Justice Matters with Glenn Kirschner

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Senate Impeachment Trial: The Sequel. Here's Why All of the "Jurors" Have Disqualifying Conflicts Jan 25, 2021

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The first Senate impeachment of Donald Trump was anything but a trial: no witnesses, no documents, no evidence, no testimony. Indeed, half of the Senators refused to hold Trump accountable for crimes and abuses he committed in plain sight. But if Senate Impeachment Trial part one was an embarrassment, just wait until Senate Impeachment Trial: The Sequel. Every single senator - the jurors - has a disqualifying conflict, as they are either witnesses, victims or possible instigators/perpetrators themselves. In my 30 years as a federal prosecutor I participated in jury selection hundreds of times. The first rule of jury selection is that each juror must be able to decide a case fairly and impartially, with absolutely no stake in the result. Now obviously, an impeachment trial is a political proceeding, not a criminal trial. But to suggest that senators who are witnesses to the insurrection, victims of the insurrection or enablers of the insurrection, can sit as fair jurors is pure folly. In short, accountability and justice can not be achieved in a Senate Impeachment "trial." Accountability - justice - can only be achieved in a criminal trial. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

The NY Times/Washington Post Report Trump Recruits Top DOJ Official to Corruptly Overturn Georgia Election Result Jan 24, 2021

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The Washington Post and the New York Times reported that Trump planned to oust Acting Attorney General Rosen so he could install a DOJ Official named Jeffrey Clark as AG so Clark could help him corruptly overturn the Georgia election results. What are the next steps to address a situation where a president of the United States recruited a top DOJ Official to participate in a criminal conspiracy to corruptly overturn election results? Clark should be subpoenaed by both Congress and a grand jury empaneled to investigate Trump's attempts to steal the election. When Clark inevitably invokes either executive privilege or his 5th Amendment right against self-incrimination, here is how how issues will play out. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

McConnell wants Schumer to Stick with the Filibuster, Relinquish Democratic Majority's Power. Really?!? Jan 23, 2021

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Senate MINORITY Leader Mitch McConnell is demanding that the Senate MAJORITY Leader Chuck Schumer leave the filibuster in place, meaning that it would make it significantly harder for the Democrats to pass legislation or confirm presidential nominees on a simple majority vote. This is the same Mitch McConnell who bragged about being the grim reaper and presiding over a legislative graveyard where he sent all of the bills duly passed by the House of Representatives to die. This is the same Mitch McConnell who refused to give Supreme Court nominee Merrick Garland his constitutionally required confirmation/advice and consent hearing claiming that such a hearing could not take place during the last year of a president's term only to turn around and hold a confirmation hearing for Amy Coney Barret just days before a presidential election. And now Mitch McConnell asks Chuck Schumer to let legislative bygones be bygones!? Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Chris Wray Remains FBI Director, Steve Bannon Gets Pardoned, Where does Justice Go From Here? Jan 22, 2021

Show notes

Topic 1: President Biden has decided to keep Christopher Wray as the Director of the Federal Bureau of Investigation. Here are the pros and cons of keeping Wray in place. Topic 2: Donald Trump pardons his close associate, Steve Bannon. Bannon therefore can not be charge in federal court but he CAN and should now be charged in state court. What are the consequences to a state court prosecution of Bannon's decision to accept a pardon? The answer might surprise you. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

The Biden-Harris Inauguration & "The Dream of Justice." Accountability for Trump's Crimes & Abuses Jan 21, 2021

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During his inaugural address, Joe Biden said, "The dream of justice will be deferred no longer." Given the crimes and abuses of the Trump administration, Biden's words must become a battle cry. As difficult as it will be, the crimes of the past four years must be investigated and, when the evidence supports it, charged and prosecuted. There can be no justice without accountability, which is why President Biden's words regarding "justice" were as welcome as they were important. Team Justice is on the job. Join us . . . Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

