Versus Trump
168 episodes - English - Latest episode: over 3 years ago - ★★★★ - 184 ratingsOn Versus Trump, we discuss how the Trump Administration is breaking the law, and what people are doing about it.
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Episodes
Trump Versus ALJs?
August 02, 2018 10:00 - 42 minutes - 38.8 MBThis week, Jason and Easha discuss a new executive order and accompanying guidance by the Trump Administration that dramatically change the rules for hiring Administrative Law Judges (ALJs) across the entire federal government. Easha starts the discussion by explaning the background of the federal bureaucracy, what role ALJs play, and why that role has changed after the Supreme Court's recent decision in Lucia v. SEC. They then discuss the Trump Administration's response to Lucia, which, t...
SALT In The Wounds
July 26, 2018 10:00 - 48 minutes - 44.3 MBOn this week's episode of Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by four blue states contending that the new cap on deducting state and local taxes—passed as part of the 2017 tax bill—is unconstitutional. Charlie starts the discussion by explaning the background of the federal treatment of state and local taxes, and what the new tax law changed. They then discuss the legal claims by the states, which fall into a few different buckets. First, does the law violate the o...
Versus The Trump Foundation
July 19, 2018 10:00 - 46 minutes - 43.1 MBOn this week's episode of Versus Trump, Jason and Charlie discuss the New York Attorney General's petition to dissolve the Trump Foundation and ban President Trump and his children from serving as directors of charities in the future. They then do some a hit on the new Mueller indictment. Jason starts the discussion by explaning Trump's non-profit Foundation, the role of states in regulating non-profits, and the rock-solid evidence produced by the New York Attorney General that, for many y...
Kavanaugh's Coming, Plus Updates
July 12, 2018 10:00 - 36 minutes - 33.9 MBOn this week's episode of Versus Trump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Charlie starts the discussion by mentioning an unconfirmed report that Justice Kennedy had been in contact with the Trump Administration before his retirement and perhaps had even been assured that Judge Kavanaugh would be nominated to replace him. ...
Texas and Trump Versus the ACA
July 05, 2018 10:00 - 48 minutes - 42.7 MBThis week, Jason, Charlie, and Easha are back with a regular episode to discuss a stunning recent development in Texas v. United States, a case by Texas seeking to invalidate the Affordable Care Act (Obamacare). Last month, the Trump Administration not only agreed with Texas that the individual mandate is unconstitutional, but it also told the district court that the requirement to cover everyone with a pre-existing condition on the same terms as healthy folks should be struck down as well. ...
Versus Mueller
June 28, 2018 10:00 - 45 minutes - 41.6 MBAfter two special interview episodes of Versus Trump, Jason and Charlie get back to the usual format and talk about the leaked Dowd memo arguing that President should not be required to sit for an interview with the Special Counsel. Jason and Charlie start the discussion with a summary of the Dowd memo, which was written in January by the President's lawyer and explains why the President need not sit for an interview with the Special Counsel. Jason and Charlie discuss a legal error in the d...
To End a Presidency? (Interview with Joshua Matz)
June 21, 2018 10:00 - 53 minutes - 49 MBOn this week's episode of Versus Trump, Jason talks about the past, present, and future of impeachment with Joshua Matz. Joshua is the publisher of Take Care and the co-author, with Laurence Tribe, of the acclaimed new book To End a Presidency: The Power of Impeachment. Jason and Joshua start the discussion with the history of impeachment, and Joshua explains why the Framers permitted impeaching the President in the first place. They then discuss what impeachable offenses are, and Joshua e...
Versus Trump Live: Fairweather Federalism
June 14, 2018 10:00 - 41 minutes - 38.3 MBOn this week's special live episode of Versus Trump, Easha, Charlie, and Jason share the stage at the ACS National Convention in Washington, DC with Maryland Attorney General Brian Frosh and Stanford Law's Pamela Karlan. They discussed several important cases brought by states against the Trump Administration as well as the broader federalism issues presented by Democratic Attorneys General being involved in so many lawsuits against the federal government. As usual, you can listen online bel...
ACS Live Show Preview + Twitter Update
June 07, 2018 07:01 - 38 minutes - 35.2 MBThis week, Easha and Jason preview their live show at the ACS National Convention and then discuss the recent decision concluding that President Trump violated the First Amendment when he blocked seven Twitter users from responding to his tweets. They start the episode by previewing their live episode, which will take place on Saturday, June 9, at the ACS Convention in Washington, DC. With special guests Maryland Attorney General Brian Frosh and Stanford Law Professor and former Obama Admi...
