Professors Richard Epstein and John Yoo discuss the legal controversies surrounding Donald Trump and Joe Biden. They delve into the cases facing Trump in Georgia, Florida, D.C., and Manhattan, as well as the elusive case of Hunter Biden. They analyze the misapplications of forgery and impersonation charges, debate indicting a former president, and raise concerns about the integrity of Hunter Biden's plea bargain. The professors also explore the legal challenges and vulnerabilities of Trump and Biden for the 2024 election.
The indictment against Donald Trump in Georgia raises questions about the application of RICO to a political campaign and the credibility of the sweeping claims and inclusion of non-illegal acts.
The unusual structure of Hunter Biden's plea deal, with immunity for potential future charges presented in a separate document, raises concerns about its legality and enforceability.
The political dynamics surrounding the Hunter Biden case emphasize the need for an independent figure as a special counsel, which can be influenced by congressional oversight.
Deep dives
The Indictment and Challenges of the Fulton County Case
The podcast discusses the recent indictment against Donald Trump, Rudy Giuliani, and others in Fulton County, Georgia, related to their alleged attempts to influence the allocation of Georgia's electoral votes in the 2020 election. The indictment includes charges under RICO, which is being scrutinized due to its application to a political campaign. The hosts explore the nuances of RICO and its potential limitations in this context. They analyze whether the indictment's sweeping claims and inclusion of non-illegal acts may weaken its credibility. The lack of a strong focal point in the case is highlighted as a potential challenge for the prosecution.
The Strange Plea Deal and Risks of the Hunter Biden Case
The podcast delves into the unusual structure of Hunter Biden's plea deal and subsequent fallout. The plea deal involved two documents, with the immunity for potential future charges being in the second document, not presented to the court. This raises questions about the legality and enforceability of the immunity. The hosts discuss how the plea deal fell apart when the judge raised concerns about the placement of the immunity and the potential ongoing investigation. The discussion also touches on the implications of appointing US Attorney David Weiss as a special counsel despite regulations requiring the appointment to come from outside of the government.
Political Pressure and the Need for a New Special Counsel
The podcast explores the political dynamics surrounding the Hunter Biden case and the appointment of David Weiss as a special counsel. The hosts discuss concerns about conflicts of interest and the need for an independent figure to lead the investigation. They highlight the role of congressional oversight in pressuring for a new special counsel and the potential impact of ongoing hearings on the investigation. The podcast suggests that the House can exert political pressure to push for the appointment of a different special counsel to ensure a full and fair investigation.
The Threats to Trump: Ranked Cases and Potential Legal Challenges
There are four main cases posing potential legal threats to former president Trump. The Mar-a-Lago classified information case is seen as the most significant threat due to the high probability of conviction for violating the classified information procedures. The Manhattan case, regarding hush money payments to Stormy Daniels, is considered legally flimsy and poses the least danger to Trump. The January 6 case falls in between. While the seriousness of the offense is high, the variance in the case is low. Overall, the threat rankings for Trump are: Mar-a-Lago case as the top threat, January 6 case as the second threat, and Manhattan case as the least threatening.
Analyzing the Hunter Biden Case: Potential Crimes and Corruption
The case of Hunter Biden involves allegations of corruption and potential crimes, with the focus on whether money earned by the broader Biden family through business dealings was connected to Joe Biden's influence as a former vice president. While bribery could be difficult to prove since direct quid pro quo is necessary, there are possibilities of charges like bribery if money was directed to family members with Joe Biden's knowledge and control. Additionally, obstruction of justice could be considered if investigations were delayed or previous plea bargains appeared lenient. The case requires further investigation to uncover the truth and examine facts related to possible bribery and improper interference in foreign affairs.
Is Donald Trump toast? Are the walls closing in on Hunter Biden? Those are questions that can’t adequately be answered by two minutes of cable news. Luckily, Professors Richard Epstein and John Yoo are here with one of the all-time deep-dive Law Talk episodes: a thorough look at the cases facing Donald Trump in Georgia, Florida, D.C., and Manhattan as well as the increasingly inscrutable case of Hunter Biden. Which case is most likely to take Trump down? What kinds of questions are raised by the DOJ’s bobbling of the Biden charges? And who’s going to be left standing when the dust clears? All that and more — plus a chance to submit your questions for the professors — on this episode.
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