So we try to build that into the regulations. What do we mean by intervention in enforcement matters? Subscribe. On the other hand, we all speculated, some of us knew, I was just speculating, that Trump was using the Department of Justice as a personal weapon against his political foes and against the media. Los Angeles Times (September 21, 2017). I just don't. The views expressed are those of the author(s) and not of Constantine Cannon LLP. And the problem with the inquiry of McGahn was, it was a settlement of extensive litigation that went up and down the D.C. District Court to the court of Appeals, and bounced around in the court of Appeals on a couple of issues, and they settled it. In the wake of, say, Watergate, there was a broad social consensus that we needed to do things, and it led to the church commission and a number of things. There is no way that most of the time that was spent by most of those independent counsels would have been spent by any normal prosecutor. to learn that both parties have been playing politics in the context of the Supreme Court confirmation hearings for Amy Coney Barrett. She is a CNN contributor, a cafe contributor and a former FBI special agent. Submit your questions to questions@talkingfeds.com , whether it's for Five Words or Fewer, or general questions about the inner-workings of the legal system for our Sidebar segments. They call for a report. And to the extent that it's necessary to the administration, to move at least some of this forward, to keep attention paid to it in some way. Washington Post (February 12, 2018). We accept that, and we don't purport to change that. It doesn't exist. We're not, in general focused on things that Jamie was worried about. Harry Litman, a Washington Post contributing columnist, is a former U.S. attorney and deputy assistant attorney general. Click here to read the article. No question about that. The Civil Division, as you've mentioned, George, and the appellate — they're executive power hawks, because it's just in the interest of the department. Now, is that improper? And we think we can do so, and we propose a bunch of ways to do so that won't hamper a presidency with integrity. It's clear how the two political parties want to define the debate in next year's . Found insideBiden had seriously considered seeking the Democratic nomination before deciding not to in fall 2015. ... Harry Litman, “Why George Papadopoulos Is More Dangerous Than Paul Manafort,” New York Times, October 30, 2017. 68. What we're concerned about is when the president gets involved in directly self-interested law enforcement matters, things when he's trying to protect himself, when he's trying perhaps to obstruct justice, things that look like obstruction of justice or when he's trying to use law enforcement matters against his political opponents. We think that those important decisions should be made in the attorney general's office, that they shouldn't be dealable, that a future FBI director should not have discretion to do some of the things that Director Comey did, or that the norms were not clarified enough that he could do what he did. "In Hoffa's Shadow," about a suspect in the death of Jimmy Hoffa, who happens to have been Jack's stepfather. Click to read. He said it. There's also the opportunity to strengthen by internal regulation, some of the safeguards against the politicization of the Department of Justice. This volume discusses the Supreme Court's politicization across history, examines whether it is realistic or useful to expect it to be insulated from politics, and evaluates possible means of depoliticizing the court. It seems the perfect example of we've had two systems in place and the independent counsel statute, to my mind, seems perfectly adapted to the Mueller investigation and the special counsel perfectly adapted to the star. Americans of all political stripes should champion the effort. Exec. They would call and say the president wants to do X. And number two, no important decision of the Office of Legal Counsel went to the White House without plenary review in my office with the solicitor general, with the head of the civil division, the head of the criminal division, whoever the relevant parties would be. And it may be that it is a question of setting priorities. So his sort of great drain the swamp ethical guidelines for the executive branch at the end, he just said, never mind. I'm Harry Litman, see you next time. It's got all the earmarks of a full-on Washington scandal, but let's start here. George Conway [00:48:17] Would be burning even if the former guy weren't pouring gasoline on it. I think to some extent, a lot of these voting rights or voting bills to restrict voting aren't doing things that are quite as terrible as some make them out to be, but they are absolutely being done in bad faith and they are designed to restrict voting without any benefit. Now, the problem is, if I were in the civil division, I would say, 'hey, guys, this is a bad case to take up. And then you have the president just speaking to everyone, including whoever might be able to hear it at the Justice Department. "This is spin and talking points that they prepared before, I think, they saw the indictment," Litman said. . Let me ask actually, Jack and Bob, if you think there's a realistic prospect that people remember the recent past well enough to try, in fact, to initiate some of these proposals. They are Bob Bauer, Professor of Practice and Distinguished Scholar in residence at NYU Law School and co-director of NYU Legislative and Regulatory Process Clinic. Jack Goldsmith [00:40:12] Yeah, but Trump was caught with a smoking gun. And that's why, again, none of these solutions are perfect. Click here to read the article. There's a calendar for assuring, to the extent that you can assure these things, with the regulation, obviously, that the president could change, but a timelines for the production of the public report and its transmittal to Congress, yes. He's also co-host of the Excellent Words Matter podcast, and finds time to be a regular guest with us to our great gratitude. The violence is you have to take action. So in trying to deal with one problem, the last problem, you could make it harder for the next president. But that's sort of the point in part of norms, right, that they have a kind of open-endedness and a cultural force that can apply outside their bounds. Jamie Gorelick [00:03:56] Glad to be here. In the crowded world of podcasting, Pittsburgh native Harry Litman is getting attention with "Talking Feds," a weekly examination of legal and political topics with working experts in the field. What meaningfully have you achieved? Harry Litman [00:31:22] I think we're all of a like mind. And if that is the case, I want to hear that. Harry Litman teaches constitutional law at the University of California at San Diego and practices law at the firm Constantine Cannon. Because I actually think that that has profound potential consequences for the Justice Department if it can't in any way speak to the White House about an enforcement matter. Harry Litman [00:40:11] And making Biden look to be a failed president. Illegally commandeering the White House and the Washington mall, Donald Trump's