An Immigration Omnibus
May 31, 2018 10:00 - 44 minutes - 40.7 MBThis week, Easha, Charlie, and Jason discuss recent important cases in the world of immigration, including a new lawsuit contending that the Trump Administration may not pursue its apparent policy of legally separating immigrant children from adults that they enter the country with. They start the discussion by detailing a new case filed by the ACLU called Mrs. L. v. ICE. The case, filed in San Diego, contends that the Trump Administration's apparent policy of separating families who prese...
The Fiduciary Rule Comes And Goes
May 24, 2018 10:00 - 41 minutes - 38.3 MBOn this week's episode of Versus Trump, Easha, Charlie, and Jason discuss the Fifth Circuit's recent decision striking down the so-called "Fiduciary Rule" that would have required those who sell retirement investment products in 401(k) plans to act in the best interests of their clients. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. They start the episode by discussing how Congress has regulated the management of retirement ac...
Preventing The Prevention Of The Teen Pregnancy Prevention Program
May 17, 2018 10:00 - 49 minutes - 45 MBThis week, Easha, Charlie, and Jason discuss a series of recent rulings that have stopped the Trump Administration from revoking federal grants to entities that have been working to reduce teen pregnancy. They start the episode by discussing the creation of the Teen Pregnancy Prevention Program in 2010, and then they explain how the Trump Administration last summer stopped renewing grants that were supposed to last until 2020. They then analyze the recent rulings that have found the Trump A...
So, What's New?
May 10, 2018 10:00 - 34 minutes - 31.8 MBOn this week's episode of Versus Trump, Easha and Jason reveal their big announcement: we're doing our first ever live show! We'll be on stage on the afternoon of Saturday, June 9, at the ACS National Convention in Washington, DC. After that excitement, they get into a handful of updates about cases about auto emissions, HUD programs, the ban on military service by transgender individuals, and more. First things first: we'll be live and on stage at the ACS National Convention on the aftern...
The Great Marijuana Debate
May 03, 2018 10:00 - 51 minutes - 47.4 MBThis week, Easha, Charlie, and Jason continue their investigation of the relationship between federal and state law by debating the Trump Administration's reversal of Obama-era guidance about marijuana enforcement. The three start the conversation with a recap of the law with respect to recreational marijuana. While possession, sale, and distribution of the drug is illegal under federal law, several states now have in place comprehensive regimes permitting the sale and regulation of marijua...
Trump Versus California
April 26, 2018 10:01 - 58 minutes - 53.2 MBThis week, Easha, Charlie, and Jason discuss the Trump Administration's lawsuit against California. The lawsuit seeks to prevent the state from enforcing three new state laws that the federal government says will undermine enforcement of immigration law. The three start the conversation with a summary of the law of federal preemption, which provides that federal laws must trump—no pun intended—conflicting state laws. They then proceed to analyze each law at issue. The first California statu...
The View From 10,000 Feet (Joshua Matz Speech)
April 19, 2018 10:05 - 44 minutes - 41.2 MBOn a new episode of Versus Trump, we bring you a podcast version of the speech that Take Care publisher Joshua Matz gave at Harvard Law School on April 3, 2018. The talk, titled "The Legal Resistance to Trump," describes themes, achievements, and limitations of various lawsuits challenging the Trump Administration and its policies. Joshua's forthcoming book, which is co-written with Laurence Tribe, is called To End a Presidency: The Power of Impeachment, and it will be released on May 15. As...
Movin' Right Along
April 12, 2018 10:30 - 44 minutes - 40.6 MBIn this week's episode, Jason and Charlie revisit two lawsuits in which the Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen. Jason and Charlie start the discussion by discussing DC and Maryland v. Trump, an Emoluments Clause case. They discuss the district court's recent decision holding t...
The Citizenship Question
April 05, 2018 13:05 - 46 minutes - 42.3 MBOn a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Jason and Easha start the discussion by explaining the purpose of the decennial Census and the history of the Census Bureau's collecting information about citizenship. They then discuss how and when the Trump Administration decided to add a question about citizenship on the next Census, and they explain why the addition o...
Voting Wars and Justice Scalia, with Rick Hasen
March 29, 2018 16:57 - 46 minutes - 42.7 MBOn a new episode of Versus Trump, Jason talks to Rick Hasen, a leading election law scholar and purveyor of the Election Law Blog, about what's going on at the voting booth, possible campaign finance law violations by both Trump and Clinton in the 2016 cycle, and Justice Scalia, who is the subject of Rick's new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption. Jason and Rick start the discussion by looking at this Administration's record on voting rights, ...
Can The Government Execute Drug Dealers?
