Advisory Opinions Presidential Stakes
9 snips
May 14, 2024 The podcast discusses Trump's trials in New York, chilling speech over anti-Israel protests, mocking Michael Cohen, Civil forfeiture SCOTUS ruling, AYER ruling, prison guards shaving a Rastafarian's dreads, and firing gay teachers.
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Risk Of Reversal After Election
- David worries a Trump felony conviction tied to a weak “other crime” theory could be reversed post-election and still shape voters' perceptions.
- A narrow loss with later reversal would be politically destabilizing and fuel institutional distrust.
Ted Stevens Case As A Cautionary Tale
- Sarah recounts the Ted Stevens 2008 conviction that was vacated after prosecutors concealed evidence, costing Republicans a Senate seat.
- That rapid post-election reversal shows how legal failures can change political outcomes months after voters decide.
Conviction Without Proving Underlying Crime
- Sarah argues prosecution needn't prove Trump committed a federal election crime to secure falsified-records convictions.
- They must show he believed he might have broken the law and used falsified records to conceal that belief.