Next Witness...Please

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Next Witness...Please

Ever found yourself lost in legal jargon? Fear not! Our mission is to decode complex legal concepts into everyday language, making them accessible to all. Meet your hosts, the dynamic duo known as the Judicial Twins! Retired judge Tom Hodson brings over 50 years of legal expertise as a trial judge, defense attorney, and former Judicial Fellow at the Supreme Court of the United States. Retired judge Gayle William-Byers, with more than two decades of public service as a prosecutor and judge, is now sharing her knowledge as a Judicial Fellow for The National Judicial College and a legal analyst. Join us as we embark on a quest to demystify the legal system and increase your understanding of its complexities. Tune in to "Next Witness... Please" for enlightening discussions, insightful perspectives, and a deeper understanding of the law. Don't miss out – subscribe now and let's unravel the mysteries of the legal world together!

  1. MAR 19

    Trump v. Congress: Who has the power of the purse?

    The Trump Administration is setting out on a constitutional collision course by impounding funds that Congress has already appropriated. The question will be: Does the president have the power to halt, delay or not spend money that Congress has appropriated for specific projects or agencies? Article 1 Sec. 9 Clause 7 gives Congress the power of the purse. Congress has the power to appropriate money. Presidents are to carry out the will of Congress regarding spending. For clarification, Congress passed the Impoundment Control Act of 1974 which provides the president with a mechanics to withhold funding but not cancel it. However, before delaying or withholding funds, the president must send a “Special Message” to Congress stating the reasons for the impoundment along with an estimate of the fiscal, economic, and budgetary effects. The bill also says that the president may not withhold Social Security or Medicare funding. The U.S. Supreme Court also unanimously found in the 1975 Train v. City of New York case that presidents cannot unilaterally withhold or block federal funding. Yet, with all of this, President Donald Trump, Elon Musk and DOGE are cutting federal funding from a myriad of agencies and projects without Congressional approval or notification. This is setting up battles in several federal courts. Tune in to this episode of Next Witness…Please to hear further insights into the Impoundment Control Act and the cases interpreting Trump’s actions so far.

    1h 3m

  2. MAR 7

    Criminal Law 101: Understanding the Criminal Justice System

    It’s time for Criminal Law 101, a primer on how criminal law works within our American judicial system. This episode of Next Witness…Please translates some of the intricacies of the criminal law process in terms that the average listener can understand. We must start with the premise that there is a major difference between what may be considered immoral and what is criminal. An act is not criminal unless a legislative body (Congress, state legislature, or city council) decides it is. Legislative bodies not only determine criminality, but they also decide the severity of a crime. Retired judges Gayle Williams-Byers and Thomas Hodson break down the differences between minor criminal offenses -- misdemeanors and major crimes -- felonies. They also outline how misdemeanor cases are initiated and the system of criminal complaints. Our hosts also delve deeply into how felony cases originate and how grand juries are conducted and function. They discuss the differences between a grand jury empaneled to determine probable cause and a grand jury designed to investigate potential crimes. The differences between arraignments and initial appearance in court are also described and our judges also explain the concept of setting bond on a criminal case. What considerations may a judge consider in determining what type of bond to set for a prisoner’s release prior to trial? Finally, our hosts give insight into the various pleas available to a criminal defendant and why they almost always plead not guilty in felony cases.

    58 min

  3. FEB 24

    The Fight for a Third Trump Term: Can It Really Happen?

    Just a month into Donald Trump’s second term as president, some of his supporters are already pushing a constitutional amendment to allow him a third term in office. Even Trump, himself, is talking about the possibility of a third term being mandated by his MAGA supporters. The day after Trump’s inauguration, Rep. Andy Ogles of Tennessee introduced a resolution in the House of Representatives to amend the U.S. Constitution to allow Trump to run and be elected for a third term. Currently, the 22nd Amendment which was ratified in 1951 prohibits a person from being elected more than twice as President. The 22nd Amendment was passed after President Franklin Delano Roosevelt (FDR) failed to complete his fourth term in office. He was elected four times from 1932-1944. This episode of Next Witness…Please, examines how constitutional amendments are ratified and the dangers to our democracy that may appear on the horizon. Retired judges Gayle Williams-Byers and Thomas Hodson discuss the route for an amendment that starts with Congress, and they explain a second option in which the states call for a national Constitutional Convention. They outline the processes to be followed to enact an amendment and how amending the federal constitution differs from amending most state constitutions. Retired judges Byers and Hodson also discuss ways that Trump could grab a third presidential term without passing a constitutional amendment. He could spawn a movement to repeal the 22nd Amendment; he could run for vice president and then have the titular president resign, or he could just ignore the constitution altogether by refusing to leave office despite current constitutional language.

