Passing Judgment

What to Expect from a Second Trump Administration with Josh Gerstein


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In this episode of Passing Judgment, Jessica Levinson is joined by Josh Gerstein from Politico, they explore accusations of conspiring to overturn the 2020 election results in Georgia, recent appeals, and the constitutional questions of prosecuting a sitting president. The episode highlights the Georgia Court of Appeals' decision to pause the case, logistical and legal complexities if Trump were to face jail time, and the broader implications for presidential power. They also discuss the potential impact of a second Trump administration on the DOJ and strategies from the Biden administration to solidify its policies.


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


1️⃣ Constitutional and Supreme Court Considerations: There is a discussion on whether a state can prosecute a sitting president, involving constitutional implications and the Supreme Court’s views on presidential power and immunity. Historical cases like Clinton v. Jones are referenced.


2️⃣ Trump's Legal Troubles and Sentencing Complexities: Trump's legal issues are detailed, including complications stemming from his behavior during trials, contempt issues, and potential sentencing challenges, especially given his status as a former president.


3️⃣ Transition Strategies of the Biden Administration: Potential strategic moves by the Biden administration to solidify policies before a Trump reentry, such as issuing pardons and "midnight regulations," are contemplated.





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Passing JudgmentBy Jessica Levinson

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