Former U.S. Attorney Jim Santelle: ‘Court Lets the President Do What He Wants’

It seems everything is in the courts these days. And former U.S. Attorney Jim Santelle calls it a “bucket of absolutely crazy.” Santelle joins John and Gordy, hosts of John and Gordy in the Morning, to help make sense of it all, including why he believes the court lets the president do what he wants. Santelle spent decades in federal litigation and starts by discussing Donald Trump’s reported $230 million request in damages from the Justice Department for “past prosecutions.” He says there’s no legal process that would allow such a payout.

“You don’t just stand up and say, ‘I didn’t like how the government treated me, so I’m asking for $230 million,’” Santelle explains. “That’s not how this works—not even for a former president.”

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Listen to the complete discussion starting at the halfway point here:

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The conversation turns to a pair of federal court cases. There’s one in Oregon and one in Chicago offering contradictory rulings on Trump’s authority to deploy federal forces in cities under the guise of stopping “rebellions.” Santelle shares that the protests in Portland or Chicago amount to insurrection is “simply not true.” And he warns rulings related to that idea could justify dangerous expansions of executive power.

“Maybe (Chief Justice) John Roberts thinks throwing sticks and stones is a rebellion,” Santelle says. “If so, we have to ask what his perception of American history really is.”

Santelle also warns the Supreme Court’s new term could reshape American democracy. There are cases threatening the Voting Rights Act, local election control, and long-standing limits on presidential power.

“We’re watching the systematic undoing of what was achieved in the 1960s civil rights movement,” Santelle says.

And on a lighter note, Santelle describes a “niche protest sign” at a recent Madison rally. “Defend Humphrey’s Executive” is in reference to a 90-year-old precedent limiting presidential firing powers. 

But his humor underscores a grim point.

“The crunching away of the East Wing,” Santelle shares, “is the visual embodiment of what’s going on in America today. The destruction of our institutions, bit by bit, hour by hour.”

Listeners can hear Jim Santelle every Saturday morning from 9 to 11 a.m. with Amicus: A Law Review across the Civic Media radio network. You can also watch the show here: