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Uncommon Knowledge: The Limits of Emergency Powers with Epstein & Yoo

Are There Limits on Emergency Powers? With John Yoo and Richard Epstein

Can a sitting president be indicted? What emergency powers does President Trump have to build a border wall and stop the government shutdown? Richard Epstein and John Yoo join me to answer these legal questions and more regarding the constitutional powers of the presidency, the state of the Supreme Court, the Mueller investigation, and the legality (or lack thereof) of indicting a sitting president.

As the country continues to deal with a partial government shutdown, Epstein and Yoo address the shutdown, the likelihood of its coming to a timely end, and what kind of bipartisan compromise could end it. Yoo suggests that one potential outcome would be that Democrats require the legalized status of DREAMers in exchange for border-wall funding. Epstein argues that President Trump will have to cave if services like TSA screening begin to shut down from lack of funding. They both agree that the longer the shutdown goes on, the more likely citizens are to get increasingly frustrated with both parties, regardless of the moral stances the party leaders are taking.

Recorded on January 17, 2019.

Peter Robinson — Peter M. Robinson is a research fellow at the Hoover Institution.
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