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- [00:04]
Jill Wine Banks
Welcome to this episode of Sisters sidebar with Kimberly Atkinstore and me, Jill Wine Banks, here to answer your questions. If you have a question for us, please make sure that you email us@sistersinlawoliticon.com or tag us on any of our social media using SistersInLaw. But don't just type your questions. Please use a way of communicating with us that we love, which is to use your voice. We like hearing you, so please do that. It's really important to us. Email us a voice memo and then you may hear your own voice played on our show. So let's get started today with an audio question. Kim, there's a great question for you from Kathy in Anchorage, Alaska.
- [00:55]
Kimberly Atkins Store
Hi, sisters, thank you for your great show. This question is from Kathy in Anchorage, Alaska. Is it legal for Todd Blanche to accept an appointment to the position of US Attorney General when he has already
- [01:08]
Jill Wine Banks
served as Donald Trump's personal lawyer?
- [01:11]
Kimberly Atkins Store
Why or why not? That's a great question, Kathy. The truth is, yes, someone who has previously served as a president's personal attorney can serve as the position of attorney general. There is nothing constitutionally that prevent that person from taking that job to be attorney general. You just have to be nominated. You have to be vetted by the Senate and confirmed by the Senate to have that position in the Cabinet. This is very similar, really, to any Cabinet position. This is one of those norms that has been in place for a very long time, and it's not the first time that there has been controversy around someone has occupied a Cabinet spot who was very close to the president. Recall that during John F. Kennedy's tenure as president, he installed his brother as Attorney General of the United States, something that a lot of people thought was the wrong thing to do, that it was nepotistic. And that is not something you should be doing in the government, is not to say that Robert Kennedy was not quite qualified to be attorney general. I think for all intents and purposes, he was. But in this case, yes. Just the fact that the president has, that a person has worked personally for the president in itself is not and is not supposed to be a bar to that office. Because when they take the oath, their oath is supposed to be to the Constitution. And whether or not an attorney general in office serves that oath, adheres to that oath is something different. If they don't, they, they are subject theoretically to impeachment if the impeachment power was strong and they can lose that job. So, no, there's no bar to that. Our next question comes from Patricia, Jill and Patricia asks regarding Trump's side agreement of not having to pay taxes before the date of the dismissal of the suit. Will a future DOJ overturn the quote, in perpetuity for me and my family, end quote, part, or is it already set in stone for future departments of Justice? If so, why is that?
- [03:31]
Jill Wine Banks
Well, it's very interesting question, and I would say that the answer is no for many reasons. I say that pretty confidently. But of course, the courts are off on their own when it comes to the Supreme Court. But first of all, there was no exchange of value. So there's no legitimate contract, and it wasn't a settlement because it didn't settle any legitimate lawsuit and wasn't approved by a court. So if there's no exchange of value, there's no contract, there's no settlement, and the statute of limitations is six years. So it might be considered waived. So the next DOJ could challenge it. And I think they should, because I don't think it's a legitimate thing. But I do want to point out that the action only pertains to things up to the date of the signature in May of this year. So his failure to pay taxes going forward is something that he can be audited and can be prosecuted for improper tax returns or for failing to pay his taxes. Our next question is for you, Kim, and it comes from Paula. She asks, can national monuments, for example, Trump's arch, be renamed or repurposed in the future, perhaps to honor immigrants? What do you think?
- [04:52]
Kimberly Atkins Store
That's a great question. So, yes, national monuments can be repurposed. They can be renamed, they can be changed. That usually requires an act of Congress. It's pretty clear that Congress has authority to change or repurpose national monuments through legislation. What is unclear is that whether a president or the executive branch has the ability to do that unilaterally through executive action. That is something that is currently being litigated. We are seeing with examples such as the recent ruling that Trump has to take his name off of the Kennedy center, for example, which the Kennedy center is a memorial monument to John F. Kennedy. It's not just, you know, a place where music is played. It is actually a government monument and him putting his name on it. A judge has ruled so far that that has to come. So that is legally contested. But Congress always has the ability. They are the ones who. These monuments are erected through acts of Congress, and they can be also changed through acts of Congress. Our next question comes from Barbara, who asks if a president were found by his doctor to have a condition that would prevent him from performing their duties. Could the doctor somehow invoke the 25th Amendment with telling Congress violate HIPAA?
- [06:15]
Jill Wine Banks
Jill, you know, I read that question and I went, well, hipaa, of course. And then I did some research and the President's physician has a different relationship with information than any other doctor, and he is required to report first to the President directly about whatever is discovered. And there was some reporting this week, by the way, that although the President's physician is one person, when he's examined, there were 22 doctors who saw him at his last physical exam, which is really quite extraordinary. But that's a different health issue than what you're asking, Barbara, one that we should all be asking, though it's a good question. Once he does that, it then goes to the White House medical unit and the White House press secretary and the they coordinate the release of the information. So it goes to the President and then it goes to the public. So there's no HIPAA violation. With that, the summary memo should go to the public. I was surprised by that and pleased, although I don't think we're actually getting the real information that is being found. So I thought that was very, very interesting in terms of the invoking the 25th Amendment. Actually, the 25th Amendment requires the Vice President and Cabinet members. It isn't something that just a person can do, because if it was, there are millions of citizens who would have invoked it already.
