In this episode of Passing Judgment, host Jessica Levinson is joined by Joey Garrison, USA Today's White House correspondent, to navigate the latest developments of the Trump administration. They discuss key topics such as executive orders, federal workforce cuts, tariffs, and the influence of Elon Musk's Doge efforts. Additionally, they explore the Democrats' strategic responses and the congressional dynamics surrounding President Trump's economic and foreign policies.

Here are three key takeaways you don't want to miss:

White House Changes and Cuts: The discussion begins with Joey Garrison outlining the sweeping changes made by the Trump administration, particularly through executive orders aimed at fulfilling promises to the MAGA base. A significant emphasis was on the creation of Doge, led by Elon Musk, which has been actively involved in restructuring federal departments and proposing workforce reductions.

Impact of Tariffs on the Economy: The tariffs imposed on neighboring Mexico and Canada, as well as increased tariffs on Chinese imports, formed another major topic. The discussion touched on the political and economic ramifications of these tariffs, including rising consumer prices, diminished consumer confidence, and negative polling for President Trump on economic management.

Foreign Policy – Ukraine and Russia: A significant portion of the episode covers the meeting between President Trump and Ukrainian President Zelensky, primarily concerning US-Ukraine relations and mineral agreements. The dispute and its implications for US support to Ukraine were discussed, with Trump administration's stance on withholding aid until diplomatic talks are pursued by Ukraine.

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In this episode of Passing Judgment, we explore the Supreme Court’s decision to abstain from ruling on a Trump emergency appeal about firing Hampton Dellinger, head of the Office of Special Counsel. Jessica Levinson and Katie Buehler, Law360's Supreme Court reporter, analyze the nuances of presidential power and the debate over the constitutionality of restricting executive authority.

Here are three key takeaways you don't want to miss:

Supreme Court Decision on Trump Emergency Appeal: The episode discusses the Supreme Court's recent decision not to review an emergency appeal concerning the firing of Hampton Dellinger from his position as the head of the Office of Special Counsel. The court allowed the temporary restraining order, which pauses the firing, to run its course and expire.

Legal Arguments and Statute Constitutionality: The legal argument centers on whether President Trump had to provide a reason for Dellinger's firing, as required by federal law. Trump’s administration argues that the statute requiring a reason is unconstitutional and that the president should have the power to fire at will. This theme explores the larger question of presidential authority and statutory constraints.

Significant Supreme Court Cases: Katie Buehler highlights other significant Supreme Court cases beyond the Trump-related decision, including a case involving the Federal Communications Commission's authority and executive power, as well as cases on religious rights such as opting-out of LGBTQ-related education and funding for religious charter schools.

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In this episode of Passing Judgment, Jessica sits down with Sam Levine from The Guardian to unpack the future of voting rights under the Trump administration. They explore the role of the Department of Justice, the impact of stalled federal legislation, and the current state of the Voting Rights Act. Sam also clarifies common misconceptions about election fraud and administration, highlighting what to watch for in the coming years.

Here are three key takeaways you don't want to miss:

1️⃣ Trump Administration and Voting Rights: Sam Levine outlines the anticipated approach of the Trump administration regarding voting rights, including the potential use of the Department of Justice (DOJ) to challenge election outcomes and influence election administration.

2️⃣ Role and Powers of the Department of Justice: The DOJ's role in enforcing federal laws, particularly civil rights and voting rights laws, is explained. Shifts in administration can significantly alter DOJ priorities.

3️⃣ Election Security and Misconceptions: The podcast addresses common misconceptions about voter fraud and the robustness of election systems. Sam Levine stresses the rarity of voter fraud and the extensive safeguards in place.

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@srl

Jessica speaks with Noah Bookbinder, the President and CEO of Citizens for Responsibility and Ethics in Washington (CREW). CREW's mission statement outlines the organization's activities to "...use aggressive legal actions, in-depth investigations, and innovative policy and reform work" because "Americans deserve a government that is ethical, accountable, and open."

Noah and Jessica discuss efforts to use the 14th Amendment to disqualify lawmakers involved in the insurrection on January 6th, efforts to reform judicial ethics, and more.

Jessica gives a quick update on what happened this week when Baltimore prosecutors decided to drop all charges against Adnan Syed, who has spent the last two decades in prison after being convicted in 2000 of the murder of his ex-girlfriend, Hae Min Lee. Syed's story was brought to national attention in the "Serial" podcast and he has consistently claimed to be innocent of the crimes of first-degree murder, robbery, kidnapping and false imprisonment that landed him in jail.

