In this episode of Passing Judgment, Jessica delves into the political and legal ripple effects following President Joe Biden's unexpected decision to withdraw from seeking the Democratic nomination. She examines the current political landscape, with Democrats rallying around Vice President Kamala Harris, and discusses the complex legal procedures of picking a new nominee at the convention. Tune in as Jessica navigates this unprecedented moment in American politics and answers the burning questions on everyone's minds.

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

1️⃣ Political Impact of Biden's Decision: President Joe Biden's announcement not to seek the Democratic nomination is unprecedented and has significant political repercussions.

2️⃣ Role of Delegates: Delegates previously pledged to Biden are now free agents but are likely to support Harris if she garners the necessary backing.

3️⃣ Potential Running Mates for Harris: Kamala Harris is expected to choose a running mate who can strategically enhance the ticket’s chances in crucial swing states.

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In this episode of Passing Judgment, we delve into a shocking yet somewhat unsurprising ruling from judge Aileen Cannon on the Mar-a-Lago case against former president Trump. On July 15th, Judge Cannon dismissed all charges related to Trump's unlawful retention of sensitive government documents, citing unconstitutional appointment of special counsel Jack Smith. Host Jessica Levinson takes us through the intricacies of the appointment clause of the constitution, Judge Cannon's legal reasoning, and the likely path forward, including a potential appeal to the 11th Circuit.

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

1️⃣ Dismissal of the Mar-a-Lago Case Against Trump: Judge Aileen Cannon dismissed the federal case against former president Trump involving his retention of sensitive government documents at his Mar-a-Lago residence.

2️⃣ Appointments Clause and Constitutionality: Judge Cannon's decision to dismiss the case was based on her interpretation of the Appointments Clause in the Constitution.

3️⃣ Potential Impact on Other Cases: The ruling could potentially affect the DC election interference case but does not impact state cases. Other federal judges, including Judge Chutkan in the DC case, have not made similar rulings regarding Jack Smith's appointment.

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 @LevinsonJessica

In this episode of Passing Judgment, we delve into the intricacies of the 25th Amendment and the Democratic National Committee's rules concerning presidential succession. Host Jessica Levinson provides a thorough breakdown of what would happen if President Biden steps aside or is declared incapacitated. She explains the history and application of the 25th Amendment, highlighting its various sections and uses. Additionally, she discusses the procedural rules for selecting a new Democratic nominee should President Biden choose not to run.

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

1️⃣ Historical Context: Several historical instances (e.g., President Harrison's death in 1841, Garfield's incapacitation in 1881, Wilson's stroke in 1919, and Eisenhower's health issues in the 1950s) highlighted the need for clear constitutional guidelines.

2️⃣ The 25th Amendment Section 4: Provides the procedure if the president is deemed unable to discharge duties, which involves the vice president and a majority of the cabinet, and requires a two-thirds vote in both House and Senate for the president to be removed.

3️⃣ Democratic National Committee (DNC) Rules: Discusses the procedural implications if President Biden decides to step aside before or after the Democratic National Convention.

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 @LevinsonJessica

In this episode of Passing Judgment, we delve into the blockbuster Supreme Court case regarding presidential immunity. Host Jessica Levinson takes you through the Court's 6-3 ruling on whether a president or former president enjoys some or absolute immunity from criminal prosecution. This pivotal decision arose from former President Trump's alleged actions related to the January 6 events and the so-called DC election interference case. Tune in as Jessica explains the intricacies of this landmark case, its implications for the future, and what it means for the ongoing legal battles surrounding former President Trump.

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

1️⃣ Supreme Court Decision on Presidential Immunity: The Supreme Court issued a 6-3 ruling on most issues, with Chief Justice John Roberts writing the majority opinion.

2️⃣ Impact on Legal Proceedings: The case is unlikely to go to trial before the election, which could impact the case if Trump wins.

3️⃣ Practical Implications for Prosecutors: The majority opinion restricts the use of evidence of official conduct to prove private acts, making it harder for prosecutors to prove cases involving presidents or former presidents.