- [08:00]
Kimberly Atkins Store
When you combine being a podcaster, a lawyer, a professor, a journalist, or one of the other 87 jobs that Jill Wine Banks has, keeping track of your schedule can get a bit crazy. Then there are partners, kids, and even pet appointments. Add it all up and managing everyone's time and keeping everyone on the same page is a pretty tough job. Not only do things have to get done, but you also want to be in sync so that you can make the most of your free time together and the rest of your life. And that's why we're so glad we got our households using the Skylight Calendar.
- [08:36]
Jill Wine Banks
If you haven't heard of the Skylight Calendar, it's designed to bring families together for more time. It's an all in one digital smart calendar that syncs seamlessly with Google Calendar, Apple Calendar, Outlook, and more, giving you customizable views for daily, weekly, or monthly planning. And for those of you who like to procrastinate, it has plenty of ways to keep you on mission and the tasks. The features help kids build healthy routines and independence so brushing teeth, homework, and chores become more fun and rewarding. You can even manage events, chores and grocery lists while assigning colors to each family member, eliminating excuses for not knowing what they need to do.
- [09:23]
Kimberly Atkins Store
It gives you such peace of mind and the whole house runs so much more smoothly you wonder how you ever used to manage without it. One of my favorite things about it is how much easier it makes it to see when we have finally got some time off together so that we can plan something fun. You know, it makes everything so much easier compared to juggling everyone's availability across, you know, phone calls and texts. And you know, you always miss something. You never really realize how many important things used to slip through the cracks until you get everyone using Skylight.
- [09:56]
Jill Wine Banks
And your happiness is Skylight's happiness. So if in four months you are not 100% thrilled with your purchase, you can return it for a full refund, no questions asked. Families are better when they're working together and right now Skylight's offering our listeners $30 off their 15 inch calendar by going to myskylight.com sisters go to myskylight.com sisters for $30 off your 15 inch calendar. That's my S K Y L I g h t.com sisters and the link is also in our show Notes.
- [10:46]
Kimberly Atkins Store
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- [11:21]
Jill Wine Banks
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- [11:49]
Kimberly Atkins Store
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- [12:40]
Jill Wine Banks
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- [13:40]
Kimberly Atkins Store
Our next audio question comes from Kathy in Zionsville, Illinois.
- [13:45]
Kathy (Listener)
This is Kathy. I absolutely love Sisters in Law. As we head into the 250th anniversary of the Declaration of Independence, I am not feeling celebratory. I am feeling sad, embarrassed, and more than a little fearful. Honestly, I wonder if we're focused on the wrong anniversary. The Declaration in 1776 gave us the vision like all men are created equal, and we all know how that has turned out. But the constitution, signed in 1787, created the government and the rules that were supposed to help us live up to those ideals. So here's my Should 2026 be less about celebrating 1776 and more about starting a national conversation about the Constitution? Looking ahead to the Constitution's 250th anniversary in 2037, what do you think all Americans should be doing now to strengthen, protect and our democracy so that we're able to meet our aspirations for all those who make their home in this country? Thanks for all you do. You inspire me every week.
- [14:46]
Jill Wine Banks
Thank you, fellow Illinoisian. That is a great and complex question. I would say that yes, we should be talking about the Constitution. It would be wonderful if we had some education starting in high school, maybe starting in grade school. I think we need to know more about it and understand what the risks are. And you point out that our 250th anniversary of the Constitution is still ahead a few years forward, and maybe we can start that conversation now. But certainly the 250th birthday that we are now celebrating shouldn't be the president's birthday. That's not what this is about. That's not what the country is about. And your question about what can Americans do to strengthen our democracy and improve it? I wish Barb were here this week to answer because she's written a wonderful book called the Fix, which talks about the problems we have, but also the solutions. We've talked today already. Kim pointed out that we need to elect people of character. That's one thing we can do is to start paying more attention to the character of people. And yes, I know we don't always have a choice between someone who is of good character and someone who isn't, or that someone who has good character reflects absolutely the wrong values or policies than ours. So it's not a perfect world. But character does matter. And if we elect better people who will stand up for democracy, that is a really important thing. The other thing is all citizens need to be informed and involved. You need to know what's at stake here, not just at the presidential or senatorial or even congressional level, but at your state level, governor, legislature, your county clerk, everything matters. So please be informed and then get involved. Whether it's either making sure that people get registered, making sure that people get the right to vote, making sure that the voting goes smoothly by helping on the day of an election. These are all ways that all citizens can get involved. Here's a question from Lily. When is an online threat actionable? Is it different for members of Congress and government versus the public?