March 22, 2018 13:41 - 31 minutes - 28.8 MBThis week, Easha and Charlie take a quick gander at Donald Trump's proposal to seek the death penalty for drug dealers. For starters, Easha and Charlie walk through what the Constitution has to say about imposing the death penalty (hint: surprisingly little). They then explain the concepts of felony murder and conspiracy, two theories under which a drug dealer might be found guilty of murder. Charlie gives a quick overview of what the federal death penalty statute already authorizes, and t...
Versus David Dennison
March 15, 2018 11:54 - 41 minutes - 38 MBOn a new episode of Versus Trump, Easha, Jason, and Charlie discuss do a near-live episode about Stormy Daniels' lawsuit against David Dennison—we mean, Donald Trump. They start the episode by summarizing Daniels' unusual lawsuit, which asks a court to invalidate a non-disclosure agreement that she signed in October of 2016 that is supposed to prevent her from talking about an alleged affair between her and Trump. Daniels claims that the agreement is invalid, both because it was never sign...
California Versus The Wall
March 09, 2018 05:04 - 56 minutes - 51.4 MBEasha, Jason, and Charlie discuss a recent district court opinion that rejected California's challenge to the Trump Administration's expedited border wall projects in California. They start the episode by discussing the boringly-named but legally-interesting opinion in In Re: Border Infrastructure Environmental Litigation. As they explain, the plaintiffs in this case are California and several environmental groups, and all have challenged the Trump Administration's waiver of state and fede...
Russia Check-In
March 01, 2018 11:05 - 40 minutes - 37.5 MBOn a new episode of Versus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. They start the episode with some commentary on the case of Alex Van Der Zwaan, the former Skadden Arps associate who pleaded guilty to a charge of lying to the FBI. That leads to a discussion of conspiracy liability, why the charges are being brought in the way they have been, and how strange it is to charge a law firm associate wi...
Are There Lawsuits About Gun Regulation?
February 22, 2018 05:07 - 47 minutesOn a new episode of Versus Trump, Easha, Jason, and Charlie discuss what's going on in courts related to gun regulation. They start the episode by describing Giffords Law Center v. ATF and related cases, which are Freedom of Information Act suits requesting records of DOJ and ATF that might reveal how coordinated the Trump Administration has been with the NRA and other pro-gun interests. They then wonder whether the suits might really move the needle of our policy discussions. The episode the...
Are Medicaid Work Requirements Legal?
February 15, 2018 04:25 - 56 minutesOn a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Jason and Easha start with the basics: What is Medicaid, how do the states and the federal government interact, and what do states need to receive approval to deviate from th...
The House Versus The FBI
February 08, 2018 11:18 - 49 minutesOn the latest episode of Versus Trump, Charlie and Easha talk all things Russia investigation (or tangentially Russia investigation)—the Nunes #meh-mo, the fallout therefrom, and whether Trump will be interviewed by the Special Counsel.Charlie and Easha start with the basics: What is FISA, and how did the Department of Justice get a warrant to listen in on Carter Page's communications? They go through the flaws in the Nunes memo, but they conclude that even if the Nunes memo had been 100% acc...
Is There A Freedom To Say Goodbye?
February 01, 2018 04:31 - 43 minutesOn a new episode of Versus Trump, Charlie and Jason discuss an unexpected recent opinion that held that Ravi Ragbir, an immigration activist and alien subject to deportation, had the "freedom to say goodbye" before he could be removed from this country. Charlie and Jason begin by discussing Ragbir's background and the nature of his immigration case, and they focus on the events of January 11, 2018, when Ragbir was taken into custody and put on a plane to be removed from the country with no sp...
Suing To Stop A Shrinking Staircase
January 25, 2018 05:38 - 43 minutesOn a new episode of Versus Trump, Easha and Jason discuss several lawsuits filed over President Trump's recent Proclamation that substantially cuts the size of two National Monuments: Bears Ears National Monument and Grand Staircase-Escalante, both in Utah. They begin the discussion by discussing what national monuments are, how they can be designated under the Anitiquities Act of 1906, and how the President decided to shrink the boundaries of these two national monuments. They discuss the ar...
DACA's Back!
January 18, 2018 06:52 - 56 minutesOn a new episode of Versus Trump, Easha, Jason, and Charlie discuss the big decision that forced the Trump Administration to restart the DACA immigration program. They begin the discussion by summarizing the lawsuit over the revocation of DACA. They then to turn four buckets of issues in the district court's two opinions. For buckets one and two, they discuss whether DACA is a decision that is "committed to agency discretion" or whether it's a broad policy, and then they delve into the Admini...