The Daily Beast's political investigations reporter Jose Pagliery joins Jessica to unravel the morass of legal maneuvers by Donald Trump's lawyers.

Donald Trump's legal team got its special master to review classified documents discovered at Mar-a-Lago in August, but is the situation playing out like they intended? Reporter Jan Wolfe is the business legal affairs correspondent for The Wall Street Journal and he spends a lot of time sorting out questions like that one. He joins Jessica to discuss the multiple ever-developing investigations that seem to be changing by the minute into the former president's business empire and handling of sensitive documents.

Just a few moments ago the Department of Justice submitted a 36-page filing responding to President Trump's claim that a special master should be appointed to review documents the FBI obtained and took from his residence at Mar-a-Lago.

What did the DOJ say and what did we learn?

Hugo Lowell, reporter for The Guardian and regular commentator on MSNBC, joins Jessica to discuss the breaking news of the partial release of the affidavit supporting the warrant to search Trump’s former residence at Mar-a-Lago. What did we learn? Why was the affidavit redacted? Does this mean Trump will face charges? What about this new development has Trump's legal team more concerned than ever before?

There has been a deluge of political and legal news over the past few weeks - especially for midsummer - a typically slow period in the calendar that news junkies sometimes refer to as "the summer doldrums." But not this year. An unprecedented FBI search of a former president's current residence is just the tip of the iceberg when it comes to deepening legal trouble for Donald Trump.

It is time for a regroup and a recap. 

On this week's episode, Jessica breaks down the states of the (multiple) big legal investigations into Trump and his associates and explains which laws are at issue in each case: the investigation regarding January 6th, the documents seized at Mar-a-Lago, possible election fraud in Georgia, and potential business or tax fraud in New York. Will any of these investigations imperil the teflon reputation the former president has when it comes to dodging real legal liability?

In this episode of Passing Judgment, we explore a pivotal Supreme Court case that could redefine federal agency power. Jessica is joined by journalist David Ovalle to unpack the FDA's authority over e-cigarette regulation and the legal battle surrounding its rejection of flavored vape products. Plus, Jessica delves into a critical Supreme Court hearing on transgender healthcare for minors, shedding light on the stakes and potential implications.

Here are three key takeaways you don't want to miss:

1️⃣ FDA Regulation of Vaping Products: There's a high volume of applications for vaping product approvals, but only a few have been approved. The debate surrounds the popular and attractive fruity-flavored vapes, which are targeted for regulation due to concerns about their appeal to young people.

2️⃣ Legal Challenges and Circuit Split: The 5th Circuit Court ruled that the FDA acted arbitrarily and capriciously, a decision that challenges the FDA’s authority and methods. This created a split among appellate courts.

3️⃣ Parent's Rights in Transgender Care Case: A new argument based on the due process clause regarding parents' rights to direct their children's medical care might offer a different legal challenge in the future.

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@DavidOvalle305

Two more big pieces of legal news this week.

First, if Trump is convicted for taking classified documents from the White House, does that mean he is barred from holding federal office again? (Spoiler alert - no).

Second, since Trump took the Fifth in a deposition in the ongoing investigation by the New York Attorney General into the Trump Org, does that mean we can't judge him for that? (Answer - it does not).

This is a breaking news episode of Passing Judgment.

The FBI has executed a search warrant at the private residence of former President Trump.

What does this tell us about the investigation into Trump and whether he will face criminal charges?

Representative Judy Chu stops by Passing Judgment to discuss reproductive rights, marriage equality, and gun control.

Rep. Chu is the lead sponsor of the Women's Health Protection Act, and a supporter of Right to Contraception Act, the Respect for Marriage Act, and tighter gun control measures. She talks with Jessica about those proposed laws and why, in her view, it is time to eliminate the filibuster.

Prof. Cary Franklin, a professor at UCLA's School of Law and the Director of the Center on Reproductive Health, Law, and Policy and the Williams Institute, joins Jessica to talk through the impact of the Supreme Court's decision in Dobbs v. Jackson.

Cary and Jessica discuss the rationale behind the ruling and what it could mean for other rights, including LGBTQ rights and the ability to obtain contraception.

