Opening Arguments

Most criminal defendants can’t kill 346 people and expect to get off with a light fine and three years of probation, but most criminal defendants are not The Boeing Company. In today’s show, we examine the differences between different kinds of pretrial diversion agreements and why the best ones are reserved for ultra-wealthy defendants like Boeing and Jeffrey Epstein.

We then take a closer look at the DOJ’s routine use of deferred prosecution agreements to help our nation’s most valued citizens (corporations) avoid the unpleasant inconvenience of facing actual consequences of their actions (killing people), with a special focus on the NPA which recently resolved Boeing’s recent deadly fraud involving its 737 MAX.

1. Boeing Deferred Prosecution Agreement (1/7/2021)
2. “Nosedive: Boeing and the Corruption of the Deferred Prosecution Agreement,” Prof. John C. Coffee (6/6/2022)
3. “Why Boeing pilot Forkner was acquitted in the 737 MAX prosecution,”| The Seattle Times (3/25/22)
4. “Blowing the Door Off Boeing’s ‘Epstein Deal’” – The American Prospect (2/9/24)
5. Fifth Circuit order dated 12/15/23 from In re Ryan et al confirming that courts have no authority to review a DPA and that families will have to wait to oppose any future motion to dismiss

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Episode 1018 – GOOD NEWS EPISODE!

It’s positive vibes only as we celebrate the impending disbarment of MAGA law toadies John Eastman and Jeffrey Clark, the first but-actually-for-real-this-time Trump trial date, and some extremely real threats to your favorite President’s sacred First Amendment rights to lie to the public and terrorize the families of court personnel.

In more good news, the Supreme Court couldn’t seem to find an actual excuse to ban medical abortions this week–or even find anyone who could even claim to have been in the same ZIP code as someone harmed by mifepristone–so we take a good look for ourselves and don’t find too much to worry about. 

One more bit of good news: Matt wants to give you a job! (Inquire within.) 

1. John Eastman’s two-page proposal to overturn the results of the 2020 Presidential election

2. Judge Yvette Roland’s full 126-page decision to the CA Supreme Court recommending John Eastman’s disbarment (March 27, 2024)

3. Judge Merchan’s gag order (3/26/24)

4. Trump’s motion to dismiss GA charges on 1st Amendment grounds (12/23/2024)

5. Transcript of oral arguments in FDA v. Alliance for Hippocratic Medicine (March 26, 2024) 

6. Federal judge Matthew Kacsmaryk’s  mifepristone ruling (April 7, 2023)

7. Application of Comstock Act to Drugs That Can Be Used for Abortion (USPS General Counsel)(12/23/2022)

8) 18 U.S. Code § 1461 – Mailing obscene or crime-inciting matter (Comstock Act)

 

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Episode 1017

He had a plea agreement with the government which he thought would get him 8-14 months. He ended up with 5 years. What happened? Also, was this Democrats’ version of January 6th Casey joins this week to help to answer an OA patron’s question about the plea agreement reached in the prosecution of former IRS contractor Charles Littlejohn for leaking records of Donald Trump, Rick Scott, Elon Musk, and a tragically high number of other innocent and blameless billionaires who are simply far too important to have to pay their taxes.

We then review the unique role of plea bargaining in U.S. law and exactly how these agreements are reached and play out in court. Did you know that approximately 98% of all federal criminal charges are resolved in a way which is portrayed in approximately 0% of law-related movies and TV show? 

1. “The Secret IRS Files: Trove of Never-Before-Seen Records Reveal How the Wealthiest Avoid Income Tax,” Propublica (6/8/2021)

2. “How These Ultrawealthy Politicians Avoided Paying Taxes,”  Propublica (11/4/2021)

3. “Trump’s Taxes Show Chronic Losses and Years of Income Tax Avoidance,” NYT (9/27/2020)

4. “Most criminal cases end in plea bargains, new study finds,” NPR (2/22/2023)

5. Boykin v. Alabama :: 395 U.S. 238 (1969)

6. Padilla v. Kentucky :: 559 U.S. 356 (2010)

 

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Who is Aileen Cannon? Why is Aileen Cannon? We answer these important questions and many more in this brief review of the incomprehensible jurisprudence of the best federal judge in Fort Pierce, Florida.

1. Aileen Cannon’s Senate Judiciary Committee nomination questionnaire

2. Map of federal Southern District of Florida 

3. Democratic questioning at Aileen Cannon’s group confirmation hearing

4. Judge Cannon’s Order on Plaintiff’s Motion for Judicial Oversight and Additional Relief (9/5/22)

5. 11th Circuit’s reversal of Cannon’s 9/5/22 order re: 100 classified documents (9/21/22)

6. 11th Circuit’s reversal of Cannon’s equitable jurisdiction ruling (12/1/22)

7. Jack Smith’s Motion for Reconsideration & Stay (2/8/24)

8. Government’s Opposition to Motion for Additional Time to File Certain Motions (2/8/24)

9. Judge Cannon’s order denying Trump’s motion to dismiss on vagueness grounds (without prejudice)(3/14/24)

10. Relevant portion of the Espionage Act

11. Judge Cannon’s weird order demanding that the parties engage in a fantasy thought experiment about law that doesn’t exist (3/18/24)

Episode 1015 Part 2 of Azul’s story

Folks… I implore you. I beg of you, please listen to this one all the way through. Azul tells us the rest of her story, and talks about where she is now, and it is one of if not the most inspiring, heartwarming things I have ever had the privilege of publishing. Seriously. And please share it. Another massive thanks to Azul, and to Matt, who we are so incredibly lucky to have on the show.

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