Category: Podcast

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OA320: The (Idiotic) Hearsay Defense

Today’s episode is a must-listen, timely deep dive as to what exactly constitutes “hearsay” — and why the latest Republican talking points to discredit the whistleblower complaint as being “based on hearsay” are nonsense piled upon nonsense.

Remember that this your LAST CHANCE to come see Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

We begin today’s show with an (unfortunately lengthy) Andrew Was Wrong segment about the Javelin missile, Al Gore’s non-tie-breaking non-vote in 1999, and more. But was Andrew actually right about anything? (Maybe one or two things.)

Then, it’s time for the main segment in which Andrew breaks down exactly why “hearsay” isn’t the same as “stuff you maybe kinda overheard in the neighborhood.” Learn what hearsay actually is, and why the latest round of unhinged Republican talking points are even more laughable than they seem.

After that, it’s time for a frenzied visit back to Yodel Mountain, where we explain exactly what happens next in the House impeachment investigation.

As a bonus, we tackle a question many of you asked on social media: what exactly does happen if President Trump is removed from office via impeachment? Could he run again?? Listen and find out!

We conclude, as always, with #T3BE, including next week’s guest, solicitor Emma McClure, and a wandering 12-year-old who falls through the ice.

Upcoming 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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
  2. Here’s the latest news from The Guardian about the President committing bribery on national television. And yes, it’s bribery, 18 U.S.C. § 201(c)(1)(B) and not extortion or any other crime.
  3. Curious about that 1955 law review article summarizing that grand juries can issue indictments based on nothing but expert hearsay testimony? We’ve got you covered.
  4. And if you liked that, you probably also want to check out the Federal Rules of Evidence on hearsay, Rule 801 et seq.
  5. If you see anyone sharing the absolute lie propagated in the Federalist that the intel community “secretly gutted” the requirement that whistleblower complaints be based on first-hand knowledge, you can send them to the May 2018 form 401. If you need a quick response, just share out this graphic that clearly shows it’s a complete fabrication.
  6. Oh, and don’t forget to curl up with this subpoena served on Rudy Giuliani.

-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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OA319: Your Guide To Impeachment!

Today’s Deep Dive can’t help but stay high atop Yodel Mountain. We imagine that by the time you’re hearing this, the House will have voted to begin an impeachment inquiry. Curious about what that means, why it matters, and what happens next? Then this is the show for you!

Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

We begin, however, with a brief update on #Brexit; no, we haven’t forgotten that our closest ally is also suffering under the weight of an insane leader hell-bent on a racist policy that everyone knows is an impending disaster. But unlike the U.S., it looks like the U.K. Supreme Court…. still understands the rule of law? What a novel concept.

Then, it’s time for a deep dive into impeachment, where we tackle:

  1. Exactly why President Trump’s conduct towards Ukraine in particular is so reprehensible;
  2. Why beginning an “impeachment inquiry” matters;
  3. What the Nixon articles of impeachment looked like;
  4. The Clinton impeachment timeline;
  5. ALL the ways Mitch McConnell and the Republicans can try and screw this up; and much, much more.

Then, it’s time for the answer to Friday’s #T3BE involving real property, and specifically, the condition to a contract requiring the buyer to procure a loan at 10% and whether that allows the seller to back out even if the buyer turns over the purchase price. Find out if Thomas got this one right!

Upcoming 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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
  2. This is the Time reporting on Ukraine from which Andrew quoted; and this is the New York Times story about Manafort turning over polling data to Akhmetov.
  3. Politico first reported the OMB hold on aid to Ukraine on August 28, nearly a month ago.
  4. An ongoing proceeding makes it easier to prove obstruction of justice pursuant to 18 U.S.C. § 1505.
  5. Click here to read the Nixon articles of impeachment, and (show-note only bonus!) here to read the vote breakdown.
  6. We explained the “nuclear option” on Senate rules way back in Episode 59; these are the current Senate rules on impeachment (that can be modified at any time with this One Weird Trick).
  7. Finally, if you’re feeling super optimistic, remember we explained that Mitch McConnell can Mitch McConnell all of this in Episode 272.

-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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OA318: Quid Pro Quo Burger

Hooooo boy! Today’s episode breaks down the tipping point that finally got House Speaker Nancy Pelosi to back an impeachment inquiry: the now-disclosed whistleblower complaint that lays out exactly how Donald Trump abused our foreign policy to pressure a foreign leader to aid him in his 2020 re-election campaign. It’s every bit as bad as it looks, and we walk you through exactly what it means.

Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

Here’s the topline: Acting DNI Maguire changed his story as to why he withheld the whistleblower complaint to a completely bogus claim of executive privilege. We’ll tell you why that won’t hold up. We’ll also answer:

  • What’s a TELCON, and do we have reasons to believe that the “transcript” of the President’s July 25 conversation with Ukranian President Zelenskyy was “Bill Barr”ed?
  • Are we at PEAK YODEL MOUNTAIN?
  • Did the Republicans really email their stupid talking points to Nancy Pelosi? And if so, how do we spot a hack? (Hint: he — and they’re pretty much all ‘he’s — will have an “R” after his name.)
  • What did we learn from Maguire’s testimony today, and how incriminating was it? (Very.)
  • What does the complaint say and how bad is it?
  • And finally — what are the FIVE ARTICLES OF IMPEACHMENT Andrew thinks will be brought against this President?

After all that, it’s time for a brand-new #T3BE, this time a dreaded real property question that Thomas feels oddly confident about his answer. Do you share his optimism? Let us know!

Upcoming 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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
  2. Remember that the operative statute requiring Maguire to have turned over the whistleblower complaint is 50 U.S.C. § 3033, and particularly subsection (k)(5).
  3. Here’s the New York Times reporting that Trump mentioned Giuliani way back in his first call to Zelenskyy on April 21, 2019.
  4. Extortion is 18 U.S.C. § 355(c)(2); treason is 18 U.S.C. § 2381, and neither are a good fit here.
  5. What laws are a good fit? Well, how about (a) illegal solicitation of a campaign contribution, 52 U.S.C. § 30121; (b) bribery, 18 U.S.C. § 201 ; (c) obstruction of justice, 18 U.S.C. § 1505, and much more??
  6. Finally, remember that we first discussed illegal campaign contributions back in Episode 116.

-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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OA317: North Carolina Rep. Christy Clark

Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

North Carolina has been in the news and on OA a lot lately, so to help give us more context and on-the-ground info, we’re fortunate enough to get to speak to NC State Representative Christy Clark! We discuss the awful stunt Republicans pulled in order to override the Governor’s Veto, previously discussed in Episode 315. We also talk about gerrymandering, and Rep. Clark gives tells her inspiring story!

-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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Bonus! Whistleblower Breakdown

Folks, this whistleblower is big news. Andrew Torrez has put in some OT to research the law behind the big news. In this bonus breakdown, we find out: what we know so far, the statute that “protects” the whistleblower and ensures congress should get to hear the complaint, who is currently breaking the law in order to cover for others who are breaking the law, what is currently being done about it, and what can and should be done about it. Listen and share!

Show Notes & Links

  1. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
  2. Sept. 10 letter from Schiff to Maquire
  3. Sept. 13 response from COUNSEL FOR DNI acting Director
  4. Sept. 17 letter back from COUNSEL

-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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OA316: Unsealing Mueller’s Grand Jury Testimony & Other Yodel Mountain Madness

Today’s Rapid Response Friday spends a lot of time high atop Yodel Mountain, pondering the latest developments in the Trump Administration’s efforts to keep the underlying grand jury materials (and redacted portions of the Mueller Report) from being disseminated to Congress. Oh, and we also check in on Trump’s taxes, emoluments, that crazy whistleblower case and so much more from this corrupt administration.

We begin, however, with few little self-congratulatory remarks and some further information about #Brexit that we covered in Episode 315.

Then, it’s time to tackle In re Application of the House Committee on the Judiciary regarding the unsealing of grand jury testimony. Learn how this argument interacts with McKeever v. Barr, which we last discussed in Episode 272.

After that, we pause briefly to discuss the latest ruling on emoluments from the Second Circuit Court of Appeals, as well as the latest apportionment lawsuit that may have been inspired by a previous episode. And we discuss Corey Lewandowski’s sideshow, and the four pending lawsuits involving Trump’s taxes, and so much more….

That gives us a brief amount of time to talk about the latest whistleblower case and what we do (and don’t) know.

