Decoder with Nilay Patel

Recode Decode: Neal Katyal

Dec 9, 2019
Neal Katyal, a partner at Hogan Lovells and Supreme Court lawyer, delves into his book 'Impeach: The Case Against Donald Trump.' He argues that the evidence against Trump is compelling enough for premature termination of his first term and would advise resignation if he were his lawyer. Katyal discusses the DC establishment's struggle to grasp Trump's dishonesty and predicts that social media's influence will wane during impeachment trials. He also shares insights on the evolving legal landscape regarding tech regulation and the complexities of accountability in modern politics.
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ANECDOTE

Guantanamo and Fairness

  • Neal Katyal, driven by his parents' pursuit of fairness in America, challenged Guantanamo Bay's legal system.
  • He argued that it denied fundamental rights to non-citizens, a principle central to the American ideal.
INSIGHT

Tech Law Gap

  • Technology law is underdeveloped, presenting opportunities for specialized legal expertise.
  • Katyal saw this gap and leveraged his Supreme Court experience to advise tech companies on complex legal issues.
INSIGHT

Tech Regulation Challenges

  • Congress's reluctance to legislate technology, coupled with judges' varying approaches, creates a complex legal landscape.
  • This reluctance stems from a lack of understanding and fear of stifling innovation, leading to outdated laws like ECPA.
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