With four ongoing criminal investigations, Donald Trump is the most indicted president in U.S. history. After years of defying unwritten norms, he will now be subject to a criminal justice system defined by norms and precedents. What does due process look like for a former president?
Ken White is a former federal prosecutor, a practicing criminal defense lawyer and a co-host of the podcast “Serious Trouble.” He writes the popular newsletter The Popehat Report, extensively covering the ins and outs of criminal trials. Among the many commentators on Trump’s unprecedented legal troubles, White stands out for his “lawsplainers,” which analyze the gap between what the law says and what it actually does.
This conversation walks through each of the four major criminal cases against Trump. Our guest host David French asks White why he loathes the overuse of the RICO statute and whether it was appropriately used in the Georgia election interference indictment. They also discuss the Florida judge whose “functionally lawless” decision halted parts of the Mar-a-Lago investigation, White’s view that prosecutors can get away with much more in state court than in federal court, how the district attorney in the Georgia case is approaching this “circuslike” indictment, why Trump’s legal intent is both more and less complicated than the public discourse suggests and much more.
This episode was hosted by David French, a columnist at The New York Times. Previously, he was a senior editor and co-founder of The Dispatch and a contributing writer at The Atlantic.
This episode contains strong language.
You can listen to our whole conversation by following “The Ezra Klein Show” on the NYT Audio App, Apple, Spotify, Google or wherever you get your podcasts. View a list of book recommendations from our guests here.
(A full transcript of the episode will be available midday on the Times website.)
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