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Lawyer 2 Lawyer
23 minutes | Jun 18, 2021
Ransomware Attacks & Cybersecurity
We have all seen a wave of ransomware attacks in the news as of late. For those who are unfamiliar, ransomware is a type of malware that threatens to publish, destroy, or block access to the victim's personal data unless a ransom is paid. The ransom is usually paid to these attackers through cryptocurrencies like Bitcoin, impairing the ability to trace the transaction back to the perpetrator. Targets of all sizes, such as the Colonial Pipeline, McDonalds, the University of California, all the way down to dental practices, have fallen prey to these attacks. No one is immune. So could you be next? And what can we do to prevent these attacks from happening to us? On Lawyer 2 Lawyer, host Craig Williams is joined by Thomas J. Holt, director and professor in the School of Criminal Justice at Michigan State University.
27 minutes | Jun 4, 2021
States Regulating Protests
According to The Hill, Republican lawmakers in 34 states have introduced more than 80 anti-protest bills thus far in the 2021 legislative session. In Florida, Governor Ron Desantis recently signed an ‘anti-riot’ bill into law that states, in part, that a driver may avoid liability "for injury or death caused if fleeing for safety from a mob.” And Oklahoma Governor Kevin Stitt signed a similar bill into law as well, requiring that the driver "unintentionally harm[s] protesters in fleeing said protests". So is this legislation constitutional? Does it infringe on an individual's First Amendment’s right to peacefully protest? Or is this a necessary deterrent to combat violence at protests? On Lawyer 2 Lawyer, host Craig Williams is joined by attorney Jeff Lewis, from Jeff Lewis Law, to discuss states regulating protests through legislation, how such laws intersect with the First Amendment, and the impact on those who protest.
34 minutes | May 21, 2021
Packing the Court
Court packing is defined as “the act or practice of packing a court and especially the United States Supreme Court by increasing the number of judges or justices in an attempt to change the ideological makeup of the court.” Last month, Congressional Democrats introduced legislation to expand the Supreme Court from nine to 13 justices, and President Biden announced the formation of a commission to study the court's structure, including the number of justices and their length of service. Of course, this has led to yet another controversy along party lines. On Lawyer 2 Lawyer, host Craig Williams is joined by Tonja Jacobi, professor of law at Northwestern Pritzker School of Law, to discuss packing the Supreme Court, the politicization of the High Court, potential reform, and next steps.
31 minutes | Apr 30, 2021
Journalists, Protests, Law Enforcement, and Freedom of the Press
Social justice issues have been at the forefront of protests across our nation. In order to report on these protests, journalists have been on the front lines of the action. Yet, due to a lack of public trust, journalists are often targeted by law enforcement or counter protesters. American broadcast journalist Walter Kronkite, famously said, “Freedom of the press is not just important to democracy, it is democracy.”So what are the rights of journalists during protests? What about public citizens? On Lawyer 2 Lawyer, host Craig Williams is joined by Shannon Jankowski, the E.W. Scripps Legal Fellow at Reporters Committee for Freedom of the Press, and David Bralow, Legal Director for the Press Freedom Defense Fund & Senior Vice President, Law, for the First Look Institute, Inc., as they discuss incidents of mistreatment of journalists by law enforcement during recent protests. Together, we explore freedom of the press generally and in the context of protests; and talk briefly about the legalities surrounding the filming and photographing of the police by citizens. Shannon Jankowski is the E.W. Scripps Legal Fellow at Reporters Committee for Freedom of the Press. David Bralow is Legal Director for the Press Freedom Defense Fund and Senior Vice President, Law, for the First Look Institute, Inc.