- [17:17]
Kimberly Atkins Store
Yeah, so that's a really good question. The Supreme Court set the standard of what constitutes what is known as a true, true threat in a case called Counterman v. Colorado. And in that, the standard is that for something to be considered a threat, it has to be objectively thought of as a substantial risk, a serious expression of intent to commit unlawful violence against someone. There is not a distinction in that case between public figures and private figures. But it has to. It's a higher standard. It's something akin to recklessness as opposed to just mere negligence. It just saying something, quoting the lyrics of a song, for example, or doing something else that someone the receiver perceives as a threat isn't enough. It has to be an objective standard that a reasonable person who sees that would see that as a threat online. I don't know if you're asking this with respect to the charges against Jim Comey, for example, who posted on Instagram that 8647 in seashells. It's worth noting, as we laid out in our earlier episode of Sisters in Law, that traditionally, up until Donald Trump interpreted that term in his pleadings as being a threat to his life, most people didn't think about 86 in that way. They think about it in terms of removing something like, you know, it's, it's a restaurant term. When a menu item is unavailable, they 86 it from the menu. So I always thought about it is, you know, if, if we want to, if I was not going to write a story, i86 that story. It was not a reference to murder. It was a murder. It was a reference to removing that from it. So I personally, if, if it was referring to a president, I would think that it would mean not electing him or impeaching him or something like that. Removing him from office, Removing him, not killing him. But for example, just this past week, there was a ginormous 8647 etched into the National Mall in a way that I don't think we know, at least at the time of this taping. We don't know how they did that. But I may say, okay, who, if someone is found to have done that, that may be different because we already have this Comey case that is out and well known and that we know the president considers it that way. Will that change the thought of it? I don't know. The person bringing that, the government bringing that would have to prove that. Since the Comey case, at least people now understand that phrase to mean something different. I still think that it will be hard, but it's a very high standard and you have to prove objectively reasonable person, anyone would consider it a threat.
- [20:05]
Jill Wine Banks
Kim, another Barbara asked question. This one is from Seattle, Washington. She wants to know, as President Trump continues to investigate his enemies and file suits against them, why is this being handled by the DOJ and not his personal attorneys at his own expense instead of ours?
- [20:24]
Kimberly Atkins Store
That's a very good question, Barbara. So these suits are being brought by the government alleging criminal activity against these people who are also, coincidentally, people that Trump views as political enemies. A private person could, well, I guess they could file a criminal complaint, but that's very different than the government. You can press charges against somebody, you know, if they hit your car or something like that. That's really the only way that a private citizen can sort of get a criminal action going or allege something against someone. This is very different. This is the Department of Justice alleging that people have done things like commit mortgage Fraud that begins in a U.S. attorney's office that does not begin as some sort of private case that you would h attorney to try to bring. Usually those cases are civil cases that are disputes between people, and that's what makes things so dangerous. These are clearly personal vendettas. But Donald Trump as president has enlisted a Justice Department to actually carry out his personal vendetta with the taxpayers money, with the imprimatur of the federal government. It is not Trump fee these people. It is the US V. These people. And that's exactly what your. Your question really gets to the heart of what's wrong with this? This should not be happening at. There was a time that there was a wall between the White House and decisions to prosecute out of the Justice Department because the Justice Department is responsible for investigating all federal crimes that happen, even if the crimes are taking place in the White House. Jose, that better than anyone. So the fact that that wall has been torn down, that's where we talk about weaponization. And one thing we know about Donald Trump, he definitely is a projector. So the things that he is rightfully accused of doing is what he accuses other people of doing. That's why he's up with this weaponization fund. Like something's being done to him. No, that's what you're doing. Basically. If you wanna know what Donald Trump is doing, look at what he accuses other people of doing. That's exactly what he's doing. He's a perfect projectionist. So, yeah, this shouldn't be happening. And that's why he's not paying for it himself. If he has a personal beef with somebody personal and there's a legal underlying issue, he should be hiring a lawyer to do it. But instead he's put his personal lawyer up for nomination to be the next Attorney General. You should maybe let your senators know that you don't want that person to be confirmed. Thank you for listening to Sister Sidebar with Jill Winebank and me, Kimberly Atkins Store. Keep sending those questions in. We love answering them. That's why we have the second podcast. And definitely send us voice notes so that we can hear your voice. We love hearing from our listeners and we can't always be there in public in live shows. So this is kind of a way to bring the live show in to us every week. So keep doing that. And please show some love to our sponsors this week, Skylight Calendar and IQ Bar. They are the reason we're able to bring these podcasts to you on the platform that you're listening to right now and we want to keep being able to do that. So please keep showing us love. Don't forget to give us a five star review wherever you listen to your pods because that helps other people find us and that helps us also to be able to keep bringing this to you. And don't forget to pick up some merch from our store Some Sisters in lawmerch@politicon.com merch and thank you again for joining us. Stay with us every Wednesday and Saturday where you get your pods for Sisters in Law and Sisters. Sidebar.
- [24:19]
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