logo
episode-header-image
Jan 2024
39m 8s

If the President Does It...

MSNBC
About this episode

Today, the DC Circuit heard oral arguments from Trump’s lawyers and Special Counsel Jack Smith’s team over a crucial question: does presidential immunity protect Trump from prosecution for anything he did or actions he took while in office? Veteran prosecutors Andrew Weissmann and Mary McCord review the arguments and the pushback from the three-judge panel. Plus, a look at the Supreme Court deciding to hear the Colorado ballot issue, and what else is on Andrew and Mary’s prosecutorial radar. 

Up next
Jul 8
"Your Huddled Masses"
This week’s episode begins with a Supreme Court decision to allow the deportation of eight migrants to South Sudan without due process, despite it not being their country of origin. And after a comparative review of the new beefed-up ICE budget and what it means for deportation o ... Show More
52m 16s
Jul 1
Judicial Authority for Me Not Thee
After Friday’s Supreme Court ruling to limit nationwide injunctions, Mary and Andrew begin by breaking down what it means for future challenges to executive actions as they make their way through the courts, and what’s next for Mary’s birthright citizenship case. They also tackle ... Show More
1h 1m
Jun 24
Testing the Limits
The United States entered the conflict between Israel and Iran this weekend after bombing three Iranian nuclear sites. Andrew and Mary start this week’s episode here, discussing the scope of presidential war powers and the norms of international law following the strikes. After, ... Show More
56m 44s
Recommended Episodes
Dec 2023
The Supreme Court takes a pass
This week on Trump's Trials, host Scott Detrow is joined by NPR Justice Correspondent Carrie Johnson. This week's focus: The Supreme Court and presidential immunity. The court decided they would not take up Special Counsel Jack Smith's request to fast-track arguments on whether f ... Show More
12m 33s
Sep 2022
DOJ expected to appeal judge’s ruling in Trump docs case
Will Donald Trump versus the United States of America end up before the Supreme Court? This as questions of a DOJ appeal emerge after a Trump appointed judge sides with the former president and cuts off access to classified documents to prosecutors while a special master is given ... Show More
1h 18m
Jan 2024
Trump’s Case for Total Immunity
Donald Trump has consistently argued that as a former president, he is immune from being charged with a crime for things he did while he was in office.Adam Liptak, who covers the Supreme Court for The Times, explains what happened when Trump’s lawyers made that case in federal co ... Show More
27m 40s
Dec 2023
Jack Smith's big gamble
This week on Trump's Trials, host Scott Detrow and Domenico Montanaro are joined by former Deputy Assistant Attorney General Harry Litman. This week's focus: the January 6th federal election interference case. Prosecutor, Special Counsel Jack Smith, made an unusual move, and side ... Show More
17m 59s
Feb 2024
Kick Trump Off the Ballot? Even Liberal Justices Are Skeptical
In December, the Colorado Supreme Court issued a bombshell ruling that said Donald Trump was ineligible to be on the state’s ballot for the Republican presidential primary, saying he was disqualified under the 14th Amendment of the Constitution because he had engaged in insurrect ... Show More
34m 5s
Jul 2024
Trump Wins Broad Immunity
On Monday, the Supreme Court ruled that former President Donald J. Trump is entitled to broad immunity from criminal prosecution for actions that he took while in office.Adam Liptak, who covers the Supreme Court for The New York Times, explains how that ruling will weaken the fed ... Show More
26m 25s
Jul 2024
Trump Has Broad Immunity
The Supreme Court dealt a major blow to prosecutors hoping to convict Donald Trump on charges he sought to subvert the 2020 election. The court ruled 6-3 that former presidents enjoy sweeping immunity for their acts while in office. WSJ's Jess Bravin discusses what this ruling co ... Show More
19m 2s
Feb 2024
Is SCOTUS Afraid of Holding Trump to Account?
Oral arguments at the Supreme Court Thursday in Trump v. Anderson revealed a lot about some of the justices’ commitment to the primacy of originalism. Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, joins Dahlia Lithwick to discuss why his orga ... Show More
53m 49s