35 minutes | Apr 16, 2021
Cyberwarfare, U.S./Russia Relations, and Ukraine
In a Daily Beast article published on April 13, 2021, Julia Davis writes that, “the head of the Kremlin-funded RT and Sputnik news agencies believes Russia will invade Ukraine, sparking a conflict with the U.S. that will force entire cities into blackouts.” Also, according to a White House produced readout of a recent call between Presidents Biden and Putin, the leaders discussed a potential upcoming summit as well as Russia's military buildup and the ongoing tensions centering around Ukraine. Tensions between the United States and Russia are nothing new, but have recently intensified as a result of findings of Russian interference in US elections, the high profile SolarWinds cyberattack, and the Biden administrations implementation of a new round of sanctions. With no indications of relief on the horizon, what should we expect in the future? Will a cyber attack against the U.S be next? Should we be on high alert? Are we already? Or could we see a resolution of some sort between the two leaders? On Lawyer 2 Lawyer, host Craig Williams is joined by Claire Finkelstein, professor of law and philosophy from University of Pennsylvania Carey Law School/Penn Law and General Charles J. Dunlap Jr., former deputy judge advocate general of the United States Air Force, and professor from Duke Law. They discuss national security, potential threat of cyber warfare, U.S./Russia relations before and after interference in our elections, UN involvement, international law, and what kind of cyber protections are needed. Mentioned in this Episode: Daily Beast Article: Top Kremlin Mouthpiece Warns of ‘Inevitable’ War With U.S. Over Another Ukraine Land Grab Readout of President Joseph R. Biden, Jr. Call with President Vladimir Putin of Russia Lawfire blog
28 minutes | Apr 2, 2021
Open Carry Laws, Public Safety, and Young v. Hawaii
On March 24th, 2021, the 9th US Circuit Court of Appeals reversed an earlier ruling and upheld the effective ban on the open carry of firearms in the state of Hawaii. Coming in the wake of multiple high-profile mass shootings around the country, the case of Young v. Hawaii is likely to be a contentious development in the ongoing gun debate. To briefly recap, back in 2011, George Young, a resident of Hawaii County, unsuccessfully applied for a carry permit twice citing a need for self-defense. Young filed suit, arguing that Hawaii's law was inconsistent with the Second Amendment. On Lawyer 2 Lawyer, host Craig Williams is joined by Eric Ruben, an assistant professor of Law at SMU Dedman School of Law and a Brennan Center fellow to discuss the debate surrounding open carry laws, the history of Young v. Hawaii, this recent federal court ruling, and open carry vs. public safety.
36 minutes | Mar 19, 2021
Charging the Capitol Rioters, Attorney General Merrick Garland, and the Future of the Justice Department
More than two months after the event, federal prosecutors continue to file charges against individuals involved in the January 6th U.S Capital riot. In his confirmation hearings, now confirmed U.S. Attorney General Merrick Garland stated that charging those involved in the Capitol Riot would be his #1 priority. “We begin with the people on the ground and we work our way up to those who were involved and further involved.” Currently, there are over 300 individuals charged from more than 40 states. At least 149 of those individuals have been freed pending trial after posting bail or agreeing to supervised release. On Lawyer 2 Lawyer, host Craig Williams is joined by former U.S. Attorney, professor at the University of Alabama School of Law, and co-host of the new podcast #SistersInLaw, Joyce White Vance. Craig and Joyce discuss charging the Capitol rioters, and look ahead to how the recent confirmation of Merrick Garland will impact the Justice Department, the cases against those involved in the Capitol riot, and who Attorney General Garland means by those “further involved”.
27 minutes | Mar 5, 2021
Liability and Litigation Stemming from the Texas Weather Crisis
In February, two severe winter storms swept across the United States, ultimately hitting the state of Texas hard. These storms caused major power outages, water and food shortages, and dangerous weather conditions, leaving Texans across the state struggling to survive. So who is liable? And was this preventable? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Heather Payne from Seton Hall University School of Law, to discuss litigation and liability stemming from Texas’ recent weather crisis.
31 minutes | Feb 19, 2021
The Search of Electronic Devices at the U.S. Border
On February 9th, 2021, reversing what had been seen as a landmark legal victory for civil liberties groups, First Circuit Judge Sandra Lynch ruled in the matter of Alasaad v. McAleenan, finding that both basic and “advanced” searches fall within “permissible constitutional grounds” at the U.S. border. The dispute centers around the search and temporary detainment of electronic devices by U.S. Customs and Border Patrol and ICE agents, as well as the retention of data found on those devices - even in circumstances where no suspicious activity has occurred. On Lawyer 2 Lawyer, host Craig Williams is joined by professor Laura K. Donohue, director of Georgetown’s Center on National Security and the Law, to discuss this recent circuit court ruling on electronic device searches at the U.S. border, reaction to the ruling, the First and Fourth Amendments, and next steps. Special thanks to our sponsor, LEX Reception.
