Logo
    Search

    Is the U.S. president now above the law?

    enJuly 03, 2024

    Podcast Summary

    • Presidential ImmunityThe Supreme Court has ruled that former presidents, including Trump, have immunity from criminal prosecution for actions taken during their presidency, but this immunity is not absolute and would need to be proven in court that actions were not within official duty.

      The Supreme Court has ruled that former presidents, including Donald Trump, have immunity from criminal prosecution for actions taken during their presidency. This immunity applies to a broad range of presidential actions, not just those within the narrow confines of official duty. The decision has sparked controversy and debate, with some arguing that it gives presidents excessive power and undermines the rule of law. The ruling does not provide absolute immunity for all actions taken as president, but it does create a strong presumption against prosecution. The case for prosecuting a former president would need to be made to a judge, who would need to determine that the actions in question were not taken within the scope of official duty.

    • Executive Privilege and Presidential ImmunityThe Supreme Court's decision on executive privilege makes it more difficult to prosecute a sitting president for official acts, potentially leading to lengthy legal battles and creating a gray area for future presidents to act without fear of criminal prosecution, but also risks allowing a president to act lawlessly with impunity according to dissenting justices.

      The Supreme Court's decision on executive privilege significantly raises the bar for prosecuting a sitting president for official acts. While some actions may still be subject to prosecution, the decision creates a gray area that could lead to lengthy legal battles. This decision not only impacts ongoing cases against Donald Trump but also sets a precedent for future presidents, potentially giving them more freedom to act without fear of criminal prosecution. However, dissenting justices argue that this decision could potentially allow a president to act lawlessly with impunity.

    • Presidential ImmunityThe Supreme Court's decision grants broad immunity to presidents from criminal prosecution while in office, potentially allowing them to order illegal actions with impunity, and raising concerns about potential abuse of power.

      The Supreme Court's decision granting former President Trump broad immunity from criminal prosecution while in office is a significant development with major implications for future presidents. The court's ruling, which could potentially allow a president to order illegal actions with immunity, was described as a "big deal" by constitutional law expert Alison Lacroix. The decision, which was issued near the end of the court's term, was highly anticipated and had a suspenseful build-up. The majority opinion suggests that a president's orders to military personnel could be covered by immunity, regardless of the president's motive or the illegality of the actions. Dissenting justices have raised concerns about the potential for presidential abuse of power. The only hope for holding a president accountable in such a situation may be for a lower court to apply a sifting process to determine if the president's immunity is absolute or if there are exceptions.

    • Presidential Power and the LawThe President's power is not limitless, they can't engage in actions outside of their constitutional authority without facing legal challenges.

      While the President of the United States holds significant power, they are not above the law. The recent court opinion emphasizes that the President cannot be second-guessed by the courts for decisions made within their constitutional authority, such as using the military or pardoning individuals. However, if the President were to engage in actions outside of their constitutional authority, like organizing a military coup or unilaterally passing laws, they could potentially face legal challenges. It's important to remember that the President's power is not limitless, and their actions must be within the scope of their constitutional authority.

    • Presidential ImmunityThe president cannot use executive privilege to shield themselves from criminal prosecution for organizing a military coup or assassinating someone, and the checks and balances system ensures that no one, including the president, is above the law.

      While the Supreme Court has expanded executive privilege to shield a sitting president from criminal prosecution, there are still checks and balances in place. The president cannot organize a military coup or assassinate someone without facing consequences. The distinction between the president as a criminal defendant and as a producer of documents or a participant in judicial processes is crucial. The Nixon Supreme Court case set a precedent for the court to request materials from the president, but not make them a criminal defendant. This distinction may be tested if a president is indicted for bad actions. The checks and balances system ensures that no one, including the president, is above the law.

    • Supreme Court's immunity decisionThe Supreme Court's decision to grant presidents immunity from criminal investigations while in office could lead to voter disillusionment and a loss of reverence for the institution, as the political landscape and the connection between the court and the presidency become more apparent.

