Law of the Case
The straight scoop on the law from a former Dept of Justice prosecutor with over 20 years of investigating and prosecuting nearly every kind of federal crime. Analyzing the stories and issues missed by journalists who have never stood up in a courtroom.
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Alex J. Grant
I started the Law of the Case podcast because so much of what I was hearing reported about the law, government investigations, and the courts was either wrong or missing the real story. Small wonder: traditional, respected news media usually rely on journalists who have never been lawyers, or journalists with only brief experiences in actually practicing law. On the hand, cable news and podcasts will find actual lawyers to explain the law, but most of the time, they are brought in to represent a partisan, political slant on investigations, cases, and court decisions. So the choice is between non-lawyers who don't know, and lawyers who know but are offering a heavy dose of spin.
The Law of the Case is here to offer the straight scoop on the law from a former DOJ criminal prosecutor who has investigated, prosecuted and tried almost every kind of case the federal government brings.
I am a political independent who carries the water for no party, no candidate, no interest group. I grew up in rural Maine, and we have a proud tradition of independence and an aversion to falling in line with any orthodoxy, right or left. This podcast is for Red State, Blue State, and Purple state folks who just want to know the truth about the law. And if the emperor is wearing no clothes, you'll hear it first on the Law of the Case podcast.
Episodes
Tuesday Apr 02, 2024
Tuesday Apr 02, 2024
President Trump's motion to dismiss the New York hush money case for an alleged failure to disclose information about the star witness Michael Cohen revealed that the DA's office did not have the full story on Cohen when it indicted the case. The DA's office only received part of the documents it wanted from the federal prosecutors who had previously charged Cohen and had refused to charge Trump. It was only after Trump subpoenaed the U.S. Attorney's office that Trump--and the DA's office--got all the potential impeachment information on Cohen. Former 23-year DOJ criminal prosecutor Alex Grant explains why time pressure probably led the DA's office to take the risky step of charging the case and waiting to see what else there was that could damage Cohen's credibility.
Wednesday Mar 06, 2024
Wednesday Mar 06, 2024
Former DOJ prosecutor Alex Grant talks about why having four Trump prosecutions at the same time with no coordinated prosecution strategy is a problem. Alex explains that this is a departure from the DOJ playbook in big cases, and it may lead to the Stormy Daniels hush money case in New York state court being the only case going to verdict before the November election. Normally DOJ headquarters would be quarterbacking these cases. Alex discusses why there is a lack of strong leadership and why it matters.
Tuesday Mar 05, 2024
Tuesday Mar 05, 2024
Former DOJ prosecutor Alex Grant explains what traditional media sources totally missed about the Supreme Court's decision to take Trump's presidential immunity appeal. He explains that there is another pending Supreme Court appeal that was already holding up the trial in the January 6 case. Alex discusses the work that the Supreme Court is going to have to do to distinguish a 1982 case, Nixon v Fitzgerald, that extended absolute presidential immunity from civil lawsuits. Finally, he talks about how the special counsel's prior tactical decisions made the Supreme Court's decision to accept the appeal virtually a foregone conclusion.
Thursday Feb 29, 2024
Thursday Feb 29, 2024
Former DOJ prosecutor Alex Grant is joined by special guest and former FBI profiler Julia Cowley to talk about the disqualification motion filed against Fani Willis in the Trump election interference case. In Part 1, Alex lays out the legal issues and the theory behind the motion, as well as his impressions of the strategy and professionalism of the DA's office in fighting this motion. In Part 2 (17:50), Alex and Julia talk about how you would investigate the facts behind the romantic relationship with the special prosecutor Nathan Wade and the alleged use of cash by Willis. They talk about how to follow the money and the cell tower evidence, and the limitations the defense is operating under in trying to conduct this investigation.
Tuesday Feb 27, 2024
Tuesday Feb 27, 2024
Without carrying the water for either side of the political divide, former DOJ prosecutor Alex Grant explains how the First Amendment actually works to stifle unfettered free speech online. The Supreme Court heard arguments on a Florida law that would prevent big companies like Facebook from censoring speech. The oral argument made it clear that the First Amendment rights of Facebook, i.e., the company's free speech rights, will probably doom any state law that prevents online companies from engaging in content moderation. Alex explains how the First Amendment can actually work against free speech values and how that is baked into the Constitution.
Saturday Feb 24, 2024
Saturday Feb 24, 2024
Without carrying the water for either side of the political divide, former DOJ prosecutor Alex Grant breaks down the special counsel's decision not to charge President Biden for retaining classified documents and how Biden's apparently poor memory fits into that decision. Alex also delves into the attacks on the special counsel by the President's allies and how the debate over the President's memory could be resolved by releasing the recordings of the Biden interviews. The podcast also addresses the extraordinary level of deference given to both Biden and Trump in their retention of classified documents and how that compares to lower level government employees who do the same thing.