    1 hr

  4. FEB 17

    Trump and Musk Declare War on Bureaucracy—But Americans Trust Civil Servants More

    As President Donald Trump and his cohort Elon Musk target huge cuts in the federal bureaucracy, the public trusts bureaucrats more than politicians. In an interesting 2024 survey by the Partnership for Public Service, 63 percent of Americans said they did not trust the federal government while only 31 percent said the federal government had a positive impact on the United States. However, 91 percent believe competent civil servants are important to a strong democracy and 95 percent believe civil servants should be hired based upon merit rather than politics. On this edition of Next Witness…Please, Dr. Stephen A. Goldman, psychiatrist, author, and historian, delves into the reasons for this dichotomy. He discusses the importance of federal regulation and the non-partisan civil service in the wake of Trump’s executive orders targeting thousands of federal workers. He explains the regulatory process in simple, understandable terms. Dr. Goldman spent several years at the Food and Drug Administration (FDA) as a medical product safety and risk management expert and regulator and speaks from first-hand knowledge about the importance of regulations. He also explains the importance of the oath that federal workers take pledging their allegiance to the U.S. Constitution and not to any one political leader. This independence is vital for the neutral functioning of government and has served our country well, he says. Dr. Goldman warns that getting rid of a non-political civil service has been the target of authoritarians and fascists throughout history. He fears that, if left unprotected, ridding the government of so many trained professionals will do irreparable harm to the United States and the damage may be irreversible.

    59 min

  5. FEB 10

    Trump's War on DEI: Executive Orders Spark Legal Battles And Voluntary Rollbacks

    Amid President Donald Trump’s early slew of executive orders, at least four seek to eliminate Diversity, Equity and Inclusion (DEI) initiatives started as long ago as the presidency of Lyndon Johnson. This edition of Next Witness…Please examines the concept of executive orders, charts some voluntary compliance and delves into current and upcoming litigations challenging the constitutionality of the orders. The executive orders seek to eliminate DEI initiatives in government, the military, the private sector and higher education. There is a fourth one directed at K-12 education that was promulgated but that will be a subject of a separate Next Witness…Please episode. Our retired judges Gayle Williams-Byers and Thomas Hodson explain that an executive order can take steps that are withing the scope of constitutional authority of the Executive Branch of Government. An executive order cannot override existing federal laws or statutes passed by Congress. On Jan. 20, Trump issued an order to eliminate all DEI hiring within the federal government under the title of “Restoring the Federal Hiring Process and Restoring Merit to Government Service.” The next day he issued an order “Ending Illegal Discrimination and Restoring Merit Based Opportunity” calling DEI programs “dangerous, demeaning, and immoral race and sex-based preferences.” On Jan. 22, he signed an order, “Restoring America’s Fighting Force”, abolishing all DEI offices and initiatives in the military. These orders have sparked voluntary compliance within the federal government and the private sector with many corporations and academic institutions announcing elimination of DEI initiatives. On February 3, one lawsuit was filed in federal court in Maryland asking for a preliminary and permanent injunction against the all-encompassing order saying it is unconstitutional on multiple levels.

    1h 5m

  6. FEB 3

    Trump’s Felony Sentencing: Why It Still Matters Amid the Chaos of His PresidencyTrump’s Felony Sentencing: Why It Still Matters Amid the Chaos of His Presidency

    As the first weeks of President Donald J. Trump’s presidency devolve into chaos within the federal government, the Next Witness…Please podcast takes a retrospective look at Trump’s felony sentencing in New York and why it is still important. Retired judges Gayle Williams-Byers and Thomas Hodson talk about the reasoning used by Judge Juan Merchan for his sentence, the sentencing proceeding itself and the Supreme Court decision leading up to the sentencing. Our hosts define, in understandable terms, what an “unconditional discharge” is and explain the importance of a “final appealable order” in the 34 felony convictions. A sentencing of Trump had to take place before Trump’s legal team could appeal the case to the next level court of appeals in New York. Our retired judges also examine the 5-4 decision by the U.S. Supreme Court that allowed the sentencing to proceed just days before Trump’s inauguration. The Court ruling against Trump was a surprise to many observers who expected the super conservative majority to side with President Trump. Our hosts also discuss how President Trump cannot pardon himself for state committed felonies and why that matters. Finally, they delve into how Trump, even at a state court level, got special treatment that other criminal defendants would never receive.