The congressional hearings investigating the events of the insurrection at the Capitol on January 6th of 2021 were supposed to end in June, but progress is being made and additional hearings have been scheduled. Like so many investigations, when you tug on one thread you discover that that thread is connected to many, many others. Why has the committee scheduled more hearings? How has Team Trump changed its strategy as the committee gains traction? Why didn't Trump administration officials reveal the information discovered in the hearings in the immediate aftermath of the deadly event? In this episode, Jessica and Joe review and analyze the latest news from the January 6th committee - where they started, where they are, and where they are going.

This was an epic Supreme Court term.

It is not an overstatement to say this was the most consequential term in at least half a century.

Joe joins Jessica as they walk through the biggest opinions of the term and what they mean for you.

We talk abortion rights, religious rights, gun rights, and the power of the federal government.

Jessica speaks with novelist, essayist and cultural commentator Stephen Marche.

Stephen is the author of The Next Civil War (2022), The Unmade Bed: The Messy Truth About Men and Women in the Twenty-First Century (2016), and The Hunger of the Wolf (2015) among other books.

Jessica interviews Stephen about whether and why America stands at the brink of civil war and what we can do about it.

In this episode of Passing Judgment, we delve into the legal complexities of President-Elect Trump's proposed tariffs. Jessica Levinson explores how power over foreign commerce has shifted from Congress to the President, highlighting key laws like the Reciprocal Trade Agreements Act of 1934 and the Trade Act of 1974. The episode also covers President Biden's controversial pardon of his son, Hunter Biden, examining the constitutional power of presidential pardons, historical precedents, and political implications.

Here are three key takeaways you don't want to miss:

1️⃣ Congressional Abdication of Trade Powers: Jessica Levinson points out that Congress has gradually ceded its constitutional authority to regulate foreign commerce to the executive branch over the past century.

2️⃣ Legal Hurdles for Trump's Proposed Tariffs: Despite President-elect Trump's promises to impose sweeping tariffs on countries like Mexico, Canada, and China, there are significant legal and procedural hurdles to clear. These include mandatory investigations by the Department of Commerce, and potential court challenges under doctrines like the major questions doctrine and nondelegation doctrine.

3️⃣ Presidential Pardons and Political Implications: The episode delves into President Biden's pardon of his son, Hunter Biden, explaining the broad and exclusive presidential power to grant pardons for federal crimes.

Resources Mentioned:

Jessica's MSNBC article

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There are about half a dozen big cases left in the current Supreme Court term that began last October. The 6-3 conservative majority on the Court has an opportunity to make an enormous impact on our country over the next month as decisions will be issued regarding not just Roe v. Wade and the fate of federally protected abortion rights, but also gun rights, religious rights, and the limits of executive authority. And as per usual, the implications for these new decisions affecting other rights looms large. In today's episode Jessica gives a short preview of what to expect.

This week a Court of Appeals held that someone who engages in or supports an insurrection is barred from holding certain public offices. The case involved a challenge surrounding Rep. Madison Cawthorn's candidacy.

Cawthorn last week lost his primary election and will not appear on the ballot for reelection in November, but the precedent - based on a section of the 14th Amendment - has far-reaching implications for other lawmakers who may have participated in the "Stop the Steal" riot. In this episode of PJP, Jessica explains why this crucial clarification goes far beyond the soon-to-be former Congressman Cawthorn.

For more, read Jessica's piece here.

Sarah D. Wire covers the Justice Department and national security for the Los Angeles Times with a focus on the Jan. 6, 2021, insurrection and domestic extremism.

She stops by Passing Judgment to update us on the Committee's work.

It was a bombshell week of legal news this week. A leaked draft opinion revealed that the Court is poised to eliminate abortion protections that have stood for nearly half a century. The opinion - if it is issued in its current form at the end of the term - has far-reaching implications for both abortion rights in America as well as collateral damage to other rights like access to birth control and same-sex marriage. And the unprecedented leak continues to erode the legitimacy of the court.

As expected, America will soon likely look very different, with a patchwork of legal protections for abortion determined on a state-by-state basis. In this episode Jessica talks about the leak, how and why she thinks it took place, and what the fallout may be.

Our guest is David Lazarus, the "Emmy-winning money guy for KTLA Channel 5" and the former business columnist for the Los Angeles Times.

David joins Jessica to talk about the impact of Elon Musk's impending acquisition of Twitter, why Europe might better protect social media users, and why it is important to have consumer affairs reporters.

It's a legal and political roundup! Jessica is joined by Joe.