30 minutes | Feb 5, 2021
The Executive Orders of President Biden
With a stack of executive orders piled on his desk, President Biden wasted no time. According to Newsweek, “President Biden signed more executive orders in the first 12 days of his presidency than the combined number issued by Donald Trump and Barack Obama for the same point in their tenures.” From revoking the permit for the Keystone XL pipeline and reversing the travel ban targeting primarily Muslim countries, to requiring mask wearing and preventing and combating discrimination, President Biden covered and reversed a wide range of policies with the stroke of a pen. So what is the effect of these orders under the newly elected Biden? And what questions arise as to their legality and constitutionality? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Michael W. McConnell, director of the Constitutional Law Center at Stanford Law School and Dr. Kevin G. Vance from the Clemson Institute for the Study of Capitalism and Department of Political Science, as they discuss President Biden's executive orders, their impact, their constitutionality, the ramifications of the immediate reversal of the prior president’s actions, and what’s to come from this new administration. Special thanks to our sponsor, LEX Reception.
29 minutes | Jan 22, 2021
Legal Liability Stemming from the Capitol Riot
As the nation celebrated the 59th Presidential Inauguration, the White House, U.S. Capitol and other federal buildings were surrounded by checkpoints, a seven-foot-high fence, thousands of National Guard Troops, and military vehicles patrolling the streets of DC, all stemming from the riot at our U.S. Capitol just over two weeks ago. Since the riot, there have been federal felony arrests and charges brought against many of those who entered the Capitol or committed related crimes on January 6th. But who else will be held legally liable for these riots in the year ahead? President Trump? Sponsors and planners of the rally pre-riot? Members of Congress? What about those who have incited violence or spread misinformation through their social media channels? On Lawyer 2 Lawyer, host Craig Williams is joined by attorney Alan Gassman from the law firm Gassman, Crotty & Denicolo and attorney Michael McAuliffe from the firm, McAuliffe Law PLLC as they discuss legal liability stemming from the U.S. Capitol riot, federal felony charges, and what lies ahead for all involved. Special thanks to our sponsor, LEX Reception. Discussed in this episode: The Legal Fallout Expected After The Capitol Riots How Could Capitol Riot Prosecutions Play Out? A Former Prosecutor Offers a Road Map No Truth Left to Tell
27 minutes | Jan 8, 2021
Defining Sedition under the Trump Presidency
Sedition is defined as “conduct or speech inciting people to rebel against the authority of a state or monarch.” Throughout the Trump presidency, the word “sedition” has been used by both parties to describe various actions alleged to have crossed a legal line. For instance, Attorney General Barr suggested to prosecutors to file sedition charges against protesters in wake of protests across the country. On January 6, 2021, Pro-Trump protestors stormed the U.S. Capitol as lawmakers were in the process of certifying Electoral College votes in favor of President Elect-Biden. So are any of these actions considered seditious? And if so, what is being done about it? On Lawyer 2 Lawyer, host Craig Williams is joined by constitutional law professor Carlton Larson from UC Davis School of Law, as they talk about sedition as it applies to the actions of the current administration, identify the legal line between sedition and free speech, and define what is and isn't sedition. Special thanks to our sponsor, LEX Reception. Discussed in this episode: On Treason: A Citizen’s Guide to the Law The Trials of Allegiance: Treason, Juries, and the American Revolution
27 minutes | Dec 25, 2020
Taking a Different Path-Leaving the Law and Finding your Passion
Have you ever considered leaving the law and going on the adventure of a lifetime? On Lawyer 2 Lawyer, host Craig Williams spotlights word traveler, writer, photographer, and public speaker Jodi Ettenberg, a former lawyer who left the law and took a different career path. Jodi will discuss how she became interested in law, what led to her departure, what she learned in her new career, and the importance of finding and following your passion. Special thanks to our sponsor, LEX Reception. Discussed in this episode: Legal Nomads Thrillable Hours Series The Food Traveler’s Handbook
28 minutes | Dec 11, 2020
COVID & the Courts
With the pandemic still raging, litigation looks very different. Courtrooms across our country have had to adapt to the pandemic through new safety measures and the use of technology to keep up. But while these changes have allowed courts to operate, these changes haven't come without their headaches and, for some clients, very real challenges. Have the Courts done enough to ensure access? What does today's courtroom and court procedure look like? What about jury trials and selection? On Lawyer 2 Lawyer, host Craig Williams is joined by attorney John S. Stiff, the founding partner of Stiff, Keith & Garcia, LLC, and Danielle Hirsch, Principal Court Management Consultant for the National Center for State Courts, to discuss COVID and the Courts. They talk about getting justice during a pandemic, take an inside look at what's going on in courtrooms today, explore the impact on all those involved in the process, and what is being done to ease and speed up the process. Special thanks to our sponsors, Blue J Legal and LEX Reception.
