OA354: A Russian Asset Sues What?

Today’s episode breaks down the (spoiler: ridiculous) defamation lawsuit filed by Tulsi Gabbard against Hillary Clinton for calling her (sort of) a “Russian asset.” We do the patented Opening Arguments reading-the-complaint-backwards method (sort of) to figure out exactly what this means and what comes next.

We begin, however, with some instant response to the Saturday Republican “defense” of Trump in the impeachment proceedings. It’s… well, it’s a thing. Is Jay Sekulow still America’s dumbest lawyer? (Hint: yes.) Learn the arguments that they’re actually trying to advance, and why they’re not actually a thing.

And again: please don’t forget to CALL YOUR SENATOR! Remember, this is preposterously easy:

Call.  (202) 224-3121. 

CALL YOUR SENATORS, if you need help connecting to them, use @resistbot.   Text the word RESIST to the bot on Messenger, Twitter, Telegram, or to 50409 on SMS.  First time setup is quick, then calling both should take 3-5 minutes.

Here’s what you say:

“I’d like to speak with Senator ____’s office.  Hi, I’m _____, I’m a constituent, and I’m calling to ask Senator ____ to vote in favor of allowing the Senate to subpoena documents and witnesses in the impeachment trial.  I don’t know how we can decide if Trump is innocent or guilty without seeing all of the evidence.  Thank you.” 

Then, it’s time to break down everything about Tulsi Gabbard’s lawsuit. That means defamation law, Tulsi’s lawyers, the New York Times v. Sullivan standard, and much, much more. You’ll be surprised to learn that Tulsi Gabbard’s lawyers are… actual lawyers? But you’ll also be surprised to learn some facts about them. Don’t go all crazy conspiracy-theory on us, but… definitely listen.

After all that, it’s time for the answer to #T3BE 163 involving contemporaneous notes and whether they’re admissible as hearsay.


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. Check out Tulsi’s defamation lawsuit here.

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

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