Manafort Sues, and Trump Threatens To
January 11, 2018 05:39 - 58 minutesOn a new episode of Versus Trump, Jason, Easha, and Charlie tackle an unexpected new lawsuit against the Trump Administration by, of all people, former campaign chair Paul Manafort. And they discuss the President's threats to sue the publisher of Fire and Fury for defamation. They begin the discussion by summarizing the Manafort v. DOJ lawsuit. While everyone agrees it's an unusual and likely meritless lawsuit, Jason wonders why more people aren't a little bit more sympathetic to a novel atte...
2017 Scorecard
January 04, 2018 06:04 - 52 minutesOn the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018.Charlie and Jason begin the discussion by evaluating the cases that fall in the "big case" bucket: litigation involving the Muslim Ban, the Emoluments Clause, military service by transgender people, the revised contraceptive mandate, and the attempt to revoke funding from sa...
Judges of Christmas Future
December 21, 2017 05:38 - 50 minutesOn this week’s Versus Trump holiday spectacular, it's all judges, all the time. Charlie, Jason, and Easha take a closer look at a number of the President's judicial nominees—confirmed, pending, and withdrawn—to examine what might happen to Versus Trump cases in years to come.Charlie, Easha, and Jason begin the discussion with a quick overview of the structure of the federal court system and talk about the importance of Trump's nominations to the Court of Appeals and District Court. Charlie th...
#MeToo Versus Trump
December 14, 2017 03:25 - 54 minutesOn this week’s episode of Versus Trump, Charlie, Jason, and Easha talk about a defamation lawsuit brought by Summer Zervos, a woman who alleges that she was sexually assaulted by President Trump in a hotel room in 2007. Charlie, Easha, and Jason begin by discussing the facts in the lawsuit and then [at 5:00] quickly move to the first reason that President Trump has asked the court in New York to dismiss the case: the sitting President cannot be sued in state court. That leads to some deep cut...
Versus Trump: Trump Versus Anti-Discrimination Laws (with guest Joshua Matz)
December 07, 2017 12:25 - 54 minutesOn this week’s episode of Versus Trump, Charlie, Jason, and Easha are joined by Take Care publisher Joshua Matz to talk about the Masterpiece Cake Shop oral argument, plus the status of Muslim Ban litigation and the future of Take Care. On Tuesday, the Supreme Court heard argument in the Masterpiece Cake Shop case, which presents the question of whether a baker in Colorado may refuse to create a wedding cake for a same-sex wedding even though Colorado prohibits retailers from discriminating o...
Trump The Trustbuster (Interview with Lina Khan)
November 30, 2017 05:24 - 33 minutesOn this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Charlie and Lina first discuss the background of antitrust law and the mechanics of how the Department of Justice reviews mergers for antitrust concerns. Lina then explains the difference between vertical and horizontal mergers and explains why...
Borderline Searches + Response to First Mondays
November 16, 2017 05:09 - 48 minutesOn this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's cell phones and other electronic devices at the border, and they also [at 32:30] respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case.First, Jason and Charlie tackle border searches of cell phones and laptops by di...
Updates, Y'all!
November 09, 2017 05:30 - 42 minutesYou want updates, so we've got updates! We begin [at 1:50] with the very unusual goings-on in a case everyone thought was over: the Jane Doe litigation over access to abortion while in immigration detention, a case now called Hargan v. Garza. We then turn [at 13:00] to litigation involving the ban on military service by transgender individuals. Next up [at 21:00]: the Muslim Ban, which is now on version 3.0. After that, [at 25:00] we turn to deeper cuts, and update you on the progress of a la...
The First Shoe (with guest David Sklansky)
November 02, 2017 04:06 - 48 minutesOn this week’s episode of Versus Trump, Jason, Charlie, and special guest Professor David Sklansky discuss the first shoe to drop from the Mueller investigation: the indictment of Paul Manafort and Rick Gates, and the guilty plea of George Papadopoulos. We begin [at 2:00] by describing the legal charges and the key factual takeaways from the charging documents. We're then [at 11:00] joined by Stanford Law Professor and former federal prosecutor David Sklansky to go in-depth on several key iss...
Emergency Pod: JD v. DHS
October 26, 2017 15:53 - 48 minutesOn today's episode, Easha and Charlie discuss an ongoing—wait, just now resolved—case filed by a pregnant 17-year-old girl in federal immigration custody who seeks an abortion. Easha and Charlie first talk about the procedural wrangling that this case has wrought and second about the legal claims in the case, which bring them into the exciting worlds of reproductive rights, immigration law, and international relations. Listen now! See acast.com/privacy for privacy and opt-out information.
