Episode 69 | Dismiss or Get Off The Pot (feat. Brian Greer)
Mar 24, 2024
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This podcast delves into the timeline of DoJ's investigation into a coup plot, Trump's immunity brief filed with the Supreme Court, and Judge Cannon's peculiar order. They also discuss CIPA, Rule 403b, Brady material, and statutes related to conspiracy. The legal battle involving the Presidential Records Act, withholding national defense information, and Trump's defense strategies are analyzed. Additionally, they explore legal maneuvers, judicial dynamics, special counsel appointments, and challenges in appealing final rulings.
Merrick Garland greenlighted an unrestricted investigation into Trump, leading to a prolonged timeline.
DC US Attorney's struggles in prosecuting January 6 rioters under Garland's cautious approach.
Discussion on Judge Cannon's rulings frustration, limited options, and Trump's immunity argument impact.
Deep dives
Merrick Garland's Early Actions in the Investigation
Merrick Garland, upon becoming Attorney General, greenlighted an investigation that could potentially lead to former President Donald Trump and his inner circle. He allowed the probe to proceed with no restrictions, even if it implicated Trump. Garland's cautious approach demanded no shortcuts, resulting in a prolonged investigative timeline.
Challenges within the US Attorney's Office in Washington, DC
The US Attorney's Office in Washington, DC faced personnel issues and struggled with the immense task of identifying and prosecuting January 6 rioters, which became the largest investigation ever undertaken by the Department of Justice. Garland opted not to directly control the investigation, instead handing it over to the DC US Attorney's office under Mike Sherwin, leading to potential complications.
Timeline of Investigation
In February, while awaiting Senate confirmation, JP Cooney proposed expediting elements of the investigation, including seizing Roger Stone's phone. Some individuals at the department voiced concerns about Cooney's intentions, fearing unfinished business, although these doubts are now considered unfounded. The timeline illustrates various steps taken to streamline the inquiry, leading to the focus on key actors.
Challenges with Judge Cannon's rulings
The podcast delves into the frustrations arising from Judge Cannon's rulings and explores limited options available to address questionable orders. Appeals process with narrow outcomes and potential risks associated with seeking remedies like impeachment or mandamus are discussed.
Trump's assertion on presidential immunity
The episode highlights Trump's argument on absolute presidential immunity from prosecution and the potential impact on future presidents' decision-making freedom. The upcoming oral arguments regarding Trump's plea, focusing on immunity scope and implications, are discussed in light of constitutional provisions and historical context.
This week: the New York Times sheds light on the timeline of DoJ’s investigation into the coup plot; Trump’s immunity brief has been filed with the Supreme Court; Brian Greer joins us to discuss Judge Cannon’s odd order regarding jury instructions and the PRA.