Harvard Professor Jill Lepore discusses the failed prosecution of Jefferson Davis and the potential legal consequences for Ginni Thomas. They also explore scenarios where Trump is convicted, re-elected, and attempts to overturn his conviction. Topics include historical parallels, accountability, and the revival of Barnes & Noble. They address concerns about political violence, the importance of local reporting, and a lawsuit challenging Montana's environmental policy.
The podcast explores the failed prosecution of Confederate President Jefferson Davis and draws parallels to the potential hesitancy in prosecuting former President Donald Trump for his role in the January 6th insurrection.
The episode highlights the concept of presidential impunity and raises concerns about the balance between not prosecuting former presidents to avoid political retaliation and holding them accountable for their actions.
The difficulties in amending the US Constitution, including the low amendment rate and challenges in the process, are discussed while emphasizing the importance of a more inclusive approach to constitutional amendments.
Deep dives
Failure to Prosecute Jefferson Davis
The podcast episode explores the failed prosecution of Confederate President Jefferson Davis after the Civil War. Despite being charged with treason, Davis was never held responsible for the deaths caused during the war. The fear of an acquittal and the potential political repercussions were cited as reasons for not proceeding with the trial. The episode draws parallels to the predicament of former President Donald Trump and the hesitancy to prosecute him for his role in the January 6th insurrection. It also highlights the concept of presidential impunity and the difficulty in amending the US Constitution. The podcast episode discusses the need for meaningful constitutional amendments and the challenges in achieving them.
Implications of Presidential Impunity
The episode emphasizes the concept of presidential impunity and its implications for the American democratic system. The lack of accountability for leaders like Jefferson Davis and the potential lack of consequences for former President Donald Trump raise concerns about the integrity and fairness of the political system. It questions the balance between not prosecuting former presidents to avoid a cycle of political retaliation and the need to hold them accountable for their actions. The episode acknowledges the challenges in amending the Constitution and highlights the importance of considering and addressing these issues to uphold democracy.
Difficulties in Amending the Constitution
The podcast episode delves into the difficulties in amending the US Constitution. It discusses the low amendment rate and the complex process required to amend the Constitution. The topic of potential constitutional amendments, such as electoral college reform, equal suffrage in the Senate, and Supreme Court term limits, is explored. The episode also highlights the role of the Supreme Court in interpreting the Constitution and the limitations of relying solely on historical precedent. The need for a more inclusive and comprehensive approach to constitutional amendments is emphasized.
The Montana Lawsuit: Protecting the Environment for Future Generations
One of the main ideas discussed in this podcast episode is the Montana lawsuit, in which 16 young people sued the state for violating their constitutional right to a clean and healthy environment by promoting fossil fuel projects. The lawsuit challenged provisions of the Montana Environmental Policy Act and the state energy policy that hindered consideration of the climate impacts of such projects. The plaintiffs argued that children are already being impacted by climate change, with examples like Grace, one of the plaintiffs, whose soccer practices were constantly disrupted by wildfires caused by climate change. The lawsuit aimed to hold the government accountable for protecting the environment and future generations.
The Importance of Local Government and News
The podcast also highlights the importance of local government and news in addressing environmental issues and promoting change. The guests express optimism in the potential for a sweeping reform in local and state government, as well as the resurgence of local news and increased attention to and support for local communities. They emphasize the role of local reporting in combating corruption and holding local officials accountable. They applaud organizations like the Vermont Digger that are doing impactful reporting on limited resources. The hope is that this focus on local efforts will lead to significant positive change in environmental policies and practices.
Harvard Professor of American History and New Yorker staff writer Jill Lepore joins Preet to discuss what happened when the U.S. failed to prosecute Confederate President Jefferson Davis. They also talk about Lepore’s new essay collection The Deadline and how on earth we can make sense of the intervening four years since Lepore last appeared on Stay Tuned.
Plus, could Ginni Thomas face legal peril due to her involvement in the Jan. 6 insurrection? And, entertaining a scenario where (1) Trump is convicted and (2) re-elected and attempts to overturn his conviction(s).
Don’t miss the Insider bonus, where Preet asks Lepore about her aversion to the massively popular film Barbie. To listen, become a member of CAFE Insider for $1 for the first month. Head to cafe.com/insider.
Have a question for Preet? Ask @PreetBharara on Threads, or Twitter with the hashtag #AskPreet. Email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail.
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