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 @LevinsonJessica

In this episode of Passing Judgment, host Jessica Levinson and Reuters legal correspondent Jack Queen delve into two of the most politically charged trials of our era: those involving Hunter Biden and former President Donald Trump. They dissect the collapse of Hunter Biden's plea deal over the scope of immunity and dive into the trial's contentious debate on firearm purchase forms and drug use. Switching focus, they examine Trump's historic conviction related to hush money payments to Stormy Daniels.

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

1️⃣ Hunter Biden Trial and Plea Deal Miscommunications: The plea deal for Hunter Biden unraveled when the judge questioned the broad scope of immunity it offered.

2️⃣ Donald Trump and the Hush Money Case: The defense requested a mistrial due to the nature of Daniels' testimony, which was denied. Michael Cohen’s cross-examination and David Pecker's damaging testimony were key moments.

3️⃣ Vagueness and Second Amendment Arguments in Biden Trial: Questions about the vagueness of the law and an appeal based on Second Amendment rights. The defense argued that the timing of Biden's drug use at the time of the gun purchase was not adequately proven.

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 @LevinsonJessica

@Jackqueen_

In this episode of Passing Judgment, we delve into the multifaceted challenges of election coverage and the pervasive issue of media polarization. Jessica Levinson hosts senior political reporter Aaron Blake from The Washington Post, as they navigate the treacherous waters of misinformation and its threat to democracy. Highlighting recent headlines, they discuss Hunter Biden's conviction and its potential ripple effects on the 2024 election. Together, they dissect the selective prosecution cases involving Trump and Biden, raising questions about voter perceptions and the prioritization of legal cases.

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

1️⃣ Hunter Biden's Conviction: The recent conviction of Hunter Biden for lying on a federal form and illegal gun possession is discussed, with Aaron Blake suggesting that this may have limited effect on the political landscape and President Joe Biden’s reputation among the majority of voters.

2️⃣ Potential Running Mates for Trump: Potential vice-presidential picks for former President Trump are discussed with Marco Rubio and Tim Scott highlighted as strong contenders.

3️⃣ Economic Concerns and Inflation: Blake highlights inflation as a primary economic concern that could impact President Biden’s reelection prospects. The challenges the Biden campaign faces in effectively communicating the economic situation to voters are discussed.

Subscribe to the "Campaign Movement" Newsletter and receive Aaron Blake's essential guide to the 2024 Election!

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 @LevinsonJessica

@AaronBlake

In this episode of Passing Judgment, we delve into the controversy surrounding the Netflix series "Baby Reindeer" and the legal battle it has sparked. Host Jessica Levinson breaks down the lawsuit brought by Fiona Harvey, who claims to be the real-life inspiration for a character portrayed as a stalker and abuser in the series. Harvey's suit includes allegations of defamation, emotional distress, and violation of her right of publicity. Jessica examines the balance between First Amendment protections for artists and the privacy rights of individuals, discussing why she believes censorship poses a greater danger than the harms claimed by Harvey.

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

1️⃣ Right of Publicity vs. First Amendment: The episode explores the balance between an individual's right to privacy and freedom of expression.

2️⃣ Impact of Modern Media and Public Scrutiny: Harvey was quickly identified due to social media, escalating her distress and highlighting the modern challenges of privacy.

3️⃣ Artistic Freedom and Public Interest: The episode delves into the importance of protecting artistic freedom, indicating that censorship can be more harmful than the potential injuries to privacy.

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 @LevinsonJessica

In this episode of Passing Judgment, we delve into the historic conviction of former President Donald Trump on 34 counts of falsifying business records. We also discuss the possible ramifications, including whether Trump can vote or run for president as a convicted felon, potential sentencing outcomes, and the likelihood of appeals.

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

1️⃣ Felony Elevation: Falsification of business records is typically a misdemeanor. It becomes a felony if done to commit or conceal another crime. In this case, the prosecution argued it was to unlawfully interfere with the election by committing federal campaign finance violations, tax fraud, or falsification of other business records.

2️⃣ Sentencing: Trump’s sentencing is set for July 11th. Jessica anticipates probation rather than prison time due to the non-violent nature of the crimes and Trump being a first-time offender.

