Passing Judgment  By  cover art

Passing Judgment

By: Jessica Levinson
  • Summary

  • Is the constitution in crisis? This podcast is for people who are curious about politics and the law and how the biggest political and legal issues of the moment affect you. Pull up a chair and join host Jessica Levinson, a professor at LMU’s Loyola Law School, and a rotating cast of experts. Jessica will be joined by journalists, politicians, political scientists, lawyers, and many others. Listen to Jessica and her guests for a wry, and sometimes irreverent take on the most pressing issues of our time. What are the laws of our democracy? How are they changing? And what does that mean for your daily life?
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Episodes
  • Breaking Down Trump's Legal Battles with Ankush Khardori
    Mar 26 2024

    In this episode of Passing Judgment, host Jessica Levinson and guest Ankush Khardori delve into the tangled web of legal challenges surrounding former President Trump. We dissects a series of cases poised to reshape our understanding of presidential immunity and the limits of executive power. Tune in for an episode rich in legal insight, where the implications of these judicial battles are laid bare, revealing a complex mosaic of potential outcomes that could alter the political and legal landscape.


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


    1️⃣ Trump's Immunity and Public Perception: A significant portion of the discussion revolved around Trump's claims of immunity, the consequences of his potential conviction, and public opinion on the matter, noting a poll revealing a potential conviction would negatively impact his support among independents and Republicans.


    2️⃣ Michael Cohen's Credibility: Ankush Khardori discussed the use of Michael Cohen’s public statements to question his reliability in the trial, highlighting inconsistent statements and animosity towards Trump. The challenges of proving Trump's knowledge of wrongdoing and rehabilitating Cohen as a witness were also explored.


    3️⃣ Mar-a-Lago Case & Jury Instructions: We delve into the Mar-a-Lago case, with a particular focus on proposed jury instructions and Judge Eileen Cannon's rulings. We voiced concerns about the legality and implications of the proposed instructions and the judge’s perceived favorable treatment of Trump's arguments.


    Follow Our Host:

    On Threads: @LevinsonJessica

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    38 mins
  • Trump on Trial: Analyzing Federal Cases Against a Former President with Kyle Cheney
    Mar 18 2024

    The latest episode of Passing Judgment dives into critical legal discussions surrounding charges against a former president, touching on both state and federal levels. Host Jessica Levinson, with guest Kyle Cheney from Politico, delve into the recent developments within the Georgia election interference case. Join us as we pass judgment on the rule of law, dissect the possible chaos this could sow in Congress, and interpret the maze of legal arguments presented in these monumental cases.


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


    1️⃣ DC Interference Case and Supreme Court Decisions: There is significant attention on the potential chaos that could arise from the Supreme Court's unanimous decision that states do not have the authority to determine eligibility under Section 3 of the 14th Amendment. The concern revolves around the question of whether any Congress should count the electoral votes of a candidate considered ineligible for the presidency, potentially leading to chaotic scenarios in Congress, particularly by January 2025.


    2️⃣ The Georgia Case and Racketeering Charges: The Georgia case involving the former president's alleged election interference continues to face challenges. Although Judge Scott McAfee dismissed six charges related to soliciting Georgia officials to violate their oath of office, the core racketeering charges remain intact. The discussion indicated that the prosecutor's office is currently mired in its own controversies, making it uncertain if they will appeal the ruling or refile the charges.


    3️⃣ Federal Case Developments in Georgia and Florida: The federal case in Florida about the unlawful retention of documents at Mar-a-Lago is being discussed in court with motions to dismiss based on the Espionage Act and the Presidential Records Act. Trump’s legal team argues for the motion to dismiss, claiming the statutes have not been used in this manner against a former president and raises the issue of whether Trump had fair notice of potential charges. However, the judge has not indicated any decision on the case schedule.


    Follow Our Host:

    On Threads: @LevinsonJessica

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    30 mins
  • TikTok Ban: Assessing the First Amendment and National Security Concerns
    Mar 13 2024

    In this episode, we dive into the complex intersection of TikTok and the First Amendment. Jessica Levinson breaks down the ongoing debate surrounding a proposed bill that could impact the popular social media app. Join us as we explore the constitutional implications, the distinction between speech and conduct, and the fascinating first amendment questions that arise from this contentious issue.


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


    1️⃣ National Security vs. Free Speech: The federal government argues that the ban is necessary due to national security concerns, believing that TikTok's Chinese ownership could compromise the privacy and national security of American users.


    2️⃣ First Amendment Implications: While the government claims it's not a ban on speech, but rather a restriction on commercial conduct, there are strong arguments that this could infringe on the First Amendment rights of both the app and its users.


    3️⃣ Legal Challenges: If the bill becomes law, it's likely to face First Amendment challenges in court, with the level of scrutiny on the legislation being a pivotal point of contention.


    Follow Our Host:

    On Threads: @LevinsonJessica


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    9 mins

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