Advertise on podcast: Justice Matters with Glenn Kirschner

Donald Trump has threatened to sue Trevor Noah for defamation over an Epstein joke he told at the Grammys. With all of the revelations about Trump contained in the recently release Epstein files, it seems like a joke told by Trevor Noah would be the least of Trump's concerns. Glenn does a review of the five elements necessary to successfully sue someone for defamation. Find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

People around the world have now heard the reporting about five year-old Liam Conejos Ramos. ICE grabbed him up on his way home from preschool, used him as bait to lure his father out of the house, and then jailed them both – put them both in detention - even whisking them away from their home in Minnesota to a detention facility in Texas. This inhumane treatment by the Trump administration prompted an outcry, both nationally and internationally. But it also prompted something more: a short, two-page court order from a federal judge in Texas, that is as unique as it is powerful. That court order may prove to be historic when the age of the Trump-induced darkness comes to an end. To find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

So friends, can I ask you a question? Does it feel like it might be time to start talking about a constitutional do-over? We have a corrupt and criminal president who feels completely unconstrained by the United States Constitution. As but one example: he has abused the constitutional pardon power beyond anybody's wildest imagination. We have a majority on the Supreme Court that feels completely unconstrained by the expressed language of the Constitution. As but one example, the Constitution provides that the president shall take care that the laws of the nation be faithfully executed. Yet the Supreme Court - a majority of the justices - interpreted that very language, that solemn duty to take care that the laws be faithfully executed, as indicating that a president has complete leeway to violate all the laws of our nation, victimizing wide swaths of the American population, and he has complete immunity from prosecution Then we have Congress - one political party that has just laid down and let a tyrant in the oval office walk all over them - completely abandoning their status as a coequal branch of government. So let me ask you again friends: do you think it's time we talked about a constitutional do-over? Well, that's what I just talked about with my friend, law professor, and constitutional scholar Kim Wehle. Kim authored a great new piece - you can find it on Substack appropriately titled, "Is it time to start thinking about a constitutional do-over". And given that our Constitution is plainly not up to the task of governing in these dangerous and lawless times, I think the answer to that question is not just yes but hell yes! Link to Kim's piece: https://open.substack.com/pub/kimwehl... Find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

In what looks like yet another vindictive prosecution of someone Donald Trump doesn't like, career journalist Don Lemon has been arrested. This case very likely will go the way of other vindictive prosecutions brought by Trump's dirty DOJ leadership. Remember the vindictive prose James Comey? Dismissed. Remember the vindictive prosecution of Letitia James? Thrown out. Next up - the vindictive prosecution of Don Lemon. Glenn sat down with Adam Klasfeld of All Rise News for a deep dive discussion on what appears to be trumped-up charges against Don Lemon and other journalists. Find Adam Klasfeld: www.allrisenews.com Find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

If you ever wondered if the people - We The People - can make a difference, can have an impact, can do anything to effectively fight against a runaway lawless president, executive branch, and a plainly out-of-control ICE agency, over the past few days we got the answer loud and clear: you're DAMN RIGHT We The People can make a difference! From horribly unfit law-enforcement officer Greg Bovino being ousted from his position, to a judge issuing a crushing opinion regarding ICE operations, to Tom "Bagman" Homan announcing a possible ICE drawdown in Minneapolis, the people absolutely have the power. Find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Every officer-involved shooting resulting in death, must be fully, fairly, and professionally investigated, whether by state law-enforcement authorities or federal law-enforcement authorities. Of course, that is NOT what's happening in connection with ICE officers shooting and killing Renee Good and Alex Pretti in Minneapolis, Minnesota. The federal government is abdicating its responsibility to investigate the officer-involved shooting. But what's worse, the feds are also obstructing the State's ability to investigate the homicides. There is a way for the state authorities to aggressively investigate these homicides and use several legal vehicles to wrestle away from the federal government the evidence that is necessary to conduct a full investigation. Glenn co-authored a piece, along with Dave Aaronberg, discussing the legal tools available to Minnesota prosecutors to move forward in the investigation of the killing of Renee Good and Alex Pretti. That piece is titled, "A Blueprint for State Justice in the Wake of Federal Obstruction." Here's the link to the piece: https://open.substack.com/pub/glennki... See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Donald Trump's dirty DOJ leadership is engaged in a shell game, a game of three-card monty, a game of misdirection designed to dupe the American people. DOJ's Office of Legal Counsel (OLC) is a component of the Department of Justice that issues advisory opinions regarding the legality or illegality of conduct by federal government officials, attorneys, law enforcement, and military operations. Historically, OLC has tried to do its work in good faith, and in accordance with the law and the Constitution. But that is not the case under the current corrupt DOJ leadership. OLC is now offering indefensible legal opinions - for example, trying to give top cover to the Trump administration when it unlawfully enters Venezuela and takes into custody its president and first lady. Indeed, virtually every respected military law expert recognizes that this was an illegal operation. The same is true for the unlawful, deadly strikes on small Venezuelan boats in international waters. OLC also rendered an opinion of how fake US attorney Lindsay Halligan could continue to sign official court documents as "United States Attorney" even though a federal judge had ruled that she was unlawfully and unconstitutionally in that position. But there's also supposed to be another safeguard against, in particular, DOJ attorney misconduct. The office of professional responsibility (OPR) is supposed to investigate allegations or suspected incidents of DOJ attorney misconduct and misconduct by law enforcement officers, like FBI agents. However, the head of OPR was wrongfully removed from the job months ago, and there is no indication that there even is a current, legitimate head of the OPR. This corrupt shell game that Trump's dirty DOJ leadership is playing - having OLC issue memos to give wrongdoers top cover, and then neutering OPR so that the attorneys who engage in misconduct will not be held accountable - is destroying the legitimacy of the DOJ. To those of us who spent decades serving the American people at the Department of Justice, we see exactly what they're doing. All of the American people also need to see this for what it is - abject corruption at the DOJ. Link for Asha Rangappa's piece on Substack: https://asharangappa.substack.com/p/d... Find Asha on Substack: The Freedom Academy with Asha Rangappa Find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Every officer-involved shooting resulting in death, must be fully, fairly, and professionally investigated, whether by state law-enforcement authorities or federal law-enforcement authorities. Of course, that is NOT what's happening in connection with ICE officer Jonathan Ross's fatal shooting of Renee Good in Minneapolis, Minnesota. The federal government is abdicating its responsibility to investigate the officer-involved shooting. But what's worse, the feds are also obstructing the State's ability to investigate the homicide by refusing to provide important evidence, like Ross's gun, the ballistics evidence, and Renee Good's car - which, in a very real sense, constitutes the crime scene. There is a way for the state authorities to aggressively investigate the homicide of Renee Good, and use several legal vehicles to wrestle away from the federal government the evidence that is necessary to conduct a full investigation. Dave Aaronberg and Glenn Kirschner co-authored a piece discussing the legal tools available to Minnesota prosecutors to move forward in the investigation of the killings in Minnesota. That piece is titled, "A Blueprint for State Justice in the Wake of Federal Obstruction." Here's a link to the piece: https://open.substack.com/pub/glennki... See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

