33 min

Guilty. Appealing. Talking. Referred for contempt‪.‬ All the Presidents' Lawyers

    • News

This week, Josh Barro and Ken White catch up on a few familiar characters and tie up some loose threads.

Lev Parnas, former associate of Rudy Giuliani: convicted of six counts of charges related to funneling and concealing political contributions. There was speculation about whether Parnas himself would take the stand — Ken talks about when that’s a good idea and when that’s very much not a good idea.

Michael Avenatti: still a free man for now, but indicted on four sets of trials, and one of them ended in a mistrial several weeks ago. The government failed to disclose some evidence and now Avenatti is entitled to a new trial with that new evidence. But Avenatti is making a double jeopardy claim: that he has a constitutional right not to be tried twice. This is a thin argument — Avenatti may be working another strategy — and long story short, the Ninth Circuit agreed to a expedited briefing schedule.

John Eastman, lawyer and author of the now-infamous (at least to our listeners) Eastman memo laying out how Vice President Mike Pence could maneuver to keep Trump in office: sitting for extended interviews about the circumstances of that memo and whether it reflected his views. Was he acting as a lawyer in those moments? And would that be a shield for him?

Steve Bannon, former Trump adviser and pardon recipient: held in criminal contempt by the House of Representatives and referred to the Department of Justice. What does that mean? And is it a boatload of work for the DC U.S. Attorney’s office, which has its proverbial hands full with January 6 prosecutions?

This week, Josh Barro and Ken White catch up on a few familiar characters and tie up some loose threads.

Lev Parnas, former associate of Rudy Giuliani: convicted of six counts of charges related to funneling and concealing political contributions. There was speculation about whether Parnas himself would take the stand — Ken talks about when that’s a good idea and when that’s very much not a good idea.

Michael Avenatti: still a free man for now, but indicted on four sets of trials, and one of them ended in a mistrial several weeks ago. The government failed to disclose some evidence and now Avenatti is entitled to a new trial with that new evidence. But Avenatti is making a double jeopardy claim: that he has a constitutional right not to be tried twice. This is a thin argument — Avenatti may be working another strategy — and long story short, the Ninth Circuit agreed to a expedited briefing schedule.

John Eastman, lawyer and author of the now-infamous (at least to our listeners) Eastman memo laying out how Vice President Mike Pence could maneuver to keep Trump in office: sitting for extended interviews about the circumstances of that memo and whether it reflected his views. Was he acting as a lawyer in those moments? And would that be a shield for him?

Steve Bannon, former Trump adviser and pardon recipient: held in criminal contempt by the House of Representatives and referred to the Department of Justice. What does that mean? And is it a boatload of work for the DC U.S. Attorney’s office, which has its proverbial hands full with January 6 prosecutions?

33 min

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