31 minutes | Nov 27, 2020
Transition of Power
The transition of presidential power is the process during which the president-elect of the United States prepares to take over the administration of the federal government of the United States from the incumbent president. The peaceful transition of government has long been a hallmark of American democracy. In what has become an unfortunately common refrain, 2020 has proven different. For weeks following the election being called for Joe Biden, the Trump administration refused to begin the transition process. It was in these circumstances that this episode was recorded. However, since then, the General Services Administration has decided to release funds to the incoming Biden administration to facilitate a transition, but that doesn’t necessarily mean a smooth transition is here. The possible impact of the delays, continuing refusals to concede defeat, and ongoing litigation disputing the results in multiple swing states give rise to concerns regarding national security, the economy, and the government's ability to properly address the effects of the Coronavirus. On Lawyer 2 Lawyer, host Craig Williams is joined by William C. Banks, professor and former interim dean from the Syracuse University College of Law and professor Leslie Gielow Jacobs, director of the McGeorge School of Law Capital Center for Law & Policy, as they explore the practical impacts of a delayed transfer of power from an uncooperative incumbent administration, both for the incoming administration and the American people. They’ll discuss what lessons we can learn from the past, and what options the Biden administration may have going forward. Special thanks to our sponsors, Blue J Legal and LEX Reception.
31 minutes | Nov 13, 2020
On Saturday, November 7th, 2020, after nearly a week of waiting for the results of the 2020 election, former Vice President Joe Biden was declared the winner of the 2020 presidential election. As of the publication of this episode, President Trump has not yet conceded and has instead filed or intends to file a number of lawsuits against select swing states, claiming voter fraud and demanding recounts. On January 20th, 2021, it is expected that President Trump will leave the White House and return to life as a private citizen without certain protections and a loss of presidential immunity. A number of currently pending lawsuits and an investigation await the president after his departure from the office. For instance, New York City is specifically targeting President Trump and his business dealings with a criminal investigation led by Manhattan District Attorney Cyrus Vance. On Lawyer 2 Lawyer, host Craig Williams is joined by attorney David S. Weinstein, partner with the firm Hinshaw & Culbertson LLP to discuss the potential litigation that could follow President Trump after he leaves office. We will take a look at his current "immunity from prosecution" as president, the loss of presidential immunity, and what may be to come for private citizen Trump. Special thanks to our sponsors, Blue J Legal and LEX Reception.
30 minutes | Oct 30, 2020
The 2020 Election: Voter Suppression, Mail-in Ballots, and a Potential Legal Fight
As we approach Election Day on November 3rd, 2020, it seems the list of issues grows by the day. Controversy over ballot drop boxes. Intimidating emails to voters from Iran and Russia. A call for an "army of poll watchers" from the president. And so much may hinge on the Supreme Court. So, what impact will these issues have on the election? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Joshua A. Douglas from the University of Kentucky College of Law as they explore a variety of legal issues leading up to the election including voter suppression, voter intimidation, controversy over mail-in ballots, and the potential legal fight awaiting us after the election. Special thanks to our sponsors, Blue J Legal and LEX Reception.
