OA172: Private Prisons, Judge Ellis & More

It’s time for another SUPER-SIZED Rapid Response Friday, which means we get to break down Judge Ellis’s statements in the Paul Manafort criminal trial (amongst many, many other issues)!

We begin, however,  with a brief Andrew (well, mostly ABC and NBC) Was Wrong.

After that, the guys discuss a recent 10th Circuit opinion regarding the treatment of detainees in private prisons.  What does it mean for the future of class action litigation?  Listen and find out!

After that, it’s back to Yodel Mountain, where we break down not only Judge Ellis, but all the developments in or connected to the Mueller investigation, including Michael Flynn and Michael Cohen’s “follow the money” report.  Phew!

Finally, we end with an all new Thomas Takes The Bar Exam #75 about a contract and a subsequent oral modification that Andrew admits he would have muffed.  If you’d like to play along and show Andrew you’re the better lawyer, just retweet our episode on Twitter or share it on Facebook along with your guess.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Recent 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. Here’s the link to a Washington Times story covering the correction regarding Michael Cohen’s supposed “wiretap” (that turned out to be a pen register).
  2. The case we discussed in the main segment was Menocal v. GEO Group (10th Cir., Feb. 9, 2018).
  3. Click here to read the 2016 Obama directive on ending privatized prisons, or (if you’re a masochist) here to read the 2017 Trump directive rescinding it.
  4. If you only read one thing from this show, please do read the transcript of the May 4 hearing before Judge Ellis.  It’s great.  I love this guy.
  5. The opposition to Michael Avenatti’s pro hac vice motion is here; it also contains the “Executive Summary” laying out Avenatti’s “follow the money.”  If you prefer to see it in chart form, click here (H/T Washington Post).
  6. The TPM article suggesting that Avenatti must have had access to SARs is here.
  7. To understand bribery, we highly recommend this primer by Randall Eliason.
  8. Finally, please click here to check out Thomas’s May 19 talk in New Orleans.

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