OA390: Trump’s War on Twitter (A Deep Dive on Section 230)

Today’s episode breaks down the latest temper tantrum and accompanying executive order by our game show host president attacking social media platforms for having the temerity to engage in fact-checking. You’re going to be hearing a lot about “Section 230” — so we’re here to tell you exactly what that means, what Trump is trying to do, and why it matters.

We begin, however, with a pretty straightforward Andrew Was Right now that Tulsi Gabbard has voluntarily dismissed her defamation lawsuit against Hillary Clinton that we covered back in Episode 354 (“A Russian Asset Sues What?”).

Then it’s time for our deep dive into CompuServe, Prodigy, section 230 of the Telecommunications Decency Act of 1996, 47 U.S.C. § 230 — which ended internet porn forever — and what all of that has to do with Trump’s latest tantrum over being fact-checked on Twitter. You won’t want to miss it!

After that, it’s time for an update on the amicus brief we’re filing in the Flynn case. We tell you what Flynn’s best case is, and walk through how it does and does not inform Judge Sullivan’s discretion under Rule 48(a).

And then, of course, we end with an all-new Thomas Takes the Bar Exam involving a fire at one warehouse spreading to another. If you want to play along, just share out this episode on social media using the hashtag #T3BE and we might pick you as next week’s winner!

Patreon Bonuses

We’ve got an all-new Live Q&A scheduled for Sunday, May 31 at 7 pm Eastern / 4 pm Pacific, and Patrons can click here to suggest questions and vote on the ones they want answered. Also remember that Patrons can give their input on the OA Amicus Brief!

Appearances

Andrew was just a guest on the latest episode of The Daily Beans. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Tulsi links: (a) click here for the news that Tulsi Gabbard has voluntarily dismissed her lawsuit; (b) here to read the original defamation lawsuit against Hillary Clinton; (c) the Time magazine story on how strong a case Tulsi Gabbard had; and (d) be sure to listen to our coverage of this from Episode 354 (“A Russian Asset Sues What?”).
  2. Trump links: (a) click here for the fact-check on Trump; (b) here is the text of 47 U.S.C. § 230; (c) for the draft of the Executive Order, check out Page 1, Page 2, Page 3, Page 4, Page 5, and Page 6.
  3. OA brief: Click here to read U.S. v Fokker Svcs. BV, 818 F.3d 733 (D.C. Cir. 2016).

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA389: #Obamagate (w/guest AG!)

Today’s episode brings back AG of the Mueller She Wrote and Daily Beans podcasts to help delve in to all the craziness that is #Obamagate. And, as a bonus, we also discuss the five Inspectors General fired by Trump and what they were investigating. You won’t want to miss this special episode!

As it turns out, #Obamagate is nonsense. Who knew?

After the hour-long interview, it’s time to revisit #T3BE, in which Thomas decided the issue was hearsay, not spousal privilege. Did he get the answer correct? Listen and find out!

Patreon Bonuses

Patrons can give their input on the OA Amicus Brief!

Appearances

Andrew was just a guest host on Episode 123 of the Skepticrat, discussing some of these same issues. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Check out this story on Steve Linick, the AG investigating Mike Pompeo.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA388: Reinstating the Rule of Law

Today’s episode checks in on all the latest goings-on in the Trump administration that probably don’t violate the law but do undermine the norms of 200+ years of government, from firing Inspectors General that are potentially interested in government accountability to the DOJ’s refusal to turn over the unredacted Mueller Report to the House Judiciary Committee to the collusion between Bob Barr and Michael Flynn. You won’t want to miss it.

We begin with some pre-show news about Cory Wilson, the latest completely insane, hyper-partisan (and 49-year-old) Trump nominee for the U.S. Court of Appeals.

From there, we take a deep dive into the Inspector General Act of 1978, 5a U.S.C. § 3, and the legal protections for IGs (or lack thereof).

After that, it’s time to check in on the latest order by the Supreme Court staying the production of the unredacted Mueller Report to the House Judiciary Committee. We explain exactly what that means and when, if ever, you should start panicking.

Then, it’s time for an update on the Flynn case where we’re filing The Opening Arguments Amicus Brief! Also, we check in on a truly terrible Sidney Powell filing seeking mandamus from the D.C. Circuit.

After all that, it’s time for a brand-new #T3BE about a man, his yacht, and insurance fraud — in which Thomas tries to figure out if the issue is privilege, hearsay, or something else entirely.

Patreon Bonuses

Patrons can give their input on the OA Amicus Brief! And if you missed our live Q&A, you can check out the audio here!