      The Supreme Court's decision to grant presidents immunity from criminal investigations while in office could erode norms and change the perception of the court as non-political. Previous presidents, such as Nixon and Trump, have faced allegations of criminal activity but were not prosecuted. The exception will be immunity, and the assumption will be that presidents are immune from criminal investigations. This could lead to voter disillusionment with the Supreme Court and a loss of reverence for the institution. The only recourse for those who disagree with the court's decisions is to vote for a different president, as justices serve for life. The political landscape and the connection between the court and the presidency are becoming more apparent to the public. The Supreme Court's decisions, particularly those on the right side of politics, are increasingly seen as political and radical. The tight connection between the court and the president means that the only real lever for change is through the electoral process. However, the outcome of this process is largely dependent on luck and circumstance, such as when justices die or retire.

    • 2016 election consequencesSteve Bannon's imprisonment is a significant moment in the ongoing political discourse, with implications for the Supreme Court and various policies for a generation, and Bannon maintains his investigations of the 'deep state' will be done within the rule of law.

      The outcome of the 2016 presidential election had significant consequences, shaping the Supreme Court and various policies for a generation. In a recent conversation, Steve Bannon, a key figure in Trump's presidency, discussed his upcoming prison sentence for contempt of Congress and his plans for investigating the "deep state." While some criticize this as an attempt to weaponize the government, Bannon maintains that it will be done within the rule of law. Despite his own legal troubles, Bannon remains a significant player in conservative circles, using his TV show to explore right-wing ideas. His imprisonment marks a significant moment in the ongoing political discourse.

    • Trump's private personaDespite a public persona of bombast, Trump's private persona was described as charming, accommodating, and obsessed with finance, politics, and military metaphors, with a makeshift 'war room' filled with books, lights, cameras, and microphones.

      During a conversation with Steve Bannon on the eve of his prison entry, Donald Trump was portrayed as a charming and accommodating figure in a makeshift "war room." Despite the bombastic persona displayed in public, Trump was described as having a basement setup filled with books, lights, cameras, and microphones. He was also shown to be obsessed with finance, politics, and military metaphors. Trump and his supporters are preparing for the November elections with an "army" of poll workers, poll watchers, and lawyers, ready to contest any perceived fraud. They believe the election results will be a "victory or death" situation for Trump supporters. Despite the potential for violence, Trump and his team are confident they are "winning" and will continue their political war against their perceived enemies.

    • Biden's presidential nominationSeveral senior Democrats have expressed concerns about Biden's debate performance and suggested he step down, with some advocating for Harris to take over. Pelosi has raised questions about Biden's ability to lead, and the White House is considering limiting Biden's public appearances, but his performance in a live interview or press conference remains uncertain.

      There are growing calls for Joe Biden to step down as the Democratic presidential nominee following his disappointing debate performance. Senior Democratic officials, including Lloyd Doggett, Tim Ryan, and Jim Clyburn, have publicly expressed their concerns and suggested that Kamala Harris should take over. Nancy Pelosi has also raised questions about Biden's ability to lead. The White House is reportedly considering protecting Biden by limiting his public appearances, but some believe that a live interview or press conference would help put these concerns to rest. However, there are concerns that Biden may not perform well under these circumstances, as he did during the debate. The situation is evolving, and we will continue to monitor developments.

    Recent Episodes from Americast

    I’m still standing: Biden strikes back

    I’m still standing: Biden strikes back

    One week on from his disastrous presidential debate performance, Joe Biden has given his first interview to the American network ABC, to try and reassure the voices calling for him to stand aside. Justin and Sarah convene for an emergency episode to analyse his performance, in which the president defends his health, and presidential record. They also discuss who might replace Biden if and when he goes.

