The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Nov. 14
Nov 17, 2025
In this discussion, Anna Bauer, a legal reporter specializing in prosecutions, gives a detailed update on the Georgia case against Trump, analyzing the complexities of self-appointments and prosecutorial options. Roger Parloff delves into the legality surrounding U.S. attorney appointments and critical court challenges, while Eric Columbus highlights potential implications of ongoing criminal investigations. Loren Voss examines the litigation surrounding National Guard deployments, questioning definitions of rebellion in the context of Trump's actions.
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New Special Prosecutor In Georgia
- Pete Skandalakis appointed himself as special prosecutor in the Georgia 2020 election case after others declined.
- His appointment leaves many prosecution choices open, from dismissal to carving out discrete charges.
Fake Electors And Pardons Won't Block State Power
- Skandalakis may treat fake electors differently given his prior handling of the Burt Jones matter.
- Trump pardons of co-defendants complicate optics but cannot constitutionally block state prosecutions.
Core Statutory Fight Over Halligan
- The Halligan appointment turns on 28 U.S.C. §546 and whether serial interim appointments defeat Senate confirmation.
- Judge Curry expressed skepticism about the government's statutory and harmless-error defenses.