How does the Trump impeachment investigation compare to the impeachment inquiry of Nixon?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Larry Hammond, an attorney and former Assistant Watergate Special Prosecutor, to discuss the Trump impeachment inquiry, the comparisons between Trump and Nixon, as well as Larry’s recent Washington Post article calling for the impeachment of the President.

 

Last week, 17 former Watergate special prosecutors, including our guest today, made a compelling case in the Washington Post for why President Trump should be impeached.  The article entitled, “We investigated the Watergate scandal. We believe Trump should be impeached,” doesn’t mince words. Based on their own accounts, Larry and his colleges make a compelling case for why Trump should be impeached, arguing that there is already enough evidence to support an impeachment. In the 1970s, they investigated serious abuses of presidential power by President Nixon and in the article they detail their beliefs that Trump should face the same charges, specifically citing: obstruction of justice, abuse of power, and contempt of Congress.

 

Currently the most senior member of Osborn Maledon’s investigations and criminal defense group, Larry details his time in Washington and his personal experience within the Watergate investigation. Larry and Aaron talk about his background and how he came to be on the prosecutorial team; they lay out the particular evidence Larry believes supports impeachment, including the ongoing conversation around Ukraine as well as Special Prosecutor Mueller’s investigation and findings. Aaron and Larry compare Trump and Nixon to the Clinton impeachment and debate the different dimensions present in each.

 

Larry’s practice focuses primarily on criminal defense – both white collar and general criminal representation, but he has also been extensively involved in complex civil litigation. After clerkships on the United States Court of Appeals for the District of Columbia, two Supreme Court Clerkships (for Justice Hugo L. Black and Lewis F. Powell, Jr.), and his time as Assistant Watergate Special Prosecutor, Larry served as the First Deputy Assistant Attorney General in the Office of Legal Counsel at the Department of Justice. A founder and former President of the Arizona Justice Project, Larry is often known best for his work in very high-profile criminal cases, including his work on behalf of the indigent defense community. He also helped found the Arizona Capital Representation Project to assist inmates charged or convicted of capital crimes, and served as the Chair of the State Bar’s Indigent Defense Task Force. In 2005-2007, Larry was the President of the American Judicature Society – an organization devoted to improving the administration of justice in America.

 

To find a copy of the Washington Post op-ed, “We investigated the Watergate scandal. We believe Trump should be impeached,” please visit the Post’s website here.

To check out United States v. Nixon, please click here. You can find Chief Justice Warren Burger’s opinion by following the link, as well as the facts of the case and more. 

 

To learn more about Mr. Hammond, please visit his firm’s website, Osborn Maledon, here.

 

Host: Aaron Freiwald

Guest: Larry Hammond

 

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What is whiskey law? … And how has it impacted America’s history?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Brian Haara, author and an attorney at Tachau Meek, to discuss his recent book, Bourbon Justice: How Whiskey Law Shaped America.

 

Bourbon and the law might seem to be connected in only a few, and negative ways, but the real history of bourbon, hidden beneath the surface, “is the foundation of American commercial law and its relation to American history as a whole.” Relying on actual case reports and trial records, Brian recounts the history of Kentucky’s most famous spirit and the families who developed one of America’s first major industries to trace important developments in U.S. business law in areas including branding, trademarks, environmental law and other aspects of business dealings.

 

In today’s episode, Aaron and Brian analyze how historical laws about bourbon have impacted, and continue to impact, the law today. Drawing clear connections, Brian and Aaron talk about commercial law, trademark law, environmental law, competition law, and more. Brian shares the origins of “branding,” explaining that the history and roots of brand-name come from bourbon law. Aaron and Brian talk about our country’s earliest consumer protection legislation, including the crucial Bottled-in-Bond Act of 1897. Brian and Aaron discuss a wide-range of whiskey topics as well, such as the differences between whiskey and bourbon and the definitions and the criteria each spirit is held to, as well as the importance of whiskey tax to our nation and how Kentucky became the epicenter for bourbon production.

 

Brian is a public speaker, legal writer, and co-managing partner of Tachau Meek, PLC, a business litigation firm in Louisville. A University of Kentucky Law graduate, Brian primarily serves the trial and litigation needs of clients in the financial services, insurance, and bourbon industries. As part of his practice, Brian represents both individuals and businesses, handling commercial litigation matters such as contract claims, trademark disputes, retail banking and UCC claims. Brian regularly litigates non-compete, unfair competition, trade secret, and breach of fiduciary duty cases, including injunction hearings, in state and federal courts in both Kentucky and Indiana. Brian has also been consulted in restrictive covenant matters in numerous other states.

 

A self-described whiskey enthusiast, Brian found a way to combine his love of bourbon and history with his passion for the law. Bourbon Justice is a fascinating look at our country’s heritage through the lens of bourbon. “Tracking the history of bourbon and bourbon law illuminates the development of the United States as a nation, from conquering the wild frontier to rugged individualism to fostering the entrepreneurial spirit to solidifying itself as a nation of laws.” More than just a true bourbon history, this book analyzes key moment’s throughout America’s past, identifying important milestones that continue to influence our laws and society today. 

 

To purchase a copy of Brian’s book, please follow the link here.

To learn more about Brian and his book, please visit his website here.

Brian’s blog, Sipp’n Corn, can also be found on his website, please click here.

To learn more about Brian’s law firm, Tachau Meek, please click here.

 

Host: Aaron Freiwald

Guest: Brian Haara

 

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How do we draw the definitional lines on what is, and what is not, domestic terrorism?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Erik Schechter, founder of Red Phantom Public Relations and a defense and security affairs specialist, to discuss the notion of terrorism, as well as his recent NBC op-ed on the topic, “September 11 was terrorism. The NRA and Antifa are not.”

