Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by former Congresswoman, the Honorable Elizabeth Holtzman, now of Herrick Feinstein LLP, to discuss last week’s tragic insurrection at the Capitol and the unfolding aftermath, the resulting second impeachment of President Trump, and Congresswoman Holtzman’s concerns about our country’s future and the rule of law, truth, and democracy. 

 

Today, Aaron and Congresswoman Holtzman have a vital conversation about what should happen next in our country. Who needs to be held accountable? Is the President criminally responsible? What about Members of Congress who enabled and contributed to the insurrection?  How do we unify the American people? Congresswoman Holtzman and Aaron have a crucial discussion about unity and division, the damage done to American democracy, the mythology of President Trump and Trumpism, the media’s role in perpetuating falsehoods of fraud in the 2020 election, peace and war, as well as the violent attacks on Capitol Hill last Wednesday, Trump’s galvanizing actions thereof and therein, and how exactly we as a country move forward and “defang” these insurrectionist movements. Congresswoman Holtzman talks about her personal concerns about attending the upcoming inauguration of President-Elect Biden as D.C. and state capitols all over the country prepare to handle mounting threats of violence and her disappointment in how far we as a country have fallen. Aaron and Congresswoman Holtzman compare and contrast Trump and Nixon, their actions and handling of criminal activities, and the aftermath of Watergate. Throughout the conversation, comparisons of our current state are made to denazification and that of the mob. What will the standards be? How will the truth be established? And perhaps most importantly, how best should we proceed as a society to restore respect, trust, and the rule of law?

 

At 31, Ms. Holtzman was the youngest woman ever elected to Congress in 1972.  She graduated from Harvard Law School and holds admissions in the state of New York; the U.S. Supreme Court; the U.S. Court of Appeals, 2nd Circuit; the U.S. District Court, Eastern District, New York; and the U.S. District Court, Southern District, New York. After more than 22 years in government, including 20 as an elected official, the Honorable Elizabeth Holtzman, now 79, handles government relations at the federal, state, and local levels as well as litigation in her position at Herrick.

 

During her four terms as a U.S. Congresswoman, she captured national attention for her role on the House Judiciary Committee where she voted to impeach President Richard Nixon and for her questioning of President Ford about the Nixon pardon; chaired the Immigration and Refugees Subcommittee (where she co-authored the Refugee Act of 1980 with Senator Ted Kennedy); and wrote many laws, including extending the deadline for ratifying the Equal Rights Amendment and the Rape Privacy Act. She was the first member of Congress to expose the U.S. government’s inaction on Nazi war criminals living in America and spearheaded the effort to bring them to justice. Congresswoman Holtzman subsequently became the first woman elected District Attorney in New York City, serving eight years as DA of King County (Brooklyn); she was also the first and only woman to be elected Comptroller of New York City.

 

In 2014, Congresswoman Holtzman was appointed by the Secretary of the U.S. Department of Homeland Security to its Advisory committee. She later resigned from that position to protest the policy of separating parents and children at the southwest border. Previously, Congresswoman Holtzman was appointed by President Bill Clinton to the Nazi and Japanese Imperial War Criminal Records Interagency Working Group, which oversaw the declassification of more than eight million pages of secret Nazi war crimes files held by the U.S. government.

 

Congresswoman Holtzman has written several books, including the 2018 book, The Case For Impeaching Trump, and many articles. She regularly appears as a commentator on television and has been featured in several movies, including Charles Ferguson’s “Watergate,” Robert Redford’s documentary “All the President’s Men Revisited,” and the Academy Award-winning documentaries, “Hôtel Terminus” about Gestapo Chief Klaus Barbie an “Women-for America, for the World,” about the nuclear disarmament. Congresswoman Holtzman has also received many honors and four honorary degrees for her significant contributions to American politics.

 

Listen now!

 

To learn more about Congresswoman Holtzman, please click here and/or here.