3️⃣ Impact on Presidential Run: The conviction does not bar Trump from running for or serving as President. The Constitution only precludes those convicted of insurrection from holding office.

Join us as Jessica unpacks the legal intricacies of this unprecedented case and its implications for the future.

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 @LevinsonJessica

In this episode of Passing Judgment, Jessica Levinson sits down with guest Edward Foley to delve into the intricate world of disputed elections, legal challenges, and the evolving landscape of American democracy. Foley shares his insights on the confluence of historical election disputes with current events, the critical role of clear election rules, and the challenges faced in ensuring fair and accurate elections. From discussing his book on the history of disputed elections to shedding light on the nuances of judicial behavior and election administration, this episode offers a deep dive into the complexities and nuances of election law and constitutional principles.

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

1️⃣ Disputed Elections and Democratic Stability: Foley discusses the confluence of conspiracy theories with disputed elections, emphasizing the need for clear election rules, competent institutions, and a strong civic culture to support democratic governance.

2️⃣ Judicial Behavior and Supreme Court Dynamics: Foley shares insights on the evolution of judicial behavior, noting the increased visibility of judges through various public engagements like social media, book authoring, and public appearances. The discussion raises concerns about Supreme Court justices' extracurricular activities and potential biases, as well as historical parallels in such behaviors.

3️⃣ Election Procedures and "Blue Shift" Phenomenon: The podcast addresses challenges in election procedures, particularly regarding absentee ballots verification procedures. It delves into the concept of the "blue shift" in elections, where Democrats tend to gain ground on late-counted ballots leading to a shift in results favoring the Democratic candidates as more ballots are processed.

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 @LevinsonJessica

@Nedfoley

In this episode of Passing Judgment, Jessica Levinson sits down with Shayna Jacobs, a federal courts and law enforcement reporter for The Washington Post, to delve into the ongoing Trump hush money trial. With the trial moving at an unexpectedly rapid pace, Jessica and Shayna discuss why this case is progressing faster than anticipated and explore the pivotal role of Michael Cohen's testimony. Tune in as Jessica and Shayna navigate the intricate legal landscape of this high-profile trial and speculate on its potential implications for Trump's political future.

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



1️⃣ Trial Progression and Timeline: The trial moved faster than expected, with significant progress including jury selection, opening arguments, and witness testimonies. Judge Marchand emphasized keeping the trial on track.

2️⃣ Novelty of the Case: This case is unique because it’s uncommon for falsification of business records to be the primary charge. Typically, it's a lesser charge combined with more significant crimes.

3️⃣ Relevance of Stormy Daniels’ Testimony: Although some details of her testimony might not directly relate to the falsification charges, they were used to establish context and motive for Trump's actions.

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 @LevinsonJessica

@Shaynajacobs

In this episode of Passing Judgment, we delve into the intricacies of the MAGA movement with Isaac Arnsdorf, a national political reporter for The Washington Post. Isaac shares insights from his new book, "Finish What We Started: The MAGA Movement's Ground War to End Democracy," examining the evolution of MAGA from its roots in earlier American political ideologies to its transformation post-January 6th. Join us as Isaac explains the movement's shift towards more extreme elements and its strategy to infiltrate the Republican Party from the ground up, as well as discussing potential scenarios for future elections and the ongoing impact on American democracy.

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

1️⃣ Historical Continuity and Evolution: The MAGA ideology connects back to older political traditions in America, such as the non-interventionist "America First" ethos of the 1930s and the conservative backlash against the New Deal. This historical perspective helps explain the resurgence and transformation of these ideologies in today's political landscape.

2️⃣ Transformation of the MAGA Movement Post-January 6th: Isaac elaborates on how the MAGA movement became more radicalized and inclusive of extreme right elements post-January 6th. This was driven by grassroots efforts rather than Trump himself, with significant influence from figures like Steve Bannon aiming to deeply integrate the movement within the Republican Party.

3️⃣ Impact and Strategies for Future Elections: Arnsdorf expresses concerns about potential disruptions in future elections, noting preparations for legal strategies that could make elections contentious and the worrying prospect of political violence or disruptive actions at crucial electoral stages.

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 @LevinsonJessica

@Iarnsdorf