OA326: When the SCIF Hit the Fan

Today’s episode tackles all your latest developments from high atop Yodel Mountain, including the national security-threatening stunt led by America’s Dumbest Congressman, Matt Gaetz, as well as the significance of Bill Taylor’s testimony to the House Intelligence Committee.

We begin with a brief overview of the “due process” argument throughout history with an eye towards how it applies to the Trump impeachment.

From there, we move to a specific application: the (false) claim by Matt Gaetz and others that the House impeachment inquiry violates Trump’s rights of due process. Along the way, we’ll learn what a SCIF is and why it was such a big deal — a criminal big deal — that Gaetz and others violated it.

Then, it’s time to dive deeply into Bill Taylor’s testimony and how that fits into the overall impeachment picture and whether Trump is guilty of bribery with respect to Ukraine. (Hint: yes.)

After all that, it’s time for another fabulous #T3BE about an inexperienced innkeeper and a cleaning company that doesn’t work on Sundays. Play along on social media, and remember to #T3BE in your answer!

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. Share out the Episode 324 super-transcript with your favorite Uncle Frank today!
  2. This is the WIRED article we referenced on the technical data regarding SCIFs, and these are the 174-page technical guidelines set forth by the DNI.
  3. Laws! Obstruction of justice is 18 U.S.C. § 1505, bribery is 18 U.S.C. § 201, and the relevant portion of the Congressional Budget and Impoundment Control Act is 2 U.S.C. § 683.

-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 OA325: Putin’s Puppet? The Open Skies Treaty

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 325. 

Andrew:         Woo!

Thomas:         Nice round number, I always like multiples of five, that’s good.  Feels meaningless but-

Andrew:         Yeah, aren’t we due for a new show intro?

Thomas:         [Gasps]  That’ll be next episode, then. 

Andrew:         Yeah!

Thomas:         So teaser alert!  I know I’m pretty sure you’ve already put up the patron thread, right Andrew?

Continue reading “Transcript of OA325: Putin’s Puppet? The Open Skies Treaty”

OA325: Putin’s Puppet? The Open Skies Treaty

Today’s show features a few segments from the LA live show, including a medium dive on the Open Skies Treaty. We break down what it is, what Trump is intending to do with it, and why his behavior is incredibly… weird. We also break down a story involving Covington and Burling winning legal fees against the government.

-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 OA324: Trump’s 9 Crimes and Misdemeanors

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Topics of Discussion:

Thomas:         Hello and welcome to Opening Arguments, this is episode 324.  I’m Thomas, that’s Andrew.  How’re you doing, sir?

Andrew:         I am doing fantastic, Thomas!  Still on that high after our fabulous live show in Los Angeles.  How are you, man?

Thomas:         Ah, same!

Andrew:         [Laughs]  

Thomas:         The same.  That was so much fun!  Can’t wait for the next one wherever we do it. [Laughs]  

Continue reading “Transcript of OA324: Trump’s 9 Crimes and Misdemeanors”

The Ten Crimes of Trump

As Outlined in the Mueller Report (A Mini Transcript of OA 324)

I am more convinced than ever that Bob Mueller thought the immediate result of his report being released would be a vote within a couple of weeks in the House to impeach the President. I believe that.

– P. Andrew Torrez

Follow Along with the Full Report Here

Continue reading “The Ten Crimes of Trump”

OA324: Trump’s 9 Crimes and Misdemeanors

With impeachment in full swing, today’s episode reminds you that we already have more than enough evidence to impeach & remove Donald Trump from office for the nine distinct crimes documented by Robert Mueller in Vol. II of the Mueller Report.

We begin, however, with a pre-show update: the 4th Circuit has just voted to rehear the Maryland emoluments lawsuit en banc on Dec. 12, 2019.

After that, it’s time to check in on the latest Republican argument: that Democrats need to authorize an impeachment inquiry via a full floor vote in the House of Representatives. Learn why Nancy Pelosi said “Nope!” and why that might be shots fired… at the Supreme Court.

Then, it’s time for the deep dive into the nine unambiