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Back to All the Presidents' Lawyers

All the Presidents' Lawyers

Recognize the legitimacy of this podcast

Let’s talk about this letter from the White House, calling the “impeachment inquiry” illegitimate.

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By Josh Barro • Oct 9, 2019 • 42m Listen

White House counsel Pat Cipollone sent a letter to Congress laying out why they won’t be participating in the impeachment inquiry. Ken says it’s eight pages of bloviation and very short on rule of law. And what’s really new here? Shouldn’t we have expected this reaction from President Trump and the White House legal team? Ken says this shows a level of defiance from the White House that hasn’t been there before, but what happens if a court eventually makes a call on the relative powers of the legislative and executive branch? Josh says that’s the real uncharted territory here. But, as Ken notes, this is a specific defiance of a specific constitutional procedure: the Constitution is clear that the House has the “sole power to impeach” and this letter essentially says the White House doesn’t recognize that power.

Plus: why hasn’t there been a vote in the House to proceed with impeachment? How long could it take for Congress to get what they’re seeking from EU Ambassador Gordon Sondland? A federal judge in New York rejected President Trump’s argument he and his people and entities are immune from federal and state investigations -- this is the case where New York state is seeking his tax returns. If New York succeeds, will we get to see them? Maybe. Is Rudy Giuliani right that there’s a conspiracy to remove the president -- in other words, is it RICO? And wait, is Rudy Giuliani Donald Trump’s lawyer?

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    Josh Barro

    Former host of Left, Right & Center

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    Ken White

    Brown, White & Osborn / Popehat

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    Sara Fay

    Former producer of Left, Right and Center

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