Laurence Tribe

Don't we need to be more aggressive than that? Because under the Biden administration, there was a Supreme Court, uh, there was a court, uh, committee, I'm sure you're aware of, that, that came out with, um, an opinion on, uh, that there was no need for reform.

But subsequent to that, two members of that committee, uh, Laurence Tribe and, uh, uh, uh, G- Gertjan, I can't...

She was a, a circuit court judge, I think, wrote an op-ed saying, "No, we need to pack the courts." Why wouldn't we get more aggressive rather than try and again put together a system that we think is going to be, put the guardrails in the future, but it doesn't address the fundamental problem we have now, is that we still have a Supreme Court that will have done all those things you said, and we will still have them for at least another four years?

Well, so I think the issue, one, one, there are wrinkles on term limits, such as retroactive term limits, which would-

I keep calling it DPAC, you know, the Democracy Political Action Committee.

And I think we really have to do things like this and go to places like Pennsylvania where, you know, it's still purple and we can, you know, we can actually change the outcome and the result because anybody who has a microphone like you do or Scaramucci does or Rosie O'Donnell or Lawrence Tribe, et cetera.

We all have a microphone and I think it's about time that we started to really use it best as we possibly can because like I keep saying on this podcast I say it on television the country's in real serious trouble and our Democracy is in real serious trouble and it hurts me It really hurts me to think that our democracy could be shred so easily by this PT Barnum this this orange-crusted, dusted, bloviated, ignorant, arrogant asshole can destroy, one guy can destroy our democracy despite the fact it's taken us hundreds of years to develop.

And I say this again also respectfully to the rest of the world.

Thank you.

Lawrence Tribe, and numerous from Harvard, of Harvard, said that there is a serious question as to whether or not Ted can do this, OK? There are other attorneys that feel, and very, very fine constitutional attorneys, that feel that because he was not born on the land, he cannot run for office.

Here's the problem.

We're running.

Welcome to the broadcast.

Tonight, constitutional law professor Laurence Tribe of Harvard Law School on the impeachment process moving to the Senate.

A impeachment decision by the House of Representatives that re- essentially represents the view of one political party, uh, is just not going to be accepted by the nation.

I think the polling numbers just over the weekend made it clear, uh, that it's not going to be accepted, and history will view it rather, uh, rather negatively, just as history views negatively the impeachment of Andrew Johnson.

This includes trial, conviction, and removal from office, as well as lesser penalties.

In today's New York Times, former presidents Gerald Ford and Jimmy Carter call for a bipartisan censure resolution.

Joining me now for consideration of the legal and political implications of this weekend's events, Professor Laurence Tribe, constitutional law professor at Harvard University, joins us now from Boston.

Welcome back.

You have so many people that are out there.

Malcolm Nance, you have, I mean, Lawrence Tribe.

There are people with really large numbers, of followers.

You gotta put them all in there.

And in fact, who went? I can't remember now.

Lawrence Tribe.

I incorporated Lawrence Tribe's, uh, evidentiary procedure with respect to, uh, like ex- ex- like in, like, in, in a courtroom when you have a material witness, and there are different levels of y- y- you can't dismiss what someone says, but at the same time, you can't just accept it necessarily at face value.

Sure.

So you have to be sort of judicious about the weight that that kind of data carries.

But there is a very important detail that could extend the deadline to file charges against Trump.

The DOJ has a policy that has been deemed unconstitutional by legal scholars like Laurence Tribe that you cannot charge a sitting president.

So the case can be made that Trump's four years in office pauses the clock, meaning a new attorney general for whomever becomes president in 2028 has around two years to file the charges in both of those investigations once Trump is no longer president.

So starting on Inauguration Day, January 20th, 2029, when Trump is no longer president and a new president gets sworn in, the clock restarts.

You know, Nancy Gertner, Judge Gertner's on the show a lot with us.

She and Larry Tribe, professor emeritus at Harvard Law School, were on the Presidential Commission on the Supreme Court a few years ago.

Joe Biden appointed it.

They went into that supporting term limits and against court expansion.