OA289: #OpposeJustinWalker

Today’s episode — #OpposeJustinWalker — tells you everything you need to know about Donald Trump’s latest nominee for a lifetime appointment to the federal bench (and Andrew’s former debate opponent) Justin Walker. You already know he’s a lifelong member of the Federalist Society. Why is it specifically worth opposing him? Listen and find out!

First, though, the guys break down the Supreme Court’s 7-2 ruling in U.S. v. Gamble, affirming the “dual sovereignty” doctrine and finally putting the last nail in the coffin of a crazy lefty conspiracy theory we debunked way back in Episode 215. And, as a bonus (?), we find out why Clarence Thomas’s concurrence is “the most horrifying thing in print in the past 50 years.” Seriously!

After that breakdown, it’s time to analyze the background and writings of Justin Walker. We learn that he has virtually no litigation experience and that he’s a right-wing ideologue; you probably expected that. But you’ll also learn that his two major contributions to academic jurisprudence are (1) arguing that transparency in government is a bad, possibly unconstitutional thing; and (2) arguing that the FBI Director has a moral obligation to be the President’s lackey. We are not making any of this up.

Then, it’s time for Thomas Takes The Bar Exam and a question on the propriety of a introducing a particular fact into evidence as the predicate for a cross-examination question. Is it hearsay? Is it impeachment? Is it just hunky-dory? Listen and find out!


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 the American Legion v. AHA Bladensburg cross case in OA Episodes 256 (with Sarah Henry of the AHA) and Episode 274 with Monica Miller. Monica IS coming back on the show!
2. Click here to read Gamble v. U.S. which we first discussed in OA 215.
3. Andrew debated Justin Walker in Episode 224.
4. This is his announcement.
5. You can read Walker’s CV here.
6. Of Justin Walker’s law review articles, click here to read “Chilled Chambers” and here to read “FBI Independence as a Threat to Civil Liberties: An Analogy to Civilian Control of the Military”.
7. By the way, this is the link to the FBI investigating Deutsche Bank in connection with Jared Kushner.
8. Finally, this is Walker’s National Review article.

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