Will the three remaining cases against former president Donald Trump ever get to trial? After Judge Cannon's controversial dismissal of charges in the classified documents case—and the Supreme Court's presidential immunity decision—the question is not so obvious. In this episode, criminal law expert David Sklansky joins Pam and Rich to discuss these two earthquake decisions, Special Prosecutor Jake Smith's appeal of Judge Cannon's decision, and the ongoing legal battles surrounding Trump.

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford  Law Magazine >>> Twitter/X

Links:

• David Sklansky >>> Stanford Law School Page
• David Sklansky’s Book >>> A Pattern of Violence: How the Law Classifies Crimes and What It Means for Justice 

(00:00:00) Introduction and Overview

Introduction to the podcast, Professor David Sklansky, and overview of the topics: Judge Cannon's decision, special master appointment, and Supreme Court's recent decision on immunity.

(00:01:43) Judge Cannon's Decision and Rationale

Discussion on Judge Cannon's rationale for dismissing the classified documents case, the 11th Circuit's reversal, and the extraordinary nature of her decision.

(00:04:12) Special Counsel Appointment and Historical Context

Examination of the reasoning behind appointing a special counsel, Judge Cannon's strained statutory interpretations, and the long history of appointing special counsels.

(00:07:23) Analysis of Previous Controversial Rulings

Review of Judge Cannon's earlier controversial ruling about appointing a special master, the 11th Circuit's reversal, and consistency in historical interpretations.

(00:13:42) Unitary Executive Theory and Accountability

Discussion on the unitary executive theory, potential motivations behind Judge Cannon's rulings, and whether the case is about presidential accountability or diffusing responsibility.

(00:21:05) Supreme Court's Immunity Decision and Future Implications

Analysis of the Supreme Court's decision to remand the election interference case, challenges and potential outcomes, and the impact on the Manhattan case involving official acts.