An unusual indictment, an unusual memo

Published: Sept. 23, 2021, 1:29 a.m.

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John Durham, the former US attorney who was appointed special counsel to investigate the origins of the investigation into the 2016 Trump campaign and its alleged connections to Russia, has turned an indictment. A grand jury has indicted Michael Sussmann, an attorney at election law firm Perkins Coie, for making false statements to federal officials. Good lawyers and listeners of this podcast know that\\u2019s 1001 violation. But what\\u2019s unusual about this one? Ken and Josh talk through the interesting points of this indictment.

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Then: John Eastman, a lawyer for the Trump campaign, produced an internal memo arguing that former Vice President Mike Pence had the legal and constitutional authority to set aside the results of the election and declare Donald Trump the lawful president of the United States. Uh, was that illegal? Was it ethical? Bad lawyering?

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Plus: it\\u2019s sort-of news that Allen Weisselberg\\u2019s attorney said he \\u201cexpects\\u201d more indictments, why Donald Trump is suing his niece Mary, and campaign finance indictments are rare but not as rare as two presidential pardons.

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