Topics include -- abortion pills, and whether women in states that outlaw abortion will be able to obtain them; a terrible decision regarding the legality of federal mask mandates; Rep. Marjorie Taylor Greene and whether a Civil War era provision of the 14th Amendment will prevent her from being on the ballot; and Rep. Kevin McCarthy's hypocrisy caught on tape.

Should Americans be required to vote?

E.J. Dionne and Miles Rapoport argue that they should in their new book, 100% Democracy.

Jessica interviews E.J. and Miles and asks them about the pros and cons of their proposal.

Judge Ketanji Brown Jackson will be sworn in as our country's first African American female Supreme Court justice. How will Judge Jackson change the Supreme Court?

Which big cases will the court tackle next term when she is on the court?

What do the confirmation hearings and vote say about our political processes?

This week federal district court judges from opposite sides of the country came out with two big decisions this week. A California district court judge ruled that John Eastman, former advisor to the former president, must turn over some emails to the January 6th Committee. But the big news from the ruling is the judge's conclusion that it is more likely than not that Eastman and Trump engage in criminal conduct. Will Trump and Eastman face criminal charges?

Next, a Florida district judge struck down a portion of Florida's restrictive voting law. The judge found that Florida intentionally discriminated against Black voters. Will the decision stand?

Jessica and Joe break it all down for you.

For more, here are Jessica's pieces on MSNBC. Why this federal judge has had enough of Florida's racist election laws A federal judge's conclusion is more than a stinging rebuke of Trump

In this episode of Passing Judgment, Jessica provides updates on two prominent legal stories. She delves into the Menendez brothers' ongoing legal challenges, including their bids for resentencing, a habeas petition, and clemency, explaining the possible outcomes. Jessica also analyzes a proposed bill by Congresswoman Nancy Mace that seeks to ban transgender individuals from using bathrooms aligned with their gender identity in federal buildings. She breaks down the legal scrutiny surrounding such laws and relevant court precedents. Happy Thanksgiving!

Here are three key takeaways you don't want to miss:

1️⃣ Menendez Brothers Resentencing Claim: They're pushing for resentencing based on their model behavior in prison and the argument that they were victims of severe sexual abuse by their father.

2️⃣ Proposed Transgender Bathroom Bill: Congresswoman Nancy Mace introduced a bill aiming to ban transgender individuals from using bathrooms aligning with their gender identity in federal buildings.

3️⃣ Classification of Law: The bill's focus on transgender individuals can be seen as a quasi-suspect classification, which is subject to intermediate scrutiny.

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Will Judge Ketanji Brown Jackson make history and become the first female African American Supreme Court justice? What happened during the four days of confirmation hearings in the Senate Judiciary Committee?

Could Justice Clarence Thomas be impeached? Given his wife, Ginni Thomas', political activities, should he recuse himself from all cases dealing with January 6th or the 2020 presidential election?

And what did the Supreme Court just say about the religious rights of death row inmates?

Time to analyze President Joe Biden's SOTU address with CBS political contributor Joel Payne.

How did Biden do? Did he pivot and signal a change in his governing style? Are any concrete policies likely to result from the laundry list of wishes included in the speech? Will the speech help Democrats in the midterms?

Judge Ketanji Brown Jackson will make history later this year when she is expected to become the first Black woman to sit on the Supreme Court United States.

Jessica provides you with a quick biographical sketch of Judge Brown Jackson, how her appointment could change the court, and the big cases she'll be deciding next term.

Jessica talks with Tom Nichols, Tom is an expert on international affairs. His work deals with issues involving Russia. He is a contributing writer for the Atlantic and proprietor of “Peacefield” a newsletter at the Atlantic.  

He was a professor at the U.S. Naval War College and at the Harvard Extension School. He was previously a fellow at the Center for Strategic and International Studies, the Carnegie Council for Ethics in International Affairs, and the John F. Kennedy School of Government at Harvard University. And he is the author of numerous books, including Our Own Worst Enemy: The Assault from Within on Modern Democracy.

Tom talks with Jessica about what precipitated Russia's invasion of the Ukraine, whether there was any way to prevent Russia's invasion, and what may happen next. Tom walks us through options that the U.S. and our international allies have to address Russia's acts of war.