    HOSTS: • Justin Webb, Radio 4 presenter • Sarah Smith, North America Editor

    GET IN TOUCH: • Join our online community: https://discord.gg/qSrxqNcmRB • Send us a message or voice note via WhatsApp to +44 330 123 9480 • Email Americast@bbc.co.uk • Or use #Americast

    US Election Unspun: Sign up for Anthony’s new BBC newsletter: https://www.bbc.co.uk/news/world-us-canada-68093155

    This episode was made by Purvee Pattni with Rufus Gray. The technical producer was Ricardo McCarthy. The series producer is Purvee Pattni. The senior news editor is Sam Bonham.

    Americast
    enJuly 06, 2024

    Is the U.S. president now above the law?

    Is the U.S. president now above the law?

    In one of its most pivotal decisions of the year, the top US court has ruled that American presidents can have absolute immunity for ‘official’ acts. But what does that mean exactly? How far could the leader of the free world push the definition of a presidential duty?

    Sarah and Anthony have been combing through the opinion, and call in constitutional law expert Alison LaCroix to help them understand all the details - from the practical to the farcical. Does the ruling impact Donald Trump’s other legal cases? Could Joe Biden order Trump’s assassination and claim immunity?

    Elsewhere in the world of politics, some Democrats have started to publicly call for Biden to withdraw from the 2024 race. Plus, Sarah sat down with former Trump strategist Steve Bannon, on plans to contest the 2024 presidential election if the Democrats win. GUESTS: Alison LaCroix, Constitutional law expert and professor Steve Bannon, former strategist for Donald Trump HOSTS: Sarah Smith, North America Editor Anthony Zurcher, North America Correspondent GET IN TOUCH: * Join our online community: https://discord.gg/qSrxqNcmRB * Send us a message or voice note via WhatsApp to +44 330 123 9480 * Email Americast@bbc.co.uk * Or use #Americast US Election Unspun: Sign up for Anthony’s new BBC newsletter: https://www.bbc.co.uk/news/world-us-canada-68093155 This episode was made by Purvee Pattni, Catherine Fusillo, Claire Betzer, and Rufus Gray. The technical producer was Hannah Montgomery. The series producer is Purvee Pattni. The senior news editor is Sam Bonham.

    Americast
    enJuly 03, 2024

    Americanswers! Will Democrats force Joe Biden out? Who could take his place?

    Americanswers! Will Democrats force Joe Biden out? Who could take his place?

    After last week’s presidential debate, Justin and Marianna discuss whether President Biden is likely to step down – or be forced to stand down – as the Democratic nominee. Who might replace him? Or if he stays, what are his chances of winning the election against Donald Trump? Justin and Marianna also answer questions on how the media covered Trump’s performance in the debate, and why many of his false claims were not fact checked. GUESTS: Miles Taylor, former chief of staff at Department for Homeland Security HOSTS: Justin Webb, Radio 4 presenter Marianna Spring, Disinformation & Social Media Correspondent GET IN TOUCH: * Join our online community: https://discord.gg/qSrxqNcmRB * Send us a message or voice note via WhatsApp to +44 330 123 9480 * Email Americast@bbc.co.uk * Or use #Americast US Election Unspun: Sign up for Anthony’s new BBC newsletter: https://www.bbc.co.uk/news/world-us-canada-68093155 This episode was made by Purvee Pattni and Catherine Fusillo. The technical producer was Jack Graysmark. The series producer is Purvee Pattni. The senior news editor is Sam Bonham.

    Americast
    enJuly 02, 2024

    The Biden vs Trump Presidential Debate!

    The Biden vs Trump Presidential Debate!

    Joe Biden and Donald Trump face off in their first presidential debate

    The testy showdown was marked by personal attacks and a stumbling Biden performance. The Americast Team reacts to the policies debated as well as each candidate’s performance.

    Sarah and Anthony join us from the Spin Room after the debate, where they talk about the Democrats’ mood and how the Trump team is reacting.

