the public's right to pre-election transparency, and examine how the pursuit of justice is not merely about the charges themselves, but about the far-reaching implications of cover-ups and electoral integrity. Join us as we pass judgment on these crucial issues that define not just legal boundaries, but also the very contours of our democracy.  
 Here are three key takeaways you don't want to miss: 
 1️⃣ Significance of January 6th Insurrection: The podcast also deeply examines the January 6 insurrection, with Sarah Wire sharing firsthand accounts and emphasizing its historical significance. The conversation covers the actions leading to the insurrection, its classification, and the personal impact on those who reported from within the Capitol during the event. 
 2️⃣ Presidential Records Act and Classified Documents: The Presidential Records Act is discussed, particularly in relation to former President Trump's claims over certain records. The rulings by Judges Keenan and Cannon are highlighted, exploring the legal boundaries of document ownership by a president. 
 3️⃣ Public Interest in Trial Information: The episode delves into the debate surrounding the timing of trial information release, particularly in the context of elections. The emphasis is on whether the public should have access to trial details before casting votes and how reporters view their role in this process. 
 
 Follow Our Host: On Threads: @LevinsonJessica 


January 6th Insight: Sarah Wire on Covering Insurrection and National Security

In this episode of Passing Judgment, esteemed author and political analyst Jonathan Alter delves into the complexities of Jimmy Carter's presidency, exploring how external factors such as inflation and unemployment marred its perception. Alter highlights similarities between Carter's challenges and those facing current President Joe Biden, drawing attention to historical influences on today's politics. The episode also examines the New York Hush Money case against Donald Trump, emphasizing its significance for law enforcement and democratic norms. Tune in to this episode of Passing Judgment for an encompassing discussion that charts the precarious balance between law, politics, and the ever-changing tapestry of American leadership. 
 
 Here are three key takeaways you don't want to miss: 
 1️⃣ Comparisons Between Carter and Biden: Alter draws parallels between the presidencies of Jimmy Carter and Joe Biden, observing the influence of past presidents on current political scenarios, along with the challenges they face due to changing times and issues. 
 2️⃣ New York Hush Money Case and Trump: The podcast touches upon the legal troubles surrounding Donald Trump, specifically the New York Hush Money case, and its potential ramifications on the electorate. Alter underscores the gravity of such cases concerning the rule of law. 
 3️⃣ Condition of the Republican Party: There's an assessment of the Republican Party's evolution, particularly its departure from traditional conservative values, allowing the rise of Donald Trump and presenting new directions for the party. 
 
 Follow Our Host: On Threads: @LevinsonJessica

How Trump Compares to Carter and FDR with Jonathan Alter

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. 
 Follow Our Host: On Threads: @LevinsonJessica

Breaking Down Trump's Legal Battles with Ankush Khardori

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. 
 Follow Our Host: On Threads: @LevinsonJessica

Three Men Found Guilty in the Murder of Ahmaud Arbery

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