Can the Attorney General Appoint a Special Counsel?

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 29 August 2024

⏱️ 55 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

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 [email protected].  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

Transcript

Click on a timestamp to play from that location

0:00.0	In July, Judge Aileen Cannon dismissed a criminal case charging former President Trump with
0:06.2	hoarding classified documents at his home in Orilago.
0:10.3	Judge Cannon held that the prosecutor in the case, Special Counsel Jack Smith, was not properly appointed by the Justice Department.
0:17.0	Hello friends, I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We The People, a weekly show of constitutional debate.
0:29.0	The National Constitution Center is a nonpartisan nonprofit, chartered by Congress to increase awareness and
0:34.6	understanding of the Constitution among the American people. In this
0:38.4	episode of We The People will explore the merits of Judge Cannon's decision
0:42.4	as well as the constitutional and statute. will explore the merits of Judge Cannon's decision,
0:42.9	as well as the constitutional and statutory basis
0:45.8	for the special counsel.
0:48.3	Joining me to discuss this question
0:50.4	are two of America's leading constitutional scholars, both of whom argued
0:54.8	before Judge Cannon on this central question, and it is such an honor to convene them today.
1:00.0	Matthew Seligman of Stanford Law School and Josh Blackman of the South Texas College of Law
1:05.8	Houston. Matthew Seligman is a non-resident fellow at Stanford Law School.
1:10.5	He was previously a Clamenco fellow and lecturer in law at Harvard Law School, a fellow at the Center for Private Law at Yale Law School, and a visiting assistant professor at the Benjamin and Cardozo School of Law. Matthew filed a brief in Judge Cannon's court.
1:25.2	Matthew, it is wonderful to welcome you to We The People.
1:28.0	Thanks so much. It's wonderful to be here.
1:30.6	And Josh Blackman is the Centennial Chair of Constitutional Law at the South Texas College of Law Houston. Josh is also an adjunct scholar at the Cato Institute and has written three books. His latest and introduction to constitutional law was a
1:44.1	top five bestseller on Amazon. Josh also filed a brief in the case. Josh, it is
1:49.2	wonderful to welcome you back to We The People. Thanks for having it back, Jeff.
1:54.0	Let's begin with Judge Cannon's opinion,
	...

Transcript will be available on the free plan in -214 days. Upgrade to see the full transcript now.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from National Constitution Center, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of National Constitution Center and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.