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Andrew Weissmann

๐Ÿ‘ค Speaker
1365 total appearances

Appearances Over Time

Podcast Appearances

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

And then second, yesterday, he said, I'm going to allow ICE agents into local prisons like Rikers to effectuate immigration arrests. That is in violation of local law. So it's just remarkable. So here's a guy who's under indictment, out on bail, saying, yeah, yeah, yeah, I'm authorizing them to violate local law. The mayor is not allowed to do that.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

Just to be clear, the mayor has no power to say violate local law any more than, Tim, you and I saying that. So there is now this standoff because where we are right now is Daniel Sassoon has said, I am not doing this. I'm resigning rather than carry out what she believed, and I can agree with her, is both an improper and arguably illegal order from Emil Bove.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

Just to be clear, the mayor has no power to say violate local law any more than, Tim, you and I saying that. So there is now this standoff because where we are right now is Daniel Sassoon has said, I am not doing this. I'm resigning rather than carry out what she believed, and I can agree with her, is both an improper and arguably illegal order from Emil Bove.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

Just to be clear, the mayor has no power to say violate local law any more than, Tim, you and I saying that. So there is now this standoff because where we are right now is Daniel Sassoon has said, I am not doing this. I'm resigning rather than carry out what she believed, and I can agree with her, is both an improper and arguably illegal order from Emil Bove.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

He then says, I'm moving the case, the prosecutor's assigned to the case, I'm moving it from New York to Washington, D.C. to the public integrity section. Now, just to be clear, the criminal case is still pending in the Southern District of New York. You can't change that. The judge who has the case has the case. But it gets assigned to the public integrity section.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

He then says, I'm moving the case, the prosecutor's assigned to the case, I'm moving it from New York to Washington, D.C. to the public integrity section. Now, just to be clear, the criminal case is still pending in the Southern District of New York. You can't change that. The judge who has the case has the case. But it gets assigned to the public integrity section.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

He then says, I'm moving the case, the prosecutor's assigned to the case, I'm moving it from New York to Washington, D.C. to the public integrity section. Now, just to be clear, the criminal case is still pending in the Southern District of New York. You can't change that. The judge who has the case has the case. But it gets assigned to the public integrity section.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

And that's why, Tim, each person, like the Saturday Night Massacre, is saying no, no, no, no, no. So you have six people who have now resigned. I'm sure everyone at the Department of Justice is saying, I'm not answering my phone because it could be Maybe I'll say, I want you to go to the Southern District of New York and do this.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

And that's why, Tim, each person, like the Saturday Night Massacre, is saying no, no, no, no, no. So you have six people who have now resigned. I'm sure everyone at the Department of Justice is saying, I'm not answering my phone because it could be Maybe I'll say, I want you to go to the Southern District of New York and do this.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

And that's why, Tim, each person, like the Saturday Night Massacre, is saying no, no, no, no, no. So you have six people who have now resigned. I'm sure everyone at the Department of Justice is saying, I'm not answering my phone because it could be Maybe I'll say, I want you to go to the Southern District of New York and do this.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

So there's a pending criminal case. And in order for that case to disappear from the docket, there needs to be a motion. So somebody has to say discontinue it, and that has to have court approval. The court has limited authority to say no, but if it was shown to be an illegal order or for improper purposes, there are a number of things the judge could do.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

So there's a pending criminal case. And in order for that case to disappear from the docket, there needs to be a motion. So somebody has to say discontinue it, and that has to have court approval. The court has limited authority to say no, but if it was shown to be an illegal order or for improper purposes, there are a number of things the judge could do.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

So there's a pending criminal case. And in order for that case to disappear from the docket, there needs to be a motion. So somebody has to say discontinue it, and that has to have court approval. The court has limited authority to say no, but if it was shown to be an illegal order or for improper purposes, there are a number of things the judge could do.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

The most extreme would be he could hold a hearing to say, what happened here? I want to know if this is an illegal scheme. I think he should have a hearing. And here's the really extraordinary thing that he could do is he could say, no, I am not doing this. I think this is part of a quid pro quo. I don't think you have a valid basis to dismiss it.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

The most extreme would be he could hold a hearing to say, what happened here? I want to know if this is an illegal scheme. I think he should have a hearing. And here's the really extraordinary thing that he could do is he could say, no, I am not doing this. I think this is part of a quid pro quo. I don't think you have a valid basis to dismiss it.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

The most extreme would be he could hold a hearing to say, what happened here? I want to know if this is an illegal scheme. I think he should have a hearing. And here's the really extraordinary thing that he could do is he could say, no, I am not doing this. I think this is part of a quid pro quo. I don't think you have a valid basis to dismiss it.

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

At that point, the prosecutors, the plaintiffs in the case are saying, I'm not going forward because Emil Bove is saying I'm not doing it. So what could the judge do? He could appoint an independent team to prosecute the case. That has happened in a case called Donziger. A colleague of Judge Ho, Lewis Kaplan, whom some of your listeners may remember, he had...

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

At that point, the prosecutors, the plaintiffs in the case are saying, I'm not going forward because Emil Bove is saying I'm not doing it. So what could the judge do? He could appoint an independent team to prosecute the case. That has happened in a case called Donziger. A colleague of Judge Ho, Lewis Kaplan, whom some of your listeners may remember, he had...

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

At that point, the prosecutors, the plaintiffs in the case are saying, I'm not going forward because Emil Bove is saying I'm not doing it. So what could the judge do? He could appoint an independent team to prosecute the case. That has happened in a case called Donziger. A colleague of Judge Ho, Lewis Kaplan, whom some of your listeners may remember, he had...

The Bulwark Podcast
Andrew Weissmann and Michael Weiss: Valentine's Massacre

the E. Jean Carroll case, where there were two separate verdicts in favor of E. Jean Carroll, and he was the judge who oversaw that case. So, in a separate case, he actually appointed a special prosecutor to go forward with a case which he thought was meritorious.