"Impeachmentpalooza"- with Constitutional Professor Eric Berger - a podcast by FHL Productions
from 2021-02-04T15:00
Josh and Will welcome back our resident Constitutional expert, Professor Eric Berger (See Bio below), to talk about the second impeachment of former President Trump. The conversation starts off with the constitutionality of impeaching a former officeholder and how this isn't as unprecedented as you might think. Then they discuss the different interpretations of the law that might inform the proceedings, including the absence of Chief Justice Roberts presiding over the trial. Professor Berger then explains what Section 3, of the 14th Amendment is and how it might be applied, as well as, the legal risks it poses for the ex-President.
The conversation then switches gears so Will could ask Professor Berger some questions about the expansion of the Supreme Court and get his take on the nomination of Merrick Garland as Attorney General.
Episode Notes
House Impeachment Brief:
President Trump's Defense Brief:
Biden administration has developed a Commission to study reforms to the Supreme Court and the federal judiciary.
Biden nomination of Merrick Garland as Attorney General:
Professor Eric Berger Bio:
Professor Eric Berger joined the Nebraska College of Law faculty in 2007. He received his B.A. with Honors in History from Brown University, and his J.D. from Columbia Law School, where he was a Kent Scholar and an Articles Editor on the Columbia Law Review. After law school, Professor Berger clerked for the Honorable Merrick B. Garland on the United States Court of Appeals for the District of Columbia Circuit. He then practiced in Jenner & Block's Washington, D.C. office, where he worked on litigation in several state and federal trial and appellate courts, including the United States Supreme Court. Professor Berger's matters there included cases involving lethal injection, same-sex marriage, the detention of foreign nationals at Guantanamo Bay, and internet obscenity.
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