    GUESTS: Miles Taylor, former chief of staff at Department for Homeland Security

    HOSTS: Justin Webb, Radio 4 presenter Sarah Smith, North America Editor Anthony Zurcher, North America Correspondent

    GET IN TOUCH: * Join our online community: https://discord.gg/qSrxqNcmRB * Send us a message or voice note via WhatsApp to +44 330 123 9480 * Email Americast@bbc.co.uk * Or use #Americast

    US Election Unspun: Sign up for Anthony’s new BBC newsletter: https://www.bbc.co.uk/news/world-us-canada-68093155

    This episode was made by Purvee Pattni and Catherine Fusillo. The series producer is Purvee Pattni. The senior news editor is Sam Bonham

    Americast
    enJune 28, 2024

    Americanswers! What are bump stocks? And would Biden step aside?

    Americanswers! What are bump stocks? And would Biden step aside?

    More questions, more answers: Anthony and Miles disect how Democrats in the deep south lost the working class vote.

    The team tackle who Trump’s current VP pick might be, and respond to the most asked question in the Americast inbox: whether if it’s too late for Trump or Biden to drop out of the race.

    We also find out how politics is breaking up American families, and whether Western allies fear the return of Donald Trump.

    GUESTS: Miles Taylor, former chief of staff at Department for Homeland Security

    HOSTS: Anthony Zurcher, North America Correspondent

    GET IN TOUCH: * Join our online community: https://discord.gg/qSrxqNcmRB * Send us a message or voice note via WhatsApp to +44 330 123 9480 * Email Americast@bbc.co.uk * Or use #Americast

    US Election Unspun: Sign up for Anthony’s new BBC newsletter: https://www.bbc.co.uk/news/world-us-canada-68093155

    This episode was made by Rufus Gray and Catherine Fusillo. The technical producer was Philip Bull. The series producer is Purvee Pattni. The senior news editor is Sam Bonham.

    Americast
    enJune 24, 2024

    Up for debate? Trump and Biden prepare to spar again

    Up for debate? Trump and Biden prepare to spar again

    Joe Biden and Donald Trump will face off next week in the first presidential debate of the 2024 U.S. election season. Questions are swirling about how prepared both candidates are before they meet each other at the podium once again.

    Sarah and Justin sit down with Mike Murphy, a veteran Republican strategist who has prepared many Republican candidates for debate, to break down what we can expect from the rematch. Can Biden calm concerns about the economy? Can Trump swat away attacks about his criminal conviction? What should Americasters be watching out for?

    The showdown could be the most momentous debate of both men’s political careers.

    HOSTS: • Justin Webb, Radio 4 presenter • Sarah Smith, North America Editor

    GUEST: • Mike Murphy, Republican strategist & Co-Host of ‘Hacks on Tap’

    GET IN TOUCH: • Join our online community: https://discord.gg/qSrxqNcmRB • Send us a message or voice note via WhatsApp to +44 330 123 9480 • Email Americast@bbc.co.uk • Or use #Americast

    US Election Unspun: Sign up for Anthony’s new BBC newsletter: https://www.bbc.co.uk/news/world-us-canada-68093155

    This episode was made by Purvee Pattni with Rufus Gray and Claire Betzer. The technical producer was Hannah Montgomery. The series producer is Purvee Pattni. The senior news editor is Sam Bonham.

    Americast
    enJune 20, 2024

    Americanswers! The ‘special relationship’ and running for a third term?

    Americanswers! The ‘special relationship’ and running for a third term?

    Justin gets grilled by the Americasters on why he didn’t correct an interviewee who referred to Donald Trump as “President”... And why he refers to the world wide HQ of Americast as being in “London, England”.

    He and Sarah also tackle precinct issues like how Trump and Keir Starmer would interact if elected this year, and whether he could run for a third term, and how a President builds his cabinet. We also hear from a caller, who wants to know what happened to the political centre ground in the United States?