    1h 4m

  7. JAN 18

    TikTok’s Future in America Hangs by a ThreadTikTok’s Future in America Hangs by a ThreadTikTok’s Future in America Hangs by a Thread

    As TikTok, the video app, skyrockets in popularity, a legal battle rages to see if a Congressional ban to shut it down takes effect on Jan.19. The U.S. Supreme Court recently heard 2.5 hours of oral arguments in a lawsuit filed by ByteDance, the parent company who owns TikTok, along with some creators, against legislation passed last April by Congress. The Congressional action said that TikTok either had to cease operations in the United States by Sunday, Jan. 19 or sell ByteDance to an American owner. The plaintiffs are trying to have the Court find the Congressional ban unconstitutional based upon the First Amendment. Congress passed the ban based upon security concerns saying that ByteDance was controlled by the Chinese government and that TikTok has been gathering data on Americans and that process breaches national security. The government has argued that this is not a First Amendment issue but an issue of national security that Congress has the right to protect. As of Jan. 16, the Supreme Court has not yet issued its ruling. Meanwhile, President elect Donald Trump is trying to devise ways to halt the ban for 60 to 90 days to see if he can broker a deal between China and Congress. On this episode of Next Witness…Please, retired judges Thomas Hodson and Gayle Williams-Byers explain the legal questions raised in the litigation and look at what other options might be available to save TikTok. They also look ahead at what will happen is TikTok is shut down.

    1h 6m

  8. JAN 9

    Countdown: Trump Awaits Sentencing as Legal Battles Persist

    As we approach the inauguration of President Donald Trump, his only remaining active criminal cases are approaching conclusion. Trump is scheduled to be sentenced on January 10 in a New York courtroom by Judge Juan Merchan for the 34 felonies for which a jury found Trump guilty. Judge Merchan has indicated there would be no jail time and no official probation and that the cases would be “unconditionally discharged” – meaning no punishment. However, leading up to the scheduled sentencing, there have been numerous motions filed by Trump’s defense team to dismiss the cases altogether Recently, Judge Merchan has found that the U.S. Supreme Court’s presidential immunity decision does not apply to these cases and even if it did, the other evidence presented by the prosecution was overwhelmingly in favor of guilt. Merchan also stated that the defense waived their right to object to the verdicts based upon immunity. Other motions are pending and are expected to be denied. On this episode of Next Witness…Please, our hosts breakdown Judge Merchan’s decisions and explain them in understandable terms. They discuss the concept of “waiver” and “harmless error.” Since the recording of this podcast, Trump’s defense team has asked the trial court to dismiss the case saying that presidential immunity applies to a president-elect. Judge Merchan has denied that motion as has the appellate court in New York. Trump has asked the U.S. Supreme Court to intervene on his behalf and stay the sentencing. A ruling is expected before Jan. 10.

    1h 3m
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About

Ever found yourself lost in legal jargon? Fear not! Our mission is to decode complex legal concepts into everyday language, making them accessible to all. Meet your hosts, the dynamic duo known as the Judicial Twins! Retired judge Tom Hodson brings over 50 years of legal expertise as a trial judge, defense attorney, and former Judicial Fellow at the Supreme Court of the United States. Retired judge Gayle William-Byers, with more than two decades of public service as a prosecutor and judge, is now sharing her knowledge as a Judicial Fellow for The National Judicial College and a legal analyst. Join us as we embark on a quest to demystify the legal system and increase your understanding of its complexities. Tune in to "Next Witness... Please" for enlightening discussions, insightful perspectives, and a deeper understanding of the law. Don't miss out – subscribe now and let's unravel the mysteries of the legal world together!

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  • Creator
    WOUB Public Media
  • Years Active
    2024 - 2025
  • Episodes
    36
  • Rating
    Clean
  • Copyright
    © 2024 WOUB Public Media
  • Show Website
    Next Witness...Please

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