The Lawfare Podcast: Benjamin Wittes and Alan Rozenshtein on Thompson v. Trump, Presidential Immunity and the First Amendment

By Jen Patja Howell
Wednesday, January 12, 2022, 5:01 AM

On Monday, January 10, a federal district court in DC heard oral argument in Thompson v. Trump. The case considers civil claims against Donald Trump and others for their roles in the Jan. 6 Capitol insurrection. It raises a number of complicated legal issues, including whether Trump is immune from these kinds of claims, whether it's possible to establish a conspiracy among the perpetrators of the attack, and how the First Amendment factors into all of this.

Natalie Orpett sat down with Lawfare editor-in-chief Benjamin Wittes and Lawfare senior editor Alan Rozenshtein to discuss the state of the law, the main challenges for each side and what we can garner from Monday’s five-hour proceedings.