Upcoming 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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
  2. We covered Brexit in Episode 315.
  3. Check out the latest Trump argument in In re Application of House Committee on the Judiciary. The operative statutory exception is Fed. Rule Crim. Pro. 6(e), and the case we discussed was McKeever v. Barr.
  4. We, of course, first discussed McKeever v. Barr way back in Episode 206 when we debunked the conspiracy theory angle, and we were proven right in Episode 272.
  5. The latest emoluments ruling from the 2nd Circuit is here; you can also check out the new apportionment lawsuit as well. Oh, and don’t forget to read this great piece on Lewandowski by Elie Mystal.
  6. Finally, the two threads you must read on the whistleblower complaint are by Asha Rangappa and our friends at Mueller, She Wrote.

-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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OA315: North Carolina & Brexit

Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

In this week’s Deep Dive Tuesday, we take a look at two crazy stories — one from last week, and one from… 2016. Yes, it’s time for OA finally to tackle the mess that is Brexit now that we have various court rulings around the concept of “prorogation.” What the hell is that? Listen and find out! And, as a bonus, we’ll also talk about the craziest story out of North Carolina — and believe us, that title has a lot of contenders!

We begin, however, with a brief update on the settlement reached with Purdue Pharma in the Ohio MDL that we discussed in Episode 311. Hint: Andrew was definitely right about this one!

Then, it’s time for an absolutely bonkers story involving state legislators in North Carolina tricking Democrats into celebrating a 9/11 memorial… so that they could have a stealth session to override a gubernatorial veto. Did that really happen??!? (Yes.) How?!? And what happens next? Listen and find out!

After that, it’s time for the OA explainer on Brexit just in time for today’s UK Supreme Court oral argument. Find out what court said what and how that all interacts!

Then, it’s time for #T3BE. Can Thomas stop a show-worst six-question losing streak? With a real property question??!? Listen and 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. We discussed a potential Purdue Pharma settlement in Episode 311; you can read media coverage of that reported settlement here.
  2. This is Section 22 of the North Carolina Constitution that allowed this crazy gamesmanship regarding the veto.
  3. Finally, click here to read the Scottish Court of Session decision regarding Brexit and proroguing.

-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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OA314: The Supreme Court and Trump’s Asylum Rules

Today’s episode breaks down a 7-2 decision by the Supreme Court to stay the decision of the District Court enjoining the Trump Administration’s new asylum rules from going into effect. What happened and why? Listen and find out! It’s bad news — but to balance that out, we spend a lot of time high atop Yodel Mountain, where we discuss the ongoing march towards impeachment and the latest in the Michael Flynn saga.

We begin, however, with a brief Andrew Was Wrong(TM) segment about two casual (but wrong) comments Andrew made in previous shows. As it turns out, Devin Nunes isn’t the beneficiary of gerrymandering — we knew that, honest! — he’s… wait, why do people vote for Devin Nunes again? We’re not sure.

Then it’s time for the main segment, which breaks down the tragic significance of the court’s recent order on asylum. It’s only a single paragraph long, but… it speaks volumes. Find out what’s going to happen next with expedited removal proceedings and undocumented immigrants. It’s a tough segment, but you need to know.

Next, it’s time for our weekly visit to Yodel Mountain! Find out why the most conservative Democrat in Congress thinks impeachment is “inevitable!” And while we’re there… what’s the deal with Lt. Gen. Michael Flynn and his crackpot lawyer? We’ll tell you!

After all that, it’s time for #T3BE. Can Thomas snap a career-worst six-question losing streak? If so, he’ll have to do it on a dreaded real property question involving the sale of land. Keep your fingers crossed!

Also, COME TO OUR LA LIVE SHOW!!!! Here is the link!!

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. We last discussed the asylum rule changes in Episode 301.
  2. You can check out the district court’s well-reasoned injunction here, and the Supreme Court’s one-paragraph decision to stay that order here.
  3. And, if you’re not depressed enough, read this NBC News article involving Trump’s decision to deny temporary protected status to Bahamians displaced by hurricane Dorian.
  4. Here’s the Washington Post article about impeachment and Rep. Brindisi, and here’s the evidence that (a) Brindisi’s district is the second-reddest among 2018 Democratic winners and (b) that Brindisi is arguably the most conservative Democrat in Congress.
  5. On Flynn: here’s Schiff’s letter, and here’s Flynn’s plea deal. And if Flynn keeps this up, he’s in danger of losing the government’s initial sentencing recommendation.

-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 Opening Arguments Episode 313 – Devin Nunes Is A Crazy Cow Farmer

Listen to the episode and read the show notes

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