100 Trump Pardons: What Does the Supreme Court Say About the Implications of Accepting a Pardon? Jan 19, 2021

Show notes

It's being reported that Trump is preparing to issue as many as 100 pardons. This surprises exactly no one, as it's a fitting last act of a president who has been largely lawless during his four years in office. But what are the consequences for the people who decide to accept a pardon from Trump? The Supreme Court answered that question in 1915 in the case of George Burdick v. The United States. Mr. Burdick was the editor of the New York Tribune who refused to accept a pardon from President Woodrow Wilson. The Supreme Court ruled that Mr. Burdick was well within his right to refuse the pardon because accepting a pardon carries with it "an imputation of guilt and a confession" that you committed the crime for which you are pardoned. This is an important doctrine because those "confessions" by individuals who accept Trump's pardons can actually come back to haunt them in a number of ways. Here's how . . . Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Closing Argument #1: Why the Courts WILL Strike Down a Trump Self-Pardon Jan 18, 2021

Show notes

As a career federal prosecutor, I spent 30 years arguing cases in courts. In the final days of the Trump presidency, here is the first in a series of "closing arguments" regarding the legal issues that will have to be addressed in. the near future by the Biden administration. Today's installment: why the Department of Justice MUST challenge a presidential self-pardon and why the courts will strike down the the pardon. Tomorrow's episode: why the available evidence proves beyond a reasonable doubt why Donald Trump is criminally responsible for what happened at the US Capitol on January 6th AND why his corrupt intent/criminal mens rea/guilty state of mind is easier to prove than some might think. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Federal Judge Walton Discusses in Open Court How Judge Emmet Sullivan Might Challenge Flynn Pardon Dec 07, 2020

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DC Federal District Court Judge Reggie Walton is presiding over Freedom of Information Act (FOIA) litigation regarding the Mueller Report. In that capacity, Judge Walton discussed in open court on Friday how his colleague on the DC Federal Court, Judge Emmet Sullivan, might challenge Donald Trump's pardon of Mike Flynn. Having appeared as a federal prosecutor before both Judge Walton and Judge Sullivan, I can attest to how these two jurists are entirely dedicated to the rule of law and the integrity of the criminal justice system and the federal judiciary. Moreover, it looks like they will have the courage to challenge potentially corruptly issued presidential pardons, whether or not there is precedent for such a challenge. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

How the Recent Supreme Court 5-4 Decision in the NY/Religion Case Proves the Need to Add Justices Nov 30, 2020

Show notes

The recent Supreme Court decision, in which the court struck down New York's attempt to limit the size of religious gatherings for public safety reasons, provides a clear and compelling example of why we must increase the number of Supreme Court justices. We should not be locked in the perpetual battle of decisions that are decided by one justice. When we do that, we are letting one non-elected individual appointed by a partisan president set constitutional policy for 330,000,000 Americans. That is as dangerous as it is foolish. There is NOTHING in the Constitution requiring nine Supreme Court justice. During our nation's history we have had as few as five and as many as ten justices on the Supreme Court. The time has come when we should no longer let just one swing justice - not Amy Coney Barrett, not the late Ruth Bader Ginsberg, not any other justice - decide what the Constitution means for 330,000,000 Americans. Here is what should be done to fix a problem we're been enduring for far too long. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Here's Why the Rule of Law Requires Trump Be Prosecuted Upon Leaving Office Nov 23, 2020

Show notes

The New York Times published an article titled: "Can America Restore the Rule of Law Without Prosecuting Trump." The answer to that question can be gleaned from the first two statutes of Title 18 of the U.S. Criminal Code: 1 Principals and 2. Accessories After the Fact. Here's why it's critically important to the health and vitality of the rule of law that the incoming administration prosecute Trump and his criminal associates. Please consider becoming a #TeamJustice patron at: https://www.patreon.com/glennkirschner My podcast, "Justice Matters with Glenn Kirschner" can be downloaded where you get your podcasts. Follow me on: Twitter: https://www.twitter.com/glennkirschner2 Facebook: https://www.facebook.com/glennkirschner2 Instagram: https://www.instagram.com/glennkirschner2 Support the show (http://www.patreon.com/glennkirschner) Learn more about your ad choices. Visit megaphone.fm/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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