Jeffrey Toobin On Lawfare And SCOTUS
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This is a free preview of a paid episode. To hear more, visit andrewsullivan.substack.com Jeffrey Toobin is a lawyer, author, and the chief legal analyst at CNN, after a long run at The New Yorker. He has written many bestselling books, including True Crimes and Misdemeanors, The Oath, The Nine, and Too Close to Call, and two others — The Run of His Life and A Vast Conspiracy — were adapted for television as seasons of “American Crime Story” on the FX channel. You can listen right away in the audio player above (or on the right side of the player, click “Listen On” to add the Dishcast feed to your favorite podcast app). For two clips of our convo — why the Bragg conviction helped Trump, and the origins of lawfare with Bill Clinton — pop over to our YouTube page. Other topics: growing up in NYC as the only child of two journos; his mom was a pioneering TV correspondent; his dad was one of founding fathers of public television; Jeffrey at the Harvard Crimson and then Harvard Law; how Marty Peretz mentored us both; the conservative backlash after Nixon and rebuilding executive power; Ford’s pardon; Jeffrey on the team investigating Oliver North; the Boland Amendment and the limits of law; Cheney’s role during Iran-Contra; how Congress hasn’t declared war since WWII; Whitewater to Lewinsky; Ken Starr and zealous prosecutors; Trump extorting Ukraine over the Bidens; Russiagate; the Mueller Report and Barr’s dithering; how such investigations can help presidents; the Bragg indictment; the media environment of Trump compared to Nixon; Fox News coverage of Covid; Trump’s pardons; hiding Biden; the immunity case; SEAL Team Six and other hypotheticals; Jack Smith and fake electors; the documents case; the check of impeachment; the state of SCOTUS and ethics scandals; Thomas and the appearance of corruption; the wives of Thomas and Alito; the Chevron doctrine; reproductive rights; the Southern border and asylum; Jeffrey’s main worry about a second Trump term; and his upcoming book on presidential pardons. Browse the Dishcast archive for an episode you might enjoy (the first 102 are free in their entirety — subscribe to get everything else). Coming up: Eric Kaufmann on liberal extremism, and Bill Wasik and Monica Murphy on animal cruelty. (Van Jones’ PR team canceled his planned appearance.) Please send any guest recs, dissents, and other comments to [email protected]. Here’s a fan of last week’s episode with Anne Applebaum: I loved your freewheeling interview with Applebaum. Just like the last time she was on, each of you gave as good as you got. I tend to agree more with her, because I fear that sometimes you come off as what Jeane Kirkpatrick called the “blame America first crowd” — not that we haven’t committed our sins. But if we didn’t exist, Putin would still be evil and want to recreate the Warsaw Pact, and the mullahs in Iran would still be fanatics despite our CIA involvement. It’s complicated. Another on foreign policy: I despise Putin, my sympathies are totally with the Ukrainians, and I get angry when people like Rod Dreher and Tucker Carlson imply that the Russians were forced by the West to invade Ukraine. But, so what! You hit the nail on the head with the Obama quote — that Ukraine is never going to mean as much to us as it does to them (the Russians). You also made another very good point that the Russians can’t even conquer Ukraine, but we’re supposed to fear they will march West? How they going to do that?! Another took issue with several things from Anne: You raised the immigration issue, and Applebaum completely dismissed it: Hungary doesn’t have a migrant crisis. … Because it’s a useful symbol [to] create fear and anxiety. … This is the oldest political trick in the book, and the creation of an imaginary culture war is one of the ways in which you build support among a more fearful part of the population. WTF? Are Hungarians not allowed t
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