Pardon Our Tone
October 19, 2017 05:00 - 45 minutesOn this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon.The discussion begins with a quick discussion of why Arpaio was charged with criminal contempt in the first place, and how several outside organizations are trying to contest the validity of the pardon by asking the district court not to dismiss the case against Arpaio. Easha then [at 6:00] gives us an overview of t...
The Contraception Mandate Challenges
October 12, 2017 13:19 - 45 minutesOn this week’s episode of Versus Trump, Easha and Jason discuss the Administration's drastic expansion of the number of companies that may now offer health insurance that does not cover birth control, as well as several lawsuits that were immediately filed challenging these new regulations. The discussion begins with a recap of the new interim final rules, which both greatly expand an existing, narrow exemption for religious organizations and also permit employers to exempt themselves from co...
So, Can California Really Do That?
October 05, 2017 00:54 - 48 minutesOn this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. The discussion begins with an explanation [at 3:00] of the California bill, SB 149. Charlie and Jason then [at 5:00] get into the meager caselaw in this area, which centers around whether s...
[This Episode Blocked]
September 28, 2017 15:02 - 47 minutesOn this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. The episode begins with an explanation of the case, including what the plaintiffs said on Twitter to get themselves blocked, what the effects of the President's Twitter block are, and the general rules of the road under the First Amendment. We then [at 16:00] div...
The FOIA Spectacular!
September 21, 2017 05:28 - 38 minutesOn this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act.The episode begins with some background on the way FOIA works, including some necessary information about who can file requests for information and what government records must be turned over to inquiring citizens. Charlie and Easha then [at 7:00] give some background on two recent FOIA cases asking for information from the Trump Administration: the first requesting visito...
Keeping the DREAM Alive
September 13, 2017 23:01 - 42 minutesOn this week’s episode of Versus Trump, Jason and Charlie discuss President Trump’s revocation of the DACA (Deferred Action for Childhood Arrivals) program and a lawsuit filed by several state attorneys general against the revocation. We begin with some background on the DACA program—including a back and forth [at 6:45] on whether DACA was valid in the first place (a subject we revisit later on [at 18:05]). Then we discuss the specifics of Trump’s order [at 8:29], and get right into the lawsu...
Versus DeVos (Re-Air)
September 07, 2017 04:13 - 38 minutesOn this week’s encore episode of Versus Trump, we welcome the start of the school year by re-airing Jason's interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. We'll be back soon with new episodes.We start our interview with a discussion of what for-profit colleges are and the problem Toby's Clinic is designed to solve. We then [at 11:...
Waking Dreamhost
August 31, 2017 04:41 - 39 minutesOn this week’s episode of Versus Trump, we talk about web-hosting company Dreamhost's refusal to cooperate fully with the Trump Administration's broad request for information about the visitors to DisruptJ20.org, a website allegedly used by those involved in an Inauguration Day riot. We begin the episode [at 2:00] by discussing the background of the case. Over 200 people were charged in connection with an Inauguration Day riot in Washington, D.C., and, during the investigation, the U.S. Attor...
Trump vs. The CFPB
August 24, 2017 04:29 - 39 minutesOn this week’s episode of Versus Trump, Jason and Charlie talk about the Trump Administration's position in a lawsuit contending that the structure of the Consumer Financial Protection Bureau—commonly known as the CFPB—is unconstitutional, because its sole director does not serve at the pleasure of the President but instead serves a set term and can be terminated only for-cause. We begin the episode [at 2:00] by explaining what the CFPB does and how it's structured as an independent agency wi...
The Voting Wars (Marc Elias Interview)
August 17, 2017 03:33 - 40 minutesOn this week’s episode of Versus Trump, we have an interview about voting laws and litigation with former Hillary for America General Counsel and current voting rights superlawyer Marc Elias. First [at 2:00], Charlie and Marc discuss what it's like to deal with litigation while on a political campaign or from within the government. They then move on [at 7:00] to a discussion of the big legal issues of the 2018 campaign season, including litigation over a variety of recent measures that have r...
Versus Trump Quick Hits
August 10, 2017 04:17 - 20 minutesOn this week’s episode of Versus Trump, we bring you a quick-hitting episode with multiple Trump Nuggets. Jason starts off by providing an update on news about Versus Trump’s favorite unqualified agricultural advisor to President Trump, Sam Clovis, a non-scientist who has been nominated to be "chief scientist" of the Agriculture Department.Easha [at 7:50] then discusses a new lawsuit called Wheeler v. Fox News, which alleges that Fox News collaborated with the White House to push a false stor...