#SistersInLaw Podcast Summary Episode 211: Attorneys General Release Date: November 23, 2024

Introduction and Thanksgiving Plans

The episode begins with host Barb McQuaid welcoming listeners back to Sisters in Law alongside Joyce Vance and Jill Wine-Banks. The trio briefly shares their Thanksgiving plans, emphasizing family gatherings and personal traditions. This segment sets a warm, conversational tone before delving into the main topics of the episode.

Nomination of Matt Gaetz and Pam Bondi as Attorney General

Timestamp: [00:11] - [12:55]

Barb McQuaid introduces the primary focus of the episode: the tumultuous nomination process for the U.S. Attorney General position. Initially, former Florida Congressman Matt Gaetz was nominated but swiftly withdrew amid controversies surrounding allegations of sexual misconduct and a lackluster legal resume.

Key Points:

• Matt Gaetz's Withdrawal: Gaetz's nomination was criticized for his brief tenure in private practice and alleged misconduct, leading to his withdrawal.

  Jill Wine-Banks [07:36]: "He has no prosecution experience, he has no real trial experience, he has no management experience."

• Pam Bondi's Nomination: Following Gaetz's exit, Pam Bondi was nominated. While her professional qualifications, including eight years as Florida’s Attorney General, were acknowledged, concerns about her character and loyalty to former President Donald Trump were raised.

  Barb McQuaid [12:51]: "Janet Reno, you know her, she had never served in the Department of Justice. She had been a prosecutor... Bondi, who is not only a county prosecutor but was the head as the state AG."

Assessing Pam Bondi’s Qualifications and Integrity

Timestamp: [12:15] - [19:26]

The discussion shifts to evaluating Bondi's qualifications strictly from a professional standpoint, as requested by Barb. While Jill Wine-Banks acknowledges Bondi's extensive experience, Joyce Vance and Jill express significant concerns regarding Bondi's integrity and her loyalty to Trump.

Key Points:

• Professional Experience: Bondi's tenure as Florida AG is deemed sufficient on paper, demonstrating her capability in managing legal proceedings and leading a large office.

  Jill Wine-Banks [12:21]: "She served as the Attorney General of Florida for eight years... I'd say that’s qualifications that make somebody an adequate candidate."

• Integrity Concerns: Specific incidents, such as Bondi's refusal to return a dog to Hurricane Katrina victims, cast doubt on her character.

  Joyce Vance [13:58]: "That's not someone who has the character to be the Attorney General of the United States."

• Loyalty to Trump: Bondi's perceived alignment with Trump's agenda raises fears that she might use the Justice Department as a political tool rather than upholding the rule of law.

  Jill Wine-Banks [17:14]: "We have to worry about whether that loyalty means that she will allow the Department of Justice to be the personal law firm of Donald Trump."

Potential New Guardrails: State Governors and Attorneys General

Timestamp: [26:59] - [37:43]

Shifting focus, the hosts explore the emergence of new guardrails within state governments to counterbalance the federal administration's actions. They highlight how governors and state Attorneys General (AGs), especially from blue states, are collaborating to uphold constitutional rights and resist federal overreach.

Key Points:

• Local Resistance: Examples from Oklahoma, where local officials opposed the implementation of Christian Bible lessons in schools, illustrate the potential for state-level resistance.

  Barb McQuaid [30:04]: "This movement to push toward Christian Bible influence in our public schools was pushed back. That gives me a little bit of hope."

• State AG Collaborations: Democratic AGs are actively working together to protect reproductive rights, climate initiatives, and voting regulations against federal challenges.

  Jill Wine-Banks [33:38]: "There is an interesting statistic which is that there were 130 cases brought in the Trump administration in his first term... Governors have spoken up."

• Legal Strategies: AGs are employing various legal tactics, including lawsuits, amicus briefs, and public statements, to defend state interests and citizens’ rights.

Current Legal Cases Against Donald Trump

Timestamp: [47:06] - [55:14]

The conversation delves into ongoing legal battles involving Donald Trump, particularly focusing on the New York election interference case and the Georgia case brought by DA Fani Willis.