In a follow-up to last week's coverage of Sarah Palin's defamation lawsuit against the New York Times, Jessica and Joe report that the judge tossed Palin's case - but that he also allowed the jury to render a verdict. Neither were particularly favorable to Palin, but the unique close to the trial may complicate the situation down the road after Palin issues a near-inevitable appeal. Will the First Amendment rights of the press remain as robust when Palin's defamation accusation is eventually resolved? Also, this week a 1st Judicial District judge ruled that three members of the Trump Organization, namely the former president Donald Trump and his two eldest children, Donald Trump Jr. and Ivanka Trump, must sit for depositions under suspicion of fraudulent business practices. Will they show? And if they do, will they lean on their 5th Amendment protections and not answer questions? Also, in a unique wrap for this week's episode, Jessica gives the absolute latest development of a story on a podcast in a manner that typically happens on live radio - breaking news that former Minnesota police officer Kim Potter was today sentenced to two years for the fatal shooting of Daunte Wright.

It is our first legal roundup of 2022, and intrepid producer and co-host Joe Armstrong returns.

First, former Alaska Governor Sarah Palin took the stand in her defamation suit against the New York Times this week. How did she do? [ANSWER: Not great.]

We also recently learned that although Donald Trump may or may not have been flushing official documents down a White House toilet, he most definitely improperly took some top secret documents with him when he left for Mar-a-Lago in Florida.

Lastly, the Supreme Court this week ruled in Alabama's favor when it came to a recent challenge to congressional redistricting despite a violation of the Voting Rights Act, and Jessica shares some theories about how this "shadow docket" decision may be related to SCOTUS' recent YOLO energy.

In this episode of Passing Judgment, Jessica Levinson is joined by Josh Gerstein from Politico, they explore accusations of conspiring to overturn the 2020 election results in Georgia, recent appeals, and the constitutional questions of prosecuting a sitting president. The episode highlights the Georgia Court of Appeals' decision to pause the case, logistical and legal complexities if Trump were to face jail time, and the broader implications for presidential power. They also discuss the potential impact of a second Trump administration on the DOJ and strategies from the Biden administration to solidify its policies.

Here are three key takeaways you don't want to miss:

1️⃣ Constitutional and Supreme Court Considerations: There is a discussion on whether a state can prosecute a sitting president, involving constitutional implications and the Supreme Court’s views on presidential power and immunity. Historical cases like Clinton v. Jones are referenced.

2️⃣ Trump's Legal Troubles and Sentencing Complexities: Trump's legal issues are detailed, including complications stemming from his behavior during trials, contempt issues, and potential sentencing challenges, especially given his status as a former president.

3️⃣ Transition Strategies of the Biden Administration: Potential strategic moves by the Biden administration to solidify policies before a Trump reentry, such as issuing pardons and "midnight regulations," are contemplated.

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@Joshgerstein

CBS political contributor and veteran Capitol Hill reporter Molly Hooper joins Jessica to discuss the major political stories of the week - including Joe Biden's marathon two-hour press conference. The President took a wide range of questions on a variety of topics, but was more better? With the midterm elections looming larger every day and an ongoing pandemic hampering the healthcare system and the economy, did Biden help or hurt his party, his presidency, or the country?

Joel Payne is a Democratic strategist who worked on Hillary Clinton's 2016 campaign as well as a member of the late Senator Harry Reid's staff. He joins Jessica to discuss the Biden administration's first term. President Joseph Robinette Biden Jr. was sworn in last January 20th in the midst of a maelstrom of foreign and domestic challenges - a raging Covid-19 pandemic, a monumental vaccine rollout, a strong conservative majority on the Supreme Court, and a country divided by years of misinformation and disinformation fomented by the chaotic prior administration - and he moved into the Oval Office two weeks to the day after an unprecedented and violent insurrection at the Capitol that left five Americans dead. But Biden also found himself with narrow majorities in both the Senate and the House and managed to pass a groundbreaking infrastructure bill within months. How did Biden navigate his first year in office? And how is he positioned to guide the United States through the ongoing pandemic, the upcoming midterm elections, and a likely run for reelection in 2024?

Welcome to 2022! This is a special, best-of episode of Passing Judgment, featuring excerpts from some of Jessica's best interviews with guests like Senator Barbara Boxer, America's Debate Coach Dr. Todd Graham, hard-nosed journalist Brian Karem, Nse Ufot, who played no small part in turning Georgia blue in 2020, New York Times legal counsel David McCraw, former white supremacist Arno Arno Michaelis and his ideas on how to heal a divided society, author and political scientist Brian Klaas on how power corrupts, SCOTUS expert Linda Greenhouse, and an emotional account of her experience during the January 6th insurrection from California Rep. Norma Torres.

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