    HOSTS: Sarah Smith, North America editor Justin Webb, Radio 4 presenter

    GET IN TOUCH: * Join our online community: https://discord.gg/qSrxqNcmRB * Send us a message or voice note via WhatsApp to +44 330 123 9480 * Email Americast@bbc.co.uk * Or use #Americast

    US Election Unspun: Sign up for Anthony’s new BBC newsletter: https://www.bbc.co.uk/news/world-us-canada-68093155

    This episode was made by Rufus Gray. The technical producers were Mike Regaard and Hannah Montgomery. The series producer is Purvee Pattni. The senior news editor is Sam Bonham.

    Americast
    enJune 17, 2024

    Hunter Biden Trial…Guilty!

    Hunter Biden Trial…Guilty!

    Hunter Biden has been found guilty on all three charges in his federal gun trial, becoming the first child of a sitting U.S. president to be criminally convicted. Prosecutors said Biden lied about his drug use when he bought a handgun in 2018. Sarah Smith - who has just returned from Delaware where the trial took place - and Justin Webb unpack the evidence and the consequences for President Joe Biden’s re-election campaign.

    Also, Justin and Sarah speak to Jill Biden’s former Press Secretary, Michael LaRosa on how the case will be affecting Joe Biden’s inner circle. Could the U.S. president pardon his son?

    HOSTS: - Sarah Smith, North America Editor - Justin Webb, Radio 4 presenter

    GUEST: - Michael LaRosa, Former Press Secretary to Jill Biden

    GET IN TOUCH: • Join our online community: https://discord.gg/qSrxqNcmRB • Send us a message or voice note via WhatsApp to +44 330 123 9480 • Email Americast@bbc.co.uk • Or use #Americast

    US Election Unspun: Sign up for Anthony’s new BBC newsletter: https://www.bbc.co.uk/news/world-us-canada-68093155

    This episode was made by Purvee Pattni with Rufus Gray, Catherine Fusillo and Claire Betzer. The technical producer was Hannah Montgomery. The series producer is Purvee Pattni. The senior news editor is Sam Bonham.

    Americast
    enJune 12, 2024

    Americanswers! Project 2025 and Biden’s mental capacity

    Americanswers! Project 2025 and Biden’s mental capacity

    Sarah Smith is reunited with the Zurch! She’s back from her holiday, and returns to a very full inbox of Ameriquestions to answer.

    They include queries on whether the U.S. would ever elect a President who isn’t a Christian, and why politicians “approve this message” at their end of their campaign adverts?

    And we speak to Americaster Joanna, who wants to know whether Americans harbour desires for their own monarchy.

    HOSTS:

    - Sarah Smith, North America editor - Anthony Zurcher, North America Correspondent

    GET IN TOUCH: • Join our online community: https://discord.gg/qSrxqNcmRB • Send us a message or voice note via WhatsApp to +44 330 123 9480 • Email Americast@bbc.co.uk • Or use #Americast

    US Election Unspun: Sign up for Anthony’s new BBC newsletter: https://www.bbc.co.uk/news/world-us-canada-68093155

    This episode was made by Rufus Gray with Catherine Fusillo and Claire Betzer. The technical producer was Hannah Montgomery. The series producer is Purvee Pattni. The senior news editor is Sam Bonham.

    Americast
    enJune 10, 2024

    Trump Trial… An interview with team Donald Trump

    Trump Trial… An interview with team Donald Trump

    Donald Trump has been speaking out after being convicted last week on all 34 counts of falsifying business records. His team say they will continue to appeal, but on what grounds, and how likely are they to overturn the verdicts? Justin and Anthony hear directly from the Trump campaign, and also put forward questions from Americast listeners. Sentencing takes place on July 11th.

    Also, what happened in Hunter Biden’s criminal trial which got underway in Delaware this week? It is the first trial for the son of a sitting US president. He is accused of lying about his drug use on a form when purchasing a firearm and ammunition. Hunter Biden has pleaded not guilty to the charges.

    Americast
    enJune 08, 2024