Amicus With Dahlia Lithwick | Law, justice, and the courts The New Constitutional (dis)Order
18 snips
Jan 18, 2025 
Pamela Karlan, a renowned constitutional scholar at Stanford Law, and Mark Joseph Stern, a Slate senior writer specializing in legal analysis, delve into the evolving legal landscape as Donald Trump approaches another term. They discuss the implications of recent Senate confirmation hearings and a lack of rigorous questioning surrounding key judicial appointments. The conversation highlights the complexities of prosecuting a former president while addressing issues like birthright citizenship and the urgent fight for reproductive rights amid corporate influence.
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Trump's Response to Jack Smith Report
- Trump's lawyers didn't deny the facts in Jack Smith's report, only its publication.
- This highlights the unprecedented nature of a president refusing a peaceful transfer of power.
Insurrection Charge Uncertainty
- The insurrection statute lacks clear legal precedent, making it difficult to apply to Trump's actions.
- It's uncertain whether trying to prevent a new government qualifies as insurrection.
Suppression of Information
- The fight around the report wasn't about its content, which was already public, but about suppressing it.
- This reflects an authoritarian tactic of creating confusion and distrust in information.