Republican party this week rolled out a convention light on policy and . Everybody wanted to know so that it wouldn't happen again, and right now it seems like people don't want to know. Like, I'll bet you they didn't have a lot of time to think about all these leak investigations. Lawfare (September 10, 2017). Meanwhile, Republicans in ever-greater numbers are pursuing restrictive state legislation and bogus audits of the November election. This isn't like declaring war and like putting on uniforms and abiding by the laws of war and all this kind of stuff, right? I'd like to know more about what discussions they had about the Ukraine scandal, frankly. The one thing I do want to stress, however, is that beyond the practice in the Department of Justice, that is to the better personnel with high ethical standards who are not going to repeat the mistakes of their predecessors. So I would want to know, for example, were there Republicans under investigation for this? The column that captures just how disconnected legal analysis has become in the Trump era. Autonomous Horizons: The Way Forward identifies issues and makes recommendations for the Air Force to take full advantage of this transformational technology. Click here to read the article. As an example, by the way, which is why I want to bring it into the DOJ conversation, is what we mean when we say that the White House doesn't involve itself in enforcement matters. Special counsel, the gathering of facts and reporting to the public is inevitably going to happen, and we think that is an important function of the special counsel and we would try to protect the special counsel's ability to perform that function. George Bush actually said that to Larry Thompson and set up a whole rubric for doing that. There's a certain amount of, to kind of undo some damage, to maybe depart a little bit and use discretion and judgment on whether, as George said, is this the case that you really want to defend this proposition on? Let me push you on that, if I could a little bit. And she told her story in 2018 or so, and then Trump went out and said that 'I don't know this woman,' which was false, because there was a photograph of him with her. Washington Post (May 8, 2018). And the D.C. Harry Litman writes that although Trump's lawyers have sued Stormy Daniels for breaching her NDA, the "liquidated damages" clause they are theatening her with is not enforceable. He was making a statement about something that allegedly occurred decades before he became president, has nothing to do with his presidency, and shouldn't be protected. CNN (June 13, 2018). So there are a lot of things that have changed. Click to read. As Biden embarks on an ambitious agenda, the debris from the Trump years litters the political landscape. One administration makes an issue of regulation that would have the effect of plugging gaps in the deep politicization structures, and the next administration is going to have to explain why it wants to reopen those gaps. When that turned out not to be the case, I think the impeachment balloon lost most of its air. Congress is often the source. Harry Litman [00:03:57] Let's just start with a few high level questions and maybe through a political lens. Click to read. And starting with Jack and I refer to it this way, I think a couple of times in the book as these sort of lower hanging fruit here, the sort of reforms on which there ought to be some bipartisan consensus like financial conflict of interest regulations, and maybe even, because the House has started to move in this direction, reform of the pardon power. The president's defenders have trotted out a new defense: that obstruction on its own is a mere "procedural crime" that doesn't really count unless coupled with proof of guilt on Harry Litman [00:43:02] And indiscriminate means you're just going on any victim just to frighten everybody. They did not work for the president, they worked for the presidency. Lawyer @CCWhistleblower. Pittsburgh Post-Gazette (June 25, 2018). So depending on what the substance of the changes would be, you could imagine a circumstance where no one knows who's going to be constrained by what, and they jump off the cliff together. And then he said, 'I didn't do it,' and basically that she's lying and she's not my type. Asha Rangappa [00:42:15] So the piece that I wrote, which is for Preet Bharara's Cafe newsletter, was basically talking about how effective terrorist ideologies have a very particular narrative. The committee, made up of seven Democrats and just two Republicans, has a broad mandate to investigate the "facts, circumstances, and causes" of the Jan. 6 assault, in which a mob of Trump supporters breached the U.S. Capitol in an attempt to stop Congress from certifying Joe Biden's election win. Is the president concerned? And until I get those answers, I believe that our elected officials have abdicated their responsibility. Joe, I mean, all of these decisions are drawn a lot of heat and disenchantment from the left. Battleground is a podcast for people who want answers to questions about politics they didn"t even realize they should be asking. Take Harry Litman, for example, a Bill Clinton appointee who back in the spring tweeted in celebration at the idea of Wuhan coronavirus (Covid-19) "vaccine" passports. Net worth score. He is the co-author of After Trump Reconstructing the Presidency, an in-depth assessment of the damage to the constitutional system perpetrated by our just departed president, and an exposition of some dozens of concrete policy proposals to plug the gaps that Trump exploited. He's a prolific author and I want to note just one from 2019 because it's sort of a departure for him but a total page turner. But he was in so many ways a singular president, and not least because of this remarkable sort of shamelessness and imperviousness to norms. "The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life. Our gratitude goes out, as always, to the amazing Philip Glass, who graciously lets us use his music. I mean, Starr prolonged one piece of it that my successor handed him that A, shouldn't have gone to him, and B, it should have been concluded right away. Click here to read the article. One administration at least creates a demand that the next administration defend its unwillingness to do that. If the tables were turned, this would be like the nonstop central issue from day one. Explores the meaning of intellectual property in the new high-tech digital age, addressing the legal, social, and economic factors at work and provides a thought-provoking argument that those qualities that have made the Internet a dynamic ... One are the norms that should be put in place is that there is that plenary review so you don't get an end around with somebody calling from the White House and getting their favorite person in OLC to write an opinion, which the head of OLC, let alone the attorney general and the deputy attorney general, don't agree with. This important discussion is moderated by Harry Litman, former U.S. District Attorney, law professor, and political commentator. New York Times (June 3, 2018). When you don't have a reckoning, it doesn't go away.
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