ACS Podcast

On April 29, ACS hosted a discussion of the recently released Mueller Report. As we continue to digest Special Counsel Robert Mueller’s Report on the Investigation into Russian Interference in the 2016 Presidential Election, serious legal questions remain regarding Congress’s power to subpoena a sitting president, the alleged legal impediments that prevented Mueller from indicting Trump associates for campaign finance violations, and what the law of obstruction actually provides. These questions take on more importance as we ask, what comes next? As talk of impeachment surfaces in both Democratic and Republican circles, what do we know about the meaning of “high crimes and misdemeanors”? Featuring: Bob Bauer, Professor of Practice and Distinguished Scholar in Residence, New York University Law School; White House Counsel to President Barack Obama Neil Kinkopf, Professor of Law, Georgia State University College of Law; Counselor to then-Senator Joseph Biden for the Impeachment Trial of President Clinton Barbara McQuade, Professor from Practice, University of Michigan Law School; Former U.S. Attorney for the Eastern District of Michigan Caroline Fredrickson, President, American Constitution Society

ACS experts discuss whether the addition of a citizenship question to the census violates the Administrative Procedures Act and/or the Constitution’s enumerations clause, and whether the trial court had the authority to order the deposition of Commerce Secretary Wilbur Ross to ascertain the motive for the question’s inclusion. On April 23rd, the Supreme Court will hear oral argument in Department of Commerce v. New York, a case that raises questions of administrative and constitutional law, and that has the potential to affect the accuracy of the 2020 Census, thereby impacting congressional representation and federal funding decisions. Featured Speakers: Jennifer Nou, Professor of Law, University of Chicago Law School Daniel Tokaji, Associate Dean for Faculty and The Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Moritz College of Law Kara Stein, ACS Vice President of Policy and Program

On April 5, ACS and Citizens for Responsibility and Ethics in Washington (CREW) hosted a discussion of whether these justifications should operate as categorical bars to releasing the Report and related evidence. The American people want to see the Mueller Report and the evidence underlying it, and Congress needs to review the Report and supporting material to fulfill its oversight duties. Yet Attorney General Barr has said he will send only a redacted version of the Report to Congress later this month. Potential justifications for limiting disclosure include grand jury secrecy rules and executive privilege. Featured Speakers: Barbara McQuade, Professor from Practice, University of Michigan Law School; former U.S. Attorney for the Eastern District of Michigan Andrew Wright, Senior Fellow and Founding Editor of Just Security; Associate Counsel to President Barack Obama Kristin Amerling, ACS/CREW Presidential Investigation Education Project, Moderator

This Term, the Supreme Court will once again tackle the issue of partisan redistricting when it reviews two cases to determine whether state legislatures violated the Constitution by intentionally diluting their citizens' votes for partisan purposes. Last Term, the Court heard two cases on the topic, but never reached the merits. Instead, it decided the cases on jurisdictional grounds.With those issues arguably resolved, the Court now seems ready to weigh in on whether partisan gerrymandering cases are justiciable when it hears Benisek v. Lamone, a challenge to the electoral map drawn by the Democratically-controlled Maryland legislature, and Rucho v. Common Cause, a challenge to the electoral map drawn by the Republican-controlled North Carolina legislature, on March 26, 2019. What test might the Court adopt for determining when redistricting is legitimate or illegitimate, and what are the implications of the various possibilities? How is the Supreme Court, now without Justice Kennedy, likely to rule on the merits? Featured Speakers: Kareem Crayton, Interim Executive Director, Southern Coalition for Social Justice Nicholas Stephanopoulos, Professor of Law, Herbert and Marjorie Fried Research Scholar, University of Chicago Law School Jenni Katzman, moderator, Director of Policy and Program, ACS

As the House’s impeachment inquiry ramps up, listen to an ACS briefing call with experts on the procedures and legal standards for impeachment, how those standards apply to the allegations against President Trump, and the implications for our national security. Featured Speakers: Mieke Eoyang, Vice President for the National Security Program, Third Way Michael Gerhardt, Burton Craige Distinguished Professor of Jurisprudence, UNC School of Law Kara Stein, ACS Vice President of Policy Program, Moderator