It has become painfully clear that Donald Trump's pardons are a celebration of lawlessness. But the 12 new pardons he has issued are not JUST a celebration of lawlessness. In a very real sense, they are an endorsement of fraud, theft, embezzlement, and all manner of financial crimes. Glenn once again sat down with former DOJ Pardon Attorney and former federal public defender Liz Oyer to discuss the searing injustice of the way Donald Trump wields the presidential pardon power. Find Liz at: www.lawyeroyer.com Find Glenn on Substack at: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

After Trump-appointed Judge David Novak issued a scathing order declaring that Trump flunky Lindsey Halligan was "masquerading" as US Attorney – having no lawful authority to call herself a US Attorney – Lindsay Halligan quit the Department of Justice. Glenn sat down with Adam Klasfeld of All Rise News to discuss Judge Novak's order that led to Halligan resigning from the DOJ. Find Adam at: www.allrisenews.com Find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

It's estimated that there are between 25,000 and 30,000 judicial law clerks in courts all across the United States. These positions generally are filled by young lawyers fresh out of law school. This may be a little known fact, but federal workplace protection laws - for example, prohibiting workplace harassment - do not apply to, and therefore do not protect, judicial law clerks. That doesn't sound right, does it? One former judicial law clerk, Aliza Schatzman, decided to do something about it and founded a nonprofit organization called the Legal Accountability Project (LAP). I sat down for an extended conversation with Aliza to discuss her experience as a judicial law clerk that led her to create the Legal Accountability Project. Find LAP at: www.legalaccountabilityproject.org Find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

We are living in difficult and dangerous times. The rule of law is under attack. Some of our most basic values are under attack – things like decency, civility, and diversity. Our Constitution is under attack. But through it all, we've had some remarkable, dedicated public servants who have fought mightily for the rule of law, and for accountability for those who violate our nation's laws - including when those violating the law are in our own government. Some of those dedicated public servants have decided to band together and launch a new law firm. Those individuals are Tim Heaphy, Jack Smith, David Harbach, and Thomas Windom. I recently sat down with some of the founding partners of Heaphy, Smith, Harbach, and Windom to discuss with them why they decided to launch this new endeavor. Find Glenn on Substack: glennkirschner.substck.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

It was a surprise to many when The New York Times reported that Renee Good suffered four gunshot wounds at the hands of ICE officer Jonathan Ross. These finding were curious for two reasons: first, the video footage seems to show only three shots fired by Ross, and second, two of the bullet wounds were listed as being in the right, chest area of Ms. Good. Glenn does a deep dive tutorial on how gunshot wounds to a victim, as well as the trajectory of wound paths through the victim's body, often can be confusing and seem inconsistent with other evidence in a case. Additionally, he explains how a victim's body can have more bullet entry wounds than the number of shots fired. He also discusses the topic of autopsies and autopsy reports, the findings of medical examiners/forensic pathologists regarding cause and manner of death rulings, and the importance of a medical examiner's testimony in a murder trial, all from the perspective and experience of a career homicide prosecutor. Find Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Not long after Fed Chairman Jerome Powell made Trump look foolish on national TV by telling him he was wrong about cost overruns for a renovation project, DC US Attorney Janine Pirro started issuing subpoenas, making it seem like she was launching a criminal investigation of Jerome Powell. Some have suggested that this apparent retaliation is because Powell refused Trump's pressure to cut interest rates. Yet Powell cut rates three times last year! Could this latest move be yet another vindictive prosecution like the ones Trump, Bondi, and Halligan unsuccessfully launched against James Comey and Letitia James? Follow Glenn on Substack: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

In the first of two new legal developments, a federal judge in New York wants an explanation as to why the Department of Justice has failed - in violation of federal law - to fully disclose the Epstein files. In a second development, disqualified US Attorney Lindsey Halligan has filed what may be the single most inappropriate, disrespectful pleading ever filed by any Department of Justice lawyer. Glenn was joined by Adam Klasfeld of All Rise News to discuss these two important legal developments. Find Adam at: www.allrisenews.com Find Glenn on Substack at: glennkirschner.substack.com See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.