With Presidential Immunity, Trump Pledges To Prosecute Foes.
Digest
This podcast delves into the potential impact of former President Donald Trump's use of the courts and judiciary on the 2020 election. It begins by outlining Trump's promises to prosecute his political enemies and his views on the Justice Department's role, highlighting the potential impact of his judicial appointments and the checks and balances that still exist. The podcast then examines the potential consequences of a Republican-controlled Senate on judicial appointments, particularly if Kamala Harris is elected president. It discusses the possibility of a blockade similar to the one faced by Merrick Garland and the potential shift in the type of judges appointed. The podcast further analyzes President Biden's record on judicial appointments, highlighting his focus on diversity and the appointment of civil rights lawyers, union lawyers, and public defenders. It discusses the remaining judicial vacancies and the potential impact of Trump's potential re-election on the courts. Finally, the podcast explores Trump's expansive view of executive power and the potential legal challenges that could arise if he is re-elected. It discusses the Supreme Court's rulings on presidential immunity and the potential for Trump to use his power in areas like immigration and national security.
Outlines
Trump's Use of the Courts and Judiciary
This podcast explores the potential impact of former President Donald Trump's use of the courts and judiciary on the 2020 election, examining his promises, judicial appointments, and the potential consequences of a Republican-controlled Senate.
Trump's Promises and the Judiciary
The podcast discusses Trump's promises to prosecute his political enemies and his views on the Justice Department's role. It explores the potential impact of Trump's judicial appointments and the checks and balances that still exist.
The Future of the Courts
The podcast examines the potential consequences of a Republican-controlled Senate on judicial appointments, particularly if Kamala Harris is elected president. It discusses the possibility of a blockade similar to the one faced by Merrick Garland and the potential shift in the type of judges appointed. It also analyzes President Biden's record on judicial appointments, highlighting his focus on diversity and the appointment of civil rights lawyers, union lawyers, and public defenders. It discusses the remaining judicial vacancies and the potential impact of Trump's potential re-election on the courts.
Trump's Executive Power
The podcast explores Trump's expansive view of executive power and the potential legal challenges that could arise if he is re-elected. It discusses the Supreme Court's rulings on presidential immunity and the potential for Trump to use his power in areas like immigration and national security.
Keywords
Political Prosecutions
The act of using the legal system to target political opponents for alleged crimes, often with the aim of silencing dissent or gaining political advantage. This practice can be controversial, raising concerns about the misuse of power and the erosion of democratic norms.
Federal Judiciary
The system of courts within the United States federal government, responsible for interpreting and applying federal law. It includes district courts, courts of appeals, and the Supreme Court. The composition and ideology of the federal judiciary can have a significant impact on the interpretation of the Constitution and the direction of American law.
Checks and Balances
A system of government where different branches of government have the power to limit each other's actions, preventing any one branch from becoming too powerful. This system is designed to protect individual rights and prevent tyranny.
Judicial Nominations
The process of selecting and appointing judges to federal courts. This process involves the president nominating a candidate, who is then subject to confirmation by the Senate. Judicial nominations are often highly politicized, as they can have a lasting impact on the interpretation of the law.
Executive Power
The authority vested in the president of the United States, including the power to enforce laws, command the armed forces, and conduct foreign policy. The scope of executive power has been a subject of debate throughout American history, with different presidents interpreting their authority in different ways.
Merrick Garland
Merrick Garland was nominated by President Barack Obama to the Supreme Court in 2016, but his nomination was blocked by the Republican-controlled Senate. This event highlighted the political nature of judicial nominations and the potential for partisan gridlock.
Kamala Harris
Kamala Harris is the current Vice President of the United States. Her potential election as president in 2020 raised questions about the impact of a Democratic president on judicial appointments, particularly in a Republican-controlled Senate.
Presidential Immunity
The legal doctrine that protects the president from being sued for actions taken while in office. The Supreme Court has ruled on the scope of presidential immunity, but the issue remains controversial.
Q&A
What are some of the specific things Trump has called for in terms of using the courts and the judiciary?
Trump has stated that he wants to prosecute his political enemies, including Joe Biden, members of his family, and those involved in the January 6th committee investigation. He believes the Justice Department should work for him and that he can interfere with prosecutions.
How could a Republican-controlled Senate impact judicial appointments if Kamala Harris is elected president?
A Republican Senate could potentially block Harris's judicial nominees, similar to the treatment of Merrick Garland. They could also influence the type of judges appointed, potentially favoring more moderate and corporate lawyers over progressive civil rights lawyers and public defenders.
What are some of the legal issues that could arise if Trump is re-elected and follows through on his promises?
Trump's promises to use the military against his political opponents and to terminate rules and regulations, even those in the Constitution, could lead to legal challenges. The courts will have to determine the extent of his executive power and how far he can go in areas like immigration and national security.
Show Notes
This episode: national political correspondent Sarah McCammon, national justice correspondent Carrie Johnson, and senior national political correspondent Mara Liasson.
The podcast is produced by Jeongyoon Han, Casey Morell and Kelli Wessinger. Our editor is Eric McDaniel. Our executive producer is Muthoni Muturi.
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