 

In today’s conversation, Aaron and Erik talk about terrorism, both domestic and international, focusing on the particular ways in which we (as people, as governments, as societies) talk, think, and classify terrorism and terroristic acts. Erik explains the dangers of loose definitions and the theoretical consequences that could result by expanding these thresholds. Erik and Aaron contemplate San Francisco’s recent decision to brand the NRA as a domestic terrorism organization and the potential issues that may arise because of it, such as constitutional conflicts, expanding the power of the state and demonizing political opponents.  

 

A former military correspondent for The Jerusalem Post, Erik experienced terrorism first hand in 2004 when a suicide bomber exploded on a bus he was riding. Throughout the episode, as well as in his article, Erik talks about how this experience scarred him and how it continues to shape his views and definitions on what should, and should not, be considered terrorism. Aaron and Erik talk about gun control and recent mass shootings, the Patriot Act and subsequent legislation, the context and comparisons of warfare and more. How should we be thinking about domestic acts of violence? What should the distinctions be? Are these definitions warping the way we think about these ideas?

 

Erik has written for such publications as Aerospace America, C4ISR Journal, Monocle, Training & Simulation Journal and more. He previously worked as a PR professional for Spector & Associates, handling defense and hi-tech industry clients and covering security-related issues for the Carnegie Council for Ethics in International Affairs. In addition to covering advances in military technology and tactics, Erik has also written on issues involving international humanitarian law, such as the post-disengagement status of the Gaza Strip and controversial interrogation methods used on suspected terrorists.

 

To find a copy of Erik’s NBC op-ed, please click here.

 

Host: Aaron Freiwald

Guest: Erik Schechter

 

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From jailhouse lawyer to law professor and criminal justice reform advocate . . .

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Shon Hopwood, an attorney and law professor at Georgetown Law, to discuss his remarkable life story and how it brought him to understand the need for profound reform in our criminal justice system.  After Shon’s story was featured on a recent episode of “60 Minutes,” he graciously agreed to come on Good Law Bad Law to share his story and the reforms he believes are so urgently needed.

 

Shon served 11 years in federal prison for a series of armed bank robberies he committed in his early 20s. After securing a job in the prison law library, Shon discovered that he had quite the knack for the law and legal thinking.  After failing to get his own sentence reduced, he turned to helping other inmates with their cases.  Against all the odds, Shon wrote a brief to the U.S. Supreme Court asking for review of a fellow inmate’s conviction and the appeal was accepted.  This brought Shon into contact with former Solicitor General Seth Waxman, who agreed to argue the appeal.  Then . . .  well, you just have to listen to the episode to hear the rest of Shon’s incredible journey and his views on in-prison rehabilitation services, mandatory minimum sentences, and re-entry training and services.

 

A graduate of the University of Washington School of Law, and a Gates Public Law Scholar, Shon’s research and teaching interests include criminal law and procedure, civil rights, and the constitutional rights of prisoners. He has served as a law clerk for Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit. And his legal scholarship has been published in the Harvard Civil Rights-Civil Liberties, Fordham, and Washington Law Reviews, as well as the American Criminal Law Review and Georgetown Law Journal’s Annual Review of Criminal Procedure.

 

To find more information on Shon, visit his Georgetown web page here.

 

Host: Aaron Freiwald

Guest: Shon Hopwood

 

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Can a law that dates back to Reconstruction in the 19th Century be used to fight back against the perpetrators of racial violence that erupted in Charlottesville two years ago?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Michael Bloch, an attorney at Kaplan, Hecker & Fink LLP, to discuss his work on “the Charlottesville Case,” a lawsuit representing the victims of the Charlottesville riots when neo-Nazis and white supremacists plotted to commit acts of horrific racial violence in August 2017.

 

Eight victims of that violence filed suit, in conjunction with the nonprofit Integrity First for America (IFA), to send a clear message to every hate group in the country: “Americans will not give in to violence and hate.” The lawsuit seeks to ensure that the tragic events of Charlottesville never happen again, “… not on the streets of Charlottesville, Virginia, and not anywhere else in the United States of America.” Michael’s firm is representing the Plaintiffs in this new litigation.

 

Aaron and Michael discuss this case and what it may mean for the future. Michael talks about the legal strategies of the case, the decision to use an 1871 law, the relevance of this case and more. Is there a new boldness today for hatred? Can Charlottesville be seen as a catalyst for such emboldened bigotry? Michael explains that this case is about accountability, emphasizing the importance of understanding what happened and how the law can be a tool to fight back.

 

A graduate of Harvard Law, Michael is an experienced trial attorney. Having spent over seven years as a public defender at the Bronx Defenders, Michael represented hundreds of clients charged with criminal matters at all stages of litigation. Prior to working as a public defender, Michael worked at Williams & Connolly LLP in Washington, D.C., concentrating in the areas of commercial litigation and legal malpractice defense. At Harvard, Michael represented clients charged with crimes in Roxbury District Court as part of the Criminal Justice Institute. He also worked with the NAACP representing a client in post-conviction proceedings as part of the Death Penalty Clinic.

 

To learn more about Michael, please visit his bio on Kaplan Hecker’s website here. Or check out his twitter, @MichaelBloch15. To learn more about Kaplan, Hecker & Fink you can follow them on twitter, @kaplanhecker.

 

To learn more about Integrity First For America, you can visit their website here. You can also follow them on Twitter, @IntegrityforUSA.

 

*IFA is a nonpartisan nonprofit organization dedicated to holding those accountable who threaten longstanding principles of our democracy – including our country’s commitment to civil rights and equal justice.

 

Host: Aaron Freiwald

Guest: Michael Bloch

 

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