Transcript of OA360: The Tuesday Afternoon Massacre

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 360.  Oh!  Nice number.  Good old 360. 

Andrew:         Yeah, the Babylonian year, right?

Thomas:         Sure. Yeah.

Andrew:         [Laughs]

Thomas:         I was just gonna say it’s like when I was a kid and you’d just try to jump and spin around in a full circle and be like “360!”  But yeah, you’re-

Andrew:         Oh, yeah!

Thomas:         Your reference too, exactly!

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OA361: DC Sides with Trump in Emoluments Case?

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Today’s episode features a quick Andrew was… something segment about the ERA. Then we talk about the recent ruling in an emoluments case against Trump. Was it devastating or was it expected? Listen and find out! Then we tackle some great listener questions at the end.

Appearances

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

-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

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



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OA360: The Tuesday Afternoon Massacre

Today’s episode covers the “Tuesday Afternoon Massacre,” in which Donald Trump’s tweets prompted his sycophantic Attorney General, William Barr, to overrule career prosecutors and file a “Supplemental and Amended Sentencing Memorandum” reversing the government’s position from literally the day before in order to urge leniency on convicted criminal Roger Stone.

We begin, however, with a less-than-exhaustive (but exhausting) recitation of the various ways Trump has abused his power — and yes, committed crimes — in the mere eight days since he was acquitted during impeachment. From firing Lt. Col. Vindman to placing Barr in charge of all future “political investigations,” Trump is consolidating his now-seemingly limitless power to run the U.S. government as his private fiefdom, with no consequences whatsoever.

Then it’s time for our main segment, where we explain just how corrupt the “Supplemental and Amended Sentencing Memorandum” really is. Along the way, we explain Pre-Sentencing Reports (PSRs), the Federal Sentencing Guidelines, and much, much more!

After all that, it’s time for a brand-new #T3BE that starts off as a question about hearsay before the curveball takes us down the question of witness impeachment. How will Thomas do? There’s only one way to find out! And remember that you can play along — just share out this episode on social media using the hashtag #T3BE and we’ll pick a winner!

Appearances

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

Show Notes & Links

  1. You can check out the Barr memorandum on “political investigations” by clicking here, and Lindsey Graham’s confession here.
  2. Firing Lt. Col. Vindman is very clearly a violation of 18 U.S.C. § 1513(e).
  3. We referenced Manafort’s nonsense “solitary confinement” claim that was refuted by the DOJ itself a year and a half ago in this filing.
  4. You can click here to read the DOJ’s initial sentencing memo, and click here to read the “Supplemental and Amended” memorandum filed the next day.

-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

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



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Transcript of OA359: The Equal Rights Amendment (ERA) & Baseball Law!

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Topics of Discussion:

Thomas:         Hey listeners, I’ve got a really exciting announcement!  Opening Arguments is now on YouTube.  We’ve made our first video on the Opening Arguments YouTube channel and it was a lot of fun.  The idea just really quickly is to try to use some humor and maybe potentially some viral aspects to try to gain some attention, to draw people to the show, maybe reach a new audience because I for one firmly believe that Andrew is just teaching us so much here and I wanna spread the word, I wanna get more people engaged so the way we’re trying to do that is to branch out, reach some people on YouTube. 

We would love your help to share the video if you enjoy it and get more people.  Subscribe to the channel, anything that kind of boosts the YouTube channel.  The link will be in the show notes, I hope you like the video.  If you’d like to just go to the channel it’s youtube.com/c/openingarguments.  Either way, thank you so much, I hope you check it out and I hope you like it, and now on with the show!

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OA359: The Equal Rights Amendment (ERA) & Baseball Law!

Make sure to check out our YouTube video and subscribe to the channel! https://www.youtube.com/watch?v=Jh69ZSnZzc4&t=1s

Today’s EXTRA LONG episode breaks down the recent ratification of the Equal Rights Amendment (ERA) by the State of Virginia. Since that’s the 38th state (more than 3/4ths of the states), and the ERA also passed the Senate and the House of Representatives by more than 2/3 margin… does that mean that the ERA is now part of the Constitution? Listen and find out!

We begin by diving right in to the ERA, starting with a lengthy deep dive into the history of the Amendment dating back to the early 1970s… which might make you nostalgic for the Republicans of old.

Then, we talk about the complicated issues underlying the passage of the ERA, including the strange case of the 27th Amendment which lay dormant for two centuries before getting ratified by 3/4ths of the states in 1992. And if the 27th Amendment can lay dormant for more than 200 years, why can’t the ERA? Well… we’ll tell you some of the reasons why (and why not).

After that, it’s time to break down the Houston Astros cheating scandal, where we talk about our listeners’ favorite topic: baseball law! Even if you’re not a fan of baseball, we think you’ll enjoy our breakdown.

And after all that, it’s time for the answer to #T3BE 165 involving jury instructions. Can Thomas keep his winning streak going?? There’s only one way to find out!

Appearances

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

Show Notes & Links

  1. To catch up: We discussed Amendment 27 way back in Episode 11, and the Munsingwear doctrine in Episode 181.
  2. The Supreme Court last weighed in on the Equal Rights Amendment in 1982. The two cases we discuss in context are Dillon v. Gloss, 256 U.S. 368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939).
  3. Baseball law references: Check out the story in the Athletic quoting Mike Fiers that started it all; this CBS article on how Tyler Glasnow “was tipping his pitches”; the results of the MLB investigation; and the MLB Constitution.