To learn more about Congresswoman Holtzman’s 2018 book, The Case For Impeaching Trump, please click here.

 

 

Host: Aaron Freiwald

Guest: Hon. Elizabeth Holtzman

 

 

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Carlton F.W. Larson, of the University of California Davis School of Law, to discuss the events of January 6th and the siege on the U.S. Capitol. Aaron and Carlton have an incredibly important and timely conversation on the legalities of treason, insurrection, sedition and seditious conspiracy, as well as Trump’s responsibility, involvement and failure to protect.  

 

Today’s conversation is of the utmost importance after the tragedy of Wednesday’s attack on Capitol Hill. The world watched in horror as a violent mob stormed the steps of Capitol Hill and seized possession of the Nation’s Capitol on one of America’s darkest days, Aaron and Carlton talk about what happened and the aftermath that we are now forced to sort through. Carlton and Aaron have a conversation about accountability, the history of treason and treason law, the incoming Biden Administration and the new Justice Department, and levying war. Aaron and Carlton touch on the Founders, case law, Article III, and more. What happens next? Is this treason? Is Trump responsible?

 

Carlton F.W. Larson is the Martin Luther King Jr. Professor of Law at UC Davis, as well as a scholar of American constitutional law and Anglo-American legal history. Professor Larson’s scholarship addresses a wide range of issues, including enemy combatant detentions, legacy preferences in public universities, the historical basis of Second Amendment rights, and parents’ rights to name their children. A graduate of both Harvard University and Yale Law School, Professor Larson is one of the nation’s leading authorities on the law of treason and is the author of the books On Treason: A Citizen’s Guide to the Law (Ecco/HarperCollins) and The Trials of Allegiance: Treason, Juries, and the American Revolution (Oxford University Press). Professor Larson’s scholarship has been cited by numerous federal and state courts and has been profiled in The New York Times, The Economist, TIME, and others. He is a frequent commentator for the national media on constitutional law issues and recently published a piece in The Washington Post, “The framers would have seen the mob at the Capitol as traitors.”

 

Prior to joining the UC Davis law faculty, Professor Larson served as a law clerk to Judge Michael Daly Hawkins of the United States Court of Appeals for the Ninth Circuit and spent three years as a commercial litigator at Covington & Burling in Washington, D.C.

 

 

Listen now!

 

To read Professor Larson’s recent Washington Post article, “The framers would have seen the mob at the Capitol as traitors,” please click here.

 

To check out Professor Larson’s book, On Treason: A Citizen’s Guide to the Law, please click here.

 

To check out Professor Larson’s book, The Trials of Allegiance: Treason, Juries, and the American Revolution, please click here.

 

 

Host: Aaron Freiwald

Guest: Carlton F.W. Larson

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Lawrence R. Douglas, of Amherst College, to have a follow-up discussion on the current state of our politics, the integrity of our electoral system, and Professor Douglas’ most recent publication, Will He Go? Trump and the Looming Election Meltdown in 2020. Aaron and Lawrence discuss the aftermath of the 2020 election and analyze Will He Go. Where do we as a country go from here? Is there really hope for the future?

 

In today’s conversation, Lawrence and Aaron touch on a multitude of issues: toxicity, checks and balances, truth and basic facts, voter suppression, federal and state politics, and more. How has the 2020 election and the Trump presidency impacted our political system? Will there be lasting damage? Aaron and Lawrence discuss the lawsuits, the allegations, the conspiracy theories and what affects these have had on American’s view of our democratic process. Will Biden be “bootstrapped” by the unraveling of “normalcy”? Lawrence and Aaron explore this and more as they talk about cynicism, our current media environment, the upcoming Georgia run-off election, baseless claims of fraud and election interference, and contemplate just how bad things are and will be.

