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.
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Today’s episode was produced by Samson Mostashari and Bill Pollock. It was engineered by Bill Pollock. Research was provided by Samson Mostashari, Cooper Smith, and Yara Daraiseh.
Participants
Matthew Seligman is a partner at Stris & Maher and legal scholar and non-resident fellow at the Stanford Constitutional Law Center, whose academic research focuses on election law, with a particular emphasis on disputed presidential elections. His broader research interests span constitutional law, federal courts, contracts, and private law theory.
Josh Blackman is a professor of law and Centennial Chair of Constitutional Law at South Texas College of Law Houston, and adjunct scholar at the Cato Institute, and president and co-founder of the Harlan Institute. His work has been quoted during two presidential impeachment trials, he has testified before Congress and advises federal and state lawmakers.
Jeffrey Rosen is the president and CEO of the National Constitution Center. Rosen is also a professor of law at The George Washington University Law School and a contributing editor of The Atlantic. His most recent book is The Pursuit of Happiness: How Classical Writers on Virtue Inspired the Lives of the Founders and Defined America.
Additional Resources:
- United States v. Nixon
- Trump v. United States
- 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 (July 29, 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)
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