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The Lawfare Podcast: Alan Rozenshtein Says the Slope Isn’t That Slippery

Jen Patja, Benjamin Wittes, Alan Z. Rozenshtein
Friday, December 9, 2022, 12:00 PM

Published by The Lawfare Institute
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The DC Circuit Court of Appeals on Wednesday heard oral arguments in the case of Blassingame v. Trump, an appeal from a civil lawsuit against the former president over Jan. 6. The question before the appeals court is: Does a president have immunity from lawsuit even when he's accused of stirring up a mob against a coordinate branch of government engaged in a function constitutionally entrusted to it? The judges seemed skeptical of the former president's argument, which was a bit of a surprise given the composition of the panel.

To chew it all over, Lawfare editor-in-chief Benjamin Wittes sat down with Lawfare senior editor and University of Minnesota Law School professor Alan Rozenshtein, who followed the oral arguments and live tweeted them. They talked about the case that gave rise to the arguments, how it played out at the lower court, and what the Supreme Court might do when it confronts this question down the road.

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.
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.
Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, a senior editor at Lawfare, and a term member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.

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