295 episodes

Is the constitution in crisis? This podcast is for people who are curious about politics and the law and how the biggest political and legal issues of the moment affect you. Pull up a chair and join host Jessica Levinson, a professor at LMU’s Loyola Law School, and a rotating cast of experts. Jessica will be joined by journalists, politicians, political scientists, lawyers, and many others.

Listen to Jessica and her guests for a wry, and sometimes irreverent take on the most pressing issues of our time. What are the laws of our democracy? How are they changing? And what does that mean for your daily life?

Passing Judgment Jessica Levinson

    • Arts

Is the constitution in crisis? This podcast is for people who are curious about politics and the law and how the biggest political and legal issues of the moment affect you. Pull up a chair and join host Jessica Levinson, a professor at LMU’s Loyola Law School, and a rotating cast of experts. Jessica will be joined by journalists, politicians, political scientists, lawyers, and many others.

Listen to Jessica and her guests for a wry, and sometimes irreverent take on the most pressing issues of our time. What are the laws of our democracy? How are they changing? And what does that mean for your daily life?

    Breaking Down Hunter Biden's Plea Deal and Trump’s Historic Conviction: Insights from Jack Queen

    Breaking Down Hunter Biden's Plea Deal and Trump’s Historic Conviction: Insights from Jack Queen

    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.


    Follow Our Host and Guest:
     @LevinsonJessica
    @Jackqueen_

    • 35 min
    2024 Election Dynamics: Hunter Biden, Trump Cases, and Potential Running Mates with Aaron Blake

    2024 Election Dynamics: Hunter Biden, Trump Cases, and Potential Running Mates with Aaron Blake

    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!

    Follow Our Host and Guest:
     @LevinsonJessica
    @AaronBlake

    • 31 min
    Baby Reindeer Controversy: Exploring Defamation and Right of Publicity Cases

    Baby Reindeer Controversy: Exploring Defamation and Right of Publicity Cases

    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.


    Follow Our Host:
     @LevinsonJessica

    • 11 min
    Breaking News: Trump Found Guilty of Falsifying Business Records

    Breaking News: Trump Found Guilty of Falsifying Business Records

    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.

    Follow Our Host:
     @LevinsonJessica

    • 11 min
    Inside Election Disputes: Edward Foley Examines the Threats to Democratic Processes

    Inside Election Disputes: Edward Foley Examines the Threats to Democratic Processes

    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.


    Follow Our Host and Guest:
     @LevinsonJessica
    @Nedfoley

    • 39 min
    Unraveling the Trump Hush Money Trial with Shayna Jacobs

    Unraveling the Trump Hush Money Trial with Shayna Jacobs

    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.


    Follow Our Host and Guest:
     @LevinsonJessica
    @Shaynajacobs

    • 23 min

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