 

Lawrence R. Douglas is the James J. Grosfeld Professor of Law, Jurisprudence and Social Thought at Amherst, as well as the Chair of Law, Jurisprudence, and Social Thought. He is a graduate of Yale Law School, Columbia University (M.A.) and Brown University (A.B.) and is the author of seven books, including The Memory of Judgment: Making Law and History in the Trials of the Holocaust (Yale, 2001) and The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial (Princeton, 2016), a New York Times “Editor’s Choice.” Professor Douglas’ commentary and essays have appeared in Harper’s, The New York Times, The Washington Post, and The Los Angeles Times; and he is a regular contributor to the Times Literary Supplement and The Guardian (US), where is a contributing opinion writer.

 

Some of Professor Douglas’ courses touch directly on the substance of his research while others are “a bit further removed;” they all however are interdisciplinary in terms of both the materials read and the questions explored. His teaching asks students to see law not as a narrow system of rules, but as a complex system that serves to constitute and maintain ordered patterns of social life.

 

Listen now!

 

To learn more about Professor Douglas, please visit his bio page here.

To check out Professor Douglas’ most recent book, Will He Go? Trump and the Looming Election Meltdown in 2020, please click here.  

 

Host: Aaron Freiwald

Guest: Lawrence R. Douglas

 

**Please note: During the conversation, Biden’s winning margin in Pennsylvania was incorrectly stated.  President- elect Biden won Pennsylvania by approximately 80,000 votes and Michigan by some 150,000 votes.

 

 

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Happy Holidays from Good Law | Bad Law. Thank you for everything! We are very much looking forward to the new year; to a time of change, hope, love and hopefully peace.

 

As we celebrate the holiday season, let’s remember that because of COVID and the economic fallout, more and more Americans are depending on food distribution centers for a meal. Thinking of those who have so little in this country of such plenty, we are reposting this episode on food insecurity.  

 

How do we think about agriculture in America? How should we think about it? And, how is food security affecting us in today’s COVID-19 crisis?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Laurie Ristino, a food security expert with Johns Hopkins University, to discuss food security, the idea of rural resilience, today’s “food movement,” impacts of the Farm Bill and more.  

 

What is food security? And, what is the urgency today? Laurie explains that food security is the idea that all people, at all times, should have access to physical, social, and economic access to sufficient, safe, and nutritious food that meets their dietary needs.  Laurie and Aaron connect these ideas to today’s current pandemic. Will we have enough food? How are rising unemployment rates going to impact our country’s ability to provide access to quality foods? Aaron and Laurie tackle these questions, touching on the pressing notion of food being a question of wealth and thus the implications of America’s wealth gap on health and accessibility.

 

Today’s episode focuses on answering some of the biggest questions surrounding food security, as well as conversely, food insecurity. How do we produce our food? Where does our food come from? How do we use our resources? Laurie and Aaron talk about sustainable versus ‘industrial’ agriculture, the relationship between climate change and food production, the intersection between environmental law and agriculture, as well as how today’s movements and decisions will translate into more governance and policy.

 

Lauri is a policy and law expert on food security, the farm bill, climate change, ecosystem services, and land conservation. Her work is concerned with reforming existing law and policy and developing new policy and civil society innovations to address climate change, social injustice, and to improve environmental and economic sustainability. Laurie has published articles, Op-Eds, and blogs proposing reforms to address soil, water, and air quality degradation, among other topics and is the co-author and editor of a comprehensive book on conservation easements, titled A Changing Landscape: The Conservation Reader.

 

Laurie practiced law for twenty years, serving as a senior counsel at the USDA where she advised on an array of natural resource and environmental matters. Currently, Professor Ristino advises leading NGOs and foundations on environmental policy and strategy matters through her consulting firm, Strategies for a Sustainable Future.  

 

To learn more about Professor Ristino, please visit her bio page at Johns Hopkins here.

 

To learn more about Professor Ristino’s firm, Strategies for a Sustainable Future, and to access other resources on this topic, please click here.

 

Host: Aaron Freiwald

Guests: Laurie Ristino

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