Bad cases make bad law - a podcast by KCRW

Last week, the Justice Department made their case for why they should step in and defend in the defamation lawsuit E. Jean Carroll filed against President Trump. A federal judge just ruled on their two main arguments: no, the president is not a government employee according to the law, therefore the DOJ cannot take over and represent him, and also no, the president was not acting in his official capacity as president when he denied Carroll’s allegation.

Ken White and Josh Barro talk through the judge’s opinion and what might happen next with Carroll’s suit. Did the judge sort of do the government a solid here?

Then, guess what: we still don’t have a ruling from Long-Suffering Federal Judge Emmet Sullivan on the government’s motion to dismiss the case against former Trump national security adviser Michael Flynn. Instead, we have a twist. Some of the documents the government filed in support of dropping the case against Flynn were altered.

All The President’s Lawyers will take a break next week for the election and will return Wednesday, November 11.

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