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The Lawfare Podcast: Presidential Immunity at the DC Circuit

Anna Bower, Benjamin Wittes, Quinta Jurecic, R. Stanton Jones, Matthew Seligman, Jen Patja
Monday, January 8, 2024, 8:00 AM
What can we expect at oral arguments at the D.C. Circuit tomorrow?

Published by The Lawfare Institute
in Cooperation With
Brookings

On Tuesday, Jan. 9, the D.C. Circuit Court of Appeals is set to hear oral argument in United States v. Trump. Trump, indicted in D.C. for alleged crimes related to election interference, is appealing the trial court’s denial of his motion to dismiss based on presidential immunity and constitutional grounds.

Ahead of the hearing, we gathered an all-star team to discuss the merits of Trump’s appeal and how the D.C. Circuit might rule. Lawfare Legal Fellow and Courts Correspondent Anna Bower sat down with Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Senior Editor Quinta Jurecic, Stanton Jones, counsel for American Oversight, which has filed a fascinating amicus brief that questions whether the appeals court has jurisdiction to decide the case in the first place, and Matthew Seligman, counsel for a group of former Republican officials who have filed an amicus brief in opposition to Trump’s claim of immunity. Matthew is also the co-author of a forthcoming book on presidential elections called, “How to Steal a Presidential Election.”


Anna Bower is Lawfare’s Legal Fellow and Courts Correspondent. Anna holds a Bachelor of Laws from the University of Cambridge and a Juris Doctorate from Harvard Law School. She joined Lawfare as a recipient of Harvard’s Sumner M. Redstone Fellowship in Public Service. Prior to law school, Anna worked as a judicial assistant for a Superior Court judge in the Northeastern Judicial Circuit of Georgia. She also previously worked as a Fulbright Fellow at Anadolu University in Eskişehir, Turkey. A native of Georgia, Anna is based in Atlanta and Washington, D.C.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.
Quinta Jurecic is a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare. She previously served as Lawfare's managing editor and as an editorial writer for the Washington Post.
Stanton Jones is a partner at Arnold and Porter. He serves as counsel for American Oversight.
Matthew Seligman is a non-resident Fellow at the Constitutional Law Center at Stanford Law School.
Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.