Can the Attorney General Appoint a Special Counsel?

Can the Attorney General Appoint a Special Counsel?

Author: National Constitution Center August 30, 2024 Duration: 55:17
In July, U.S. District Judge Aileen Cannon dismissed a criminal case charging former President Donald Trump with hoarding classified documents at his home in Mar-a-Lago and obstructing justice. Judge Cannon reasoned that the prosecutor in this case, Special Counsel Jack Smith, was not properly appointed by the Justice Department. Matthew Seligman of Stanford Law School and Josh Blackman of the South Texas College of Law Houston, who argued before Judge Cannon on opposite sides of this issue, join Jeffrey Rosen to debate the legal basis for the special counsel role. Resources:  United States v. Nixon (1974)  Trump v. United States (2024)  Josh Blackman and Seth Barrett Tillman, Brief of Professor Seth Barrett Tillman and Landmark Legal Foundation as Amici Curiae in Support of Defendant Trump’s Motion to Dismiss the Indictment, United States v. Trump (March 21, 2024)  Matthew Seligman, Motion for Leave to File Brief by Constitutional Lawyers, Former Government Officials, and State Democracy Defenders Action as Amici Curiae in Opposition to Defendant Donald J. Trump’s Motion to Dismiss, United States v. Trump (April 3, 2024)  Judge Aileen Cannon, Order Granting Motion to Dismiss Superseding Indictment Based on Appointments Clause Violation, United States v. Trump (July 15, 2024)  Jack Smith, Brief for the United States, United States v. Trump, Eleventh Circuit Court of Appeals (August 26, 2024)  Stay Connected and Learn More: Questions or comments about the show? Email us at podcast@constitutioncenter.org.   Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.   Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.  You can find transcripts for each episode on the podcast pages in our Media Library. Donate

Hosted by National Constitution Center President and CEO Jeffrey Rosen, We the People is a weekly conversation that digs into the constitutional questions shaping the country right now. This isn't just a history lesson, though historical context is always part of the discussion. Instead, each episode brings together leading voices-legal scholars, journalists, public officials, and advocates-to engage in thoughtful, civil debate. You'll hear genuine dialogue where participants articulate and defend their positions, offering a clearer understanding of the complex legal and philosophical principles at stake. The goal is to move beyond headlines and soundbites, providing a forum where the best arguments from all sides are presented with depth and respect. Tuning into this podcast feels like sitting in on a crucial discussion at the intersection of law, politics, and society, one that illuminates how the Constitution actively influences contemporary American life. Produced by the National Constitution Center, it serves as an essential resource for anyone looking to deepen their grasp of the nation's founding document and its powerful, ongoing role in our public discourse.
Author: Language: English Episodes: 100

We the People
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