

"Impeachmentpalooza" - with Constitutional Professor Eric Berger
Josh and Will welcome back our resident Constitutional expert, Professor Eric Berger (See Bio below), to talk about the second impeachment of former President Trump. The conversation starts off with the constitutionality of impeaching a former officeholder and how this isn't as unprecedented as you might think. Then they discuss the different interpretations of the law that might inform the proceedings, including the absence of Chief Justice Roberts presiding over the trial. Professor Berger then explains what Section 3, of the 14th Amendment is and how it might be applied, as well as, the legal risks it poses for the ex-President.
The conversation then switches gears so Will could ask Professor Berger some questions about the expansion of the Supreme Court and get his take on the nomination of Merrick Garland as Attorney General.
Episode Notes
House Impeachment Brief:
President Trump's Defense Brief:
Biden administration has developed a Commission to study reforms to the Supreme Court and the federal judiciary.
Biden nomination of Merrick Garland as Attorney General:
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