Key Points:

• New York Case: Trump's defense lawyers are seeking to dismiss the case based on arguments related to presidential immunity and the admissibility of certain evidence.

  Joyce Vance [49:33]: "They are saying that the conviction has to be tossed out... because of conversations that Trump had in the Oval Office."

• Georgia Case: Issues with DA Fani Willis’s handling of the case, including a canceled ruling on her recusal, raise concerns about potential biases and the case's future.

  Jill Wine-Banks [52:43]: "The idea that somehow Fani Willis was having a personal relationship with a co-prosecutor is completely irrelevant."

• Implications for Co-Defendants: There is uncertainty about the future of co-defendants who have pleaded guilty and how these cases might proceed or be dismissed.

Role of Public Protests and Civil Disobedience as Guardrails

Timestamp: [55:08] - [63:55]

The hosts assess the influence of public activism in maintaining checks on political power, drawing parallels to historical movements like the Civil Rights Movement and Watergate era protests.

Key Points:

• Historical Context: Jill Wine-Banks emphasizes the effectiveness of past protests in driving political change, suggesting that similar efforts could serve as modern guardrails.

  Jill Wine-Banks [57:46]: "I do believe that it is possible for the people to be the guardrail in the Watergate case."

• Current Challenges: The polarization and misinformation in the current era make unified public pressure more challenging compared to previous decades.

  Jill Wine-Banks [58:51]: "There is no debate about what was true. Nowadays, there is."

• Encouragement for Activism: Despite the difficulties, the hosts advocate for continued public engagement and protests to uphold democratic principles.

  Joyce Vance [63:55]: "I am hoping that the public pressure will materialize and that it will again work and that at least it will keep in control."

Q&A Highlights

Timestamp: [57:46] - [64:59]

Listeners submitted questions, which the hosts addressed, providing further insights into constitutional design and the role of Attorneys General.

Key Questions and Responses:

• Constitutional Separation of Powers (Question from Ken, Canada): The hosts debated whether separating the head of state from the executive would have prevented current issues.

  Jill Wine-Banks [57:46]: "I don't think it would work any better if it was a separated job anyway."

• Decision-Making by Attorneys General (Question from Frank Edson, 24): Joyce Vance explained that line prosecutors have significant discretion based on evidence and legal standards, while AGs set broader priorities.

  Joyce Vance [59:24]: "They can set priorities... Attorneys general say, I want to make sure that line prosecutors are giving these very important cases a good, hard look."

• FBI Background Checks for Nominees (Question from Linda, Sarasota, FL): The hosts discussed the importance of background checks for nominees accessing classified information, criticizing proposals to bypass them.

  Barb McQuaid [58:51]: "This information also then gets shared with the Senate when they do their confirmation process."

Conclusion

The hosts conclude by reflecting on their discussions about the Attorney General nomination, the integrity of public officials, and the emerging state-level guardrails against federal overreach. They emphasize the need for continued vigilance and public participation to maintain democratic accountability.

Notable Quotes with Timestamps

• Jill Wine-Banks [07:36]: "He has no prosecution experience, he has no real trial experience, he has no management experience."

• Joyce Vance [13:58]: "That's not someone who has the character to be the Attorney General of the United States."

• Jill Wine-Banks [17:14]: "We have to worry about whether that loyalty means that she will allow the Department of Justice to be the personal law firm of Donald Trump."

• Barb McQuaid [30:04]: "This movement to push toward Christian Bible influence in our public schools was pushed back. That gives me a little bit of hope."

• Jill Wine-Banks [57:46]: "I do believe that it is possible for the people to be the guardrail in the Watergate case."

• Jill Wine-Banks [59:24]: "They can set priorities... Attorneys general say, I want to make sure that line prosecutors are giving these very important cases a good, hard look."

This episode of Sisters in Law offers a comprehensive examination of the complexities surrounding the Attorney General nominations, the interplay between state and federal mechanisms in upholding the rule of law, and the pivotal role of public engagement in safeguarding democratic institutions.