Mike Stern, a congressional law expert and former Senior Counsel to the U.S. House, joins Donald Sherman, Executive Director at CREW, to discuss the Senate confirmation process amid changing political tides. They delve into how Senate Democrats can wield their influence for key nominations and the importance of thorough oversight. The conversation also explores the intricacies of recess appointments and the constitutional debates surrounding them, highlighting the balance of power between the President and Congress.

Special Counsel Jack Smith has issued a subpoena to former Vice President Mike Pence as part of the investigation into Trump’s role in instigating the Jan. 6 riot. But Pence has said he’ll fight the subpoena. And he’s pointed to the Speech or Debate Clause—a constitutional immunity that protects members of Congress—on the argument that he was acting as part of the legislative branch when he presided over the electoral count on January 6, 2021.Setting aside Pence’s motives for taking this approach, the merits of the legal argument are less crazy than they might sound. Lawfare senior editors Quinta Jurecic and Molly Reynolds sat down to talk through these issues with two former congressional lawyers: Eric Columbus, who recently served as Special Litigation Counsel in the House Office of General Counsel under Speaker Nancy Pelosi, and Mike Stern, a former senior counsel to the House of Representatives.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

In the course of the Jan. 6 investigation, Congress has voted to hold four Trump associates in contempt and refer them to the Justice Department for prosecution over their failure to comply with subpoenas from the Jan. 6 committee. Steve Bannon was recently found guilty of contempt. One case, that of Peter Navarro, is still moving forward in criminal court. But the Justice Department declined to charge former Chief of Staff Mark Meadows and aide Dan Scavino. Why? A recent filing by the Justice Department in civil litigation brought by Meadows may have some answers.To discuss, Quinta Jurecic sat down with Jonathan David Shaub, a contributing editor to Lawfare and an assistant professor of law at the University of Kentucky J. David Rosenberg College of Law, and Mike Stern, former senior counsel to the House of Representatives. They talked about where the various cases stand and why, and what to make of the Justice Department’s filing spelling out its understanding of the doctrine of testimonial immunity for close presidential advisors. You can read Jonathan’s take on the filing (with Rohini Kurup) here, and Mike’s here.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.