Appearances

Andrew was just a guest on the latest episode of the Daily Beans podcast! And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Cory Wilson was rated a tepid “Qualified” by the ABA his first-go-round; that got upgraded to “mostly Well-Qualified” when he was renominated.
  2. Check out the Inspector General Act of 1978, 5a U.S.C. § 3.
  3. This is the Supreme Court order staying the production of the unredacted Mueller Report. Here’s the petition for mandamus, and the opposition by the House of Representatives.
  4. We last covered the Flynn case in Episode 386. Click here to read the 4th Circuit’s mandamus opinion in In re Flynn. And click here to check out the late-breaking order from the 4th Circuit requiring additional briefing from Judge Sullivan.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA387: You Pay the Priest (w/Andrew Seidel)

Today’s episode features an interview with one of our favorite recurring guests, Andrew Seidel, who returns to warn us of new regulations pursuant to the CARES Act that are permitting churches to take PPP money. Yes, that means your tax dollars are literally paying the salaries of ministers, priests, imams, and the like.

We also discuss what just happened in Wisconsin, where the Supreme Court invalidated Gov. Evers’s stay-at-home order. Is it bad? Listen and find out! (Yes.)

After that, it’s time for the answer to #T3BE about when & where double jeopardy attaches.

Patreon Bonuses

Patrons can give their input on the OA Amicus Brief! And if you missed our live Q&A, you can check out the audio here!

Appearances

None! If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. If you missed Andrew Seidel’s last appearance in Episode 376, go check it out!

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA386: The Opening Arguments Amicus Brief!

Today’s episode marks a milestone for the show: we’re going to file an amicus curiae brief in the Michael Flynn case. Find out exactly how & why we’re doing this!

We begin, however, with a brief update in the various emoluments cases, including an update on the two orders released this morning by the 4th Circuit en banc.

After that it’s time to dig into all the developments in the Flynn litigation that will lead to the filing of Opening Arguments’ first amicus brief!

Then, it’s time for #T3BE, featuring next week’s guest, Andrew Seidel!

Patreon Bonuses

If you missed our live Q&A, you can check out the audio here!

Appearances

None! If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. The last time we broke down the emoluments clause cases was in Episode 361. You can check out the two orders released this morning by the 4th Circuit en banc (the first one is the lengthy discussion).
  2. Flynn docs: the DOJ’s Motion to Dismiss; the Notice of Intent to file amicus by the Watergate Prosecutors, as well as the 9th Circuit’s Opinion in U.S. v. Hector.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA385: Reality Check! (w/Allison Gill)

Today’s episode features an in-depth interview with Allison Gill of American Atheists regarding the just-released survey Reality Check, which interviews more than 34,000 nonreligious individuals, gathering data as a precursor to support specific arguments with lawmakers in terms of lobbying for recognizing atheist constituents. You won’t want to miss it!

We begin, however, with a bit more in-depth analysis about the nonjusticiability doctrine and how it might affect the Supreme Court’s decision in the Mazars and Deutsche Bank subpoena cases — which are being heard today by the Supreme Court!

Then, it’s time for our in-depth interview with Allison where we talk about discrimination against atheists, including a deep dive into the actual research that shows how atheists are treated in society — even among educated peers.

After all that, it’s time for the answer to #T3BE 177 involving a noxious factory next to a residence and mini-golf. Can Thomas keep up his winning streak? There’s only one way to find out!



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OA384: Bridgegate Apparently Was Fine

Today’s episode updates you on all the recent goings-on at the Supreme Court, including the advent of new, social-distancing-approved oral arguments, the Court’s calendar, and today’s 9-0 reversal in Kelly v. U.S., the Bridgegate case. Oh, and while we’re at it, we also take on two lengthy Andrew Was (Sort of) Wrong segments! Phew!

We begin with a discussion of the new procedures for SCOTUS oral arguments, and give an apology to Clarence Thomas, who’s now engaged and asking questions after decades of silence on the bench. After that, it’s time to take a look at the SCOTUS calendar where we check out some suspicious timing regarding the non-release of the Title VII cases as well as 10 pending gun control cert petitions.

Then, it’s time for a deep dive into Kelly v. U.S., which we last covered in Episode 232. Andrew thought the 3rd Circuit’s analysis of “property” was plausible in that episode… and just got reversed 9-0 by a unanimous Supreme Court. Whoops!

As long as Andrew Was Wrong, how about we check back in on Andrew Yang’s lawsuit against the DNC, in which Yang (despite “not having a great case,” according to Andrew in Episode 382) nevertheless managed to secure an injunction from the Southern District of New York. Find out where this case is headed, what’s next, and why Andrew is STILL right, sort of….

Finally, Andrew Was… not wrong, exactly, but Flabbergasted that the American Bar Association reversed itself, finding Justin Walker “Well Qualified” for serving on the U.S. Court of Appeals for the D.C. Circuit. Andrew, on the other hand, continues to rate Walker “Not Qualified,” as per Episode 289.

After all that, it’s time for a brand-new #T3BE involving a nuisance plant next to a mini-golf park. Will Thomas’s winning streak continue?

Patreon Bonuses

If you missed our live Q&A, you can check out the audio here!

Appearances

Andrew was just a guest on Episode 204 of The Daily Beans, talking justiciability. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Click here to read the Supreme Court’s opinion in Kelly v. U.S., and here to listen to our coverage of the Third Circuit’s opinion in Episode 232.
  2. Check out the district court’s injunction in favor of Andrew Yang reinstating the New York Democratic primary.
  3. You can check out the ABA’s “Not Qualified” ranking of Walker in 2019 and match it against their new “Well Qualified” letter here. For more on why you should #OpposeJustinWalker, check out Episode 289.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA383: Trump’s Taxes & The CARES Act (Or: Why Your Vote Matters)

Today’s episode checks back in with the status of the consolidated cases pending before the Supreme Court regarding Trump’s tax returns. As it turns out, this overlaps pretty strongly with the show’s “B” segment about the potential for abuse in the CARES Act.

We begin with a colossal “Andrew Was Wrong” — in which Andrew optimistically predicted we’d see Trump’s tax returns in 2019. That… turned out not to be the case. So what are the odds that we’ll see Trump’s taxes before the November elections? Listen and find out!

After that, it’s time for another semi-deep-dive, and this time we’re checking back in with the just-passed CARES Act as Andrew talks about a provision we missed the first time around that has the potential to… well, you’ll just have to listen and find out!

Then, it’s time for the answer to #T3BE 176 involving burning a copy of the IRS Code. Is it illegal? If so, why?

Patreon Bonuses

If you missed our live Q&A, you can check out the audio here!

Appearances

Andrew was just a guest on Episode 121 of the Skepticrat, talking about the abuse of the Paycheck Protection Program and other crazy legal stories in the news. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Click here to read the letter sent by Liz Warren & other Democratic Senators to Deutsche Bank.
  2. Our comprehensive overview of the CARES Act was in Episode 372, and you can read the final CARES Act here.
  3. The Sunshine Act is 5 U.S.C. § 552b.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA382: Bernie Sanders Was Right! (The DNC & Payday Lenders)

Today’s episode takes two deep dives — first, into New York’s cancellation of its Democratic Presidential Primary, and second, into the Paycheck Protection Program (PPP) and efforts by scumbag payday lenders to take your tax dollars despite being parasites.

We begin with a thorough examination of the DNC’s Delegate Selection Rules and the Call For Convention Rules and figure out whether Bernie Sanders can get to 25% — and why that matters. Learn why Andrew Yang’s lawsuit omits what Andrew thinks is the best argument — Rule 11.C — and exactly how it comes into play in terms of the candidates’ delegate count. We end with some optimism and a bold prediction by Andrew about the Biden campaign!

After that, it’s time for a deep dive into a provision of the CARES Act that we didn’t cover back in Episode 372, namely, the Paycheck Protection Program. How does it operate? And how are payday lenders operating on two fronts to try and take advantage of it? Listen and find out!

Then, it’s time for an all-new #T3BE about a libertarian tax protestor who sets fire to the Internal Revenue Code inside a government building. (We can’t make this stuff up.)

Patreon Bonuses

Our next LIVE Q&A is scheduled for Friday, May 1, at 8 pm Eastern / 5 pm Pacific, and you can post and vote on which questions you want to see answered! And don’t forget that we’ve released Law’d Awful Movies #39, Class Action, starring Gene Hackman and Mary Elizabeth Mastrantonio, and featuring guest performer Matt Donnelly of the Ice Cream Social podcast!

Appearances

Andrew was just a guest on Episode 121 of the Skepticrat, talking about the abuse of the Paycheck Protection Program and other crazy legal stories in the news. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Click here to read Andrew Yang’s lawsuit against the DNC; here for the Delegate Selection Rules; and here for the Call For Convention Rules.
  2. This is the April 17, 2020 AP article suggesting that Biden may let Sanders keep his statewide delegates.
  3. Latest news regarding payday lenders: this April 29, 2020 New York Times article suggesting the fix was in at Trump’s CFPB, and former CFPB member Jonathan Lanning’s blockbuster 17-page email documenting the corruption.
  4. Here’s the list of SBA Section 7(a) lenders, and this is the relevant regulation, 13 CFR § 120.110(b).

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA381: The Legal Eagle Interview!

Today’s episode… was supposed to have two bookend segments and legal analysis, but we wound up having so much fun talking to Devin Stone, the Legal Eagle himself about nontraditional careers in the law, Tiger King and Better Call Saul, and so much more!

After that, it’s time for the answer to the first Thomas and Devin Take The Bar Exam in which it was literally Hammer Time for two friends watching football. Did Thomas and Devin get it right or wrong? Listen and find out!

Patreon Bonuses

Our next LIVE Q&A is scheduled for Friday, May 1, at 8 pm Eastern / 5 pm Pacific, and you can post and vote on which questions you want to see answered! And don’t forget that we’ve released Law’d Awful Movies #39, Class Action, starring Gene Hackman and Mary Elizabeth Mastrantonio, and featuring guest performer Matt Donnelly of the Ice Cream Social podcast!

Appearances

Andrew was just a guest on Episode 121 of the Skepticrat, talking crazy legal stories in the news, and Episode 375 of the Scathing Atheist, breaking down the latest legal nonsense from Kansas. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Don’t forget to check out the Legal Eagle YouTube channel.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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