-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

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



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Transcript of OA358: Can Trump Block New Yorkers From Global Entry? (No.)

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 358.  I’m Thomas Smith, that over there is P. Andrew Torrez, esquire.  How’re you doing Andrew?

Andrew:         [Laughing] I am doing fantastic!  Did you see, one of our listeners sent P. Andrew Torus with the donut shape on social media?

Thomas:         Yeah!

Andrew:         You know, as long as we’re continuing to add plays on my last name.

Thomas:         It’s hard to compete with your cow name, though, P. Andrew Taurus.

Andrew:         Oh, no, obviously that’s the best.  Shout out to Del.

Thomas:         Because you moo the noodle! [Laughs] You moo the noodle, so we can’t.

Andrew:         [Laughs]  

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Transcript of OA357: OK, WTF Iowa?

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments.  Don’t adjust that dial! 

Andrew:         [Laughs]  

Thomas:         We are here early!  It’s episode 357.  I’m Thomas Smith, that’s Andrew Torrez, how’re you doing, Andrew/

Andrew:         Well I would say I’m doing fantastic but, uh, apparently the entire Democratic Party has lost its goddamn mind so, no, not doing fantastic!  How are you?

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Transcript of OA356: The Future of Flynn (w/guest Marcy Wheeler)

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Topics of Discussion:

Andrew:         Hey everybody, I just wanted to tell you how proud Thomas and I are of our listeners.  At least hundreds, possibly thousands of you, made the effort to call your Senators and tell them that you wanted to hear from witnesses during the impeachment trial.  Obviously that vote came Friday night after we recorded this show and we lost 51 to 49.  That sucks, and there is no spin that I can put on that, but I do want to share something that Erica Goddard wrote in our Facebook community that really helped me, helped remind us of our mission with this show.

She says:  “You told us after the 2018 elections why we had cause to be proud of the results. We fight the holding actions, we get to November 2020, we keep the momentum of 2018 going.

Tonight, we mourn, but Tomorrow, we look for the next holding action, the one that helps us get to November.  We build an America we can be proud of again.

When you despair, remember this community you have brought together. Remember those you have helped teach.  The legal profession will feel the impact of your work as those studying law in this group pass the Bar and move forward. Other professions will feel the impact of a better educated populous who understand the world and the law.”

Thank you Erica!  Please do, folks have continued to share in the Facebook group, on Twitter, elsewhere, send us an email if you’re not a part of either of those groups and tell us when you go to law school, when you graduate, when you pass the bar, when you get your jobs.  We love those stories and I promise that we’ll continue to do what Erica said.  We are looking for new and creative ways to try and keep breaking down the law for you, and as the other side tries to break our institutions we will keep standing up for them.  Even when the answers aren’t what we want to hear, I do still believe we make the world a little bit better every time we make it a little better educated. 

So we have an example of that today, we’ve got a great interview with journalist Marcy Wheeler, that’s about the Michaele Flynn case, it’s about the state of the DOJ and her belief that people will face consequences.  We’re gonna continue to break down the law and identify what we need to do in order to move forward.

Thanks again, thanks to all of you, we’re gonna help continue to fight on.

Continue reading “Transcript of OA356: The Future of Flynn (w/guest Marcy Wheeler)”

OA358: Can Trump Block New Yorkers From Global Entry? (No.)

Today’s episode takes place in the aftermath of the Trump impeachment sham. We take a minute to heap praise on Sen. Mitt Romney, who had the courage of his convictions, before delving into the obvious fact that this president is now empowered to seek revenge on his enemies, starting with the State of New York. Can he really prevent New Yorkers from using Global Entry?

Before that, we have to cover the latest in faux outrage, in which America’s Dumbest Congressman (TM), Matt Gaetz, teams up with Charlie Kirk (and others) to … insist that Speaker Nancy Pelosi had no right to rip up her copy of Trump’s State of the Union address. Can that possibly be the law? (No.)

Then, it’s time to settle in for a nice, long deep dive into New York’s Green Light Law, and how that led a Trump lackey to try and retaliate by asserting that New Yorkers will no longer be eligible for the Global Entry program at airports. Is it really possible that Trump’s Department of Homeland Security will carry out this threat? Do we have a legal recourse? Listen and find out!

After all that, it’s time for a brand-new #T3BE on the preservation of objections for appeal. Can Thomas continue his winning streak? Would you do any better? If so, just share out this episode on social media using the hashtag #T3BE and we’ll pick a winner!

Appearances

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

Show Notes & Links

  1. The operative law that Speaker Pelosi definitely didn’t violate — but President Trump has — is 18 U.S.C. § 2071.
  2. You can read all about New York SB1747B (the “Green Light Law”) as well as check out the fact sheet issued by the DMV.
  3. We break down the nonsense threat letter written by “Acting Director” of DHS, Chad Wolf.
  4. Legal references! Check out 8 U.S.C. § 1365b; 74 FR 59932; 77 FR 5690; and the final rule, 8 C.F.R. 235.12.
  5. Finally, in the political aftermath, we mentioned the pending bipartisan bill, House Res. HR 3675.
  6. Check out the latest blog post from Marcy Wheeler, which sets out her take on Lt. Gen. Michael Flynn and sets out the embedded legal documents.

-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

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



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OA357: Ok, WTF Iowa?

We’re on for a bonus pod talking about the bungled Iowa Caucus.

Appearances

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

-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

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



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