27 minutes | Oct 16, 2020
The President, COVID-19, and Impact on the American Public
On October 2nd, 2020 President Trump announced that he and his wife, Melania Trump tested positive for the coronavirus. After disclosing his positive test, President Trump was taken to Walter Reed hospital, and questions and rumors circulated about his condition. In press conferences from Walter Reed, medical professionals cited HIPAA privacy laws for not sharing specific details regarding the president’s health, leaving the American public guessing. After a controversial car ride around Walter Reed by the president, questions remained about the exposure to COVID-19 of those closest to him. On October 5th, the president was released from Walter Reed, when he gave a thumbs up before walking inside the White House and took off his mask. Now back at the White House, will this experience result in any change? On Lawyer 2 Lawyer, host Craig Williams is joined by Harry Nelson, founder and managing partner of Nelson Hardiman, the largest boutique healthcare law firm in Los Angeles, to discuss the health of the president and whether it is a national security issue to not know his condition; to take a look at White House staff members and others testing positive; and to consider the duty of all employers to keep employees safe, the controversy over wearing masks, and the impact of the president’s words regarding the virus on the American public. Special thanks to our sponsors, Blue J Legal and LEX Reception.
30 minutes | Oct 2, 2020
RBG, Judge Amy Coney Barrett & the Impact on SCOTUS
On September 18th, 2020, we lost a powerhouse on the Supreme Court. An advocate, a fighter for women’s rights, and a trailblazer, Justice Ruth Bader Ginsburg passed away leaving behind a huge legacy, in addition to an empty seat on the Supreme Court. With less than two months before Election Day, controversy was sparked between republicans and democrats when President Trump nominated federal appellate judge and Notre Dame law professor Amy Coney Barrett, known as a conservative judge and a former clerk for Justice Scalia, to fill Justice Ginsburg’s seat. On Lawyer 2 Lawyer, host Craig Williams and is joined by Deborah Pearlstein, professor of constitutional and international law and co-director of the Floersheimer Center for Constitutional Democracy at Cardozo School of Law, discuss the latest on SCOTUS, the passing of Justice Ruth Bader Ginsburg and her legacy, the controversy surrounding President Trump's nomination of Amy Coney Barrett in an election year, and the potential impact on Roe v. Wade, healthcare and the High Court. Special thanks to our sponsors, Blue J Legal and LEX Reception.
30 minutes | Sep 18, 2020
Bob Woodward, the “Trump Tapes,” and the Parallels to Watergate
This month, a series of excerpts from 18 recorded interviews between investigative journalist Bob Woodward and President Trump for Woodward’s book, Rage, were released. As many of you know, Bob Woodward, who was a young reporter with The Washington Post back in 1972, teamed up with another investigative reporter, Carl Bernstein to report on the Watergate scandal, ultimately leading to numerous government investigations and the eventual resignation of President Richard Nixon. In his book, Woodward interviewed President Trump on a variety of topics, including the threat of the coronavirus and Black Lives Matter. One of the more controversial revelations was from the recording on February 7th when Woodward asked about the threat of the coronavirus-President Trump responded, “It's also more deadly than your, you know, your even your strenuous flus. This is deadly stuff.” Meanwhile, on February 27th, during a White House press conference, the president was telling the American public something very different. So did the president knowingly keep this information from Americans? On Lawyer 2 Lawyer, host Craig Williams and guest co-host Bob Ambrogi are joined by historian Jim Robenalt, litigation partner at Thompson Hine LLP and John Dean, former White House counsel for President Richard Nixon, as they discuss the controversial excerpts from Bob Woodward's interviews with President Trump, the parallels to the Watergate scandal through these recently released "Trump Tapes,” and how these revelations could impact the president before the election. Special thanks to our sponsors, Blue J Legal and LEX Reception. Source: The Legacy of Watergate Authoritarian Nightmare: Trump and His Followers by John W. Dean and Bob Altemeyer (Melville House Books) January 1973: Watergate, Roe v. Wade, Vietnam, and the Month That Changed America Forever by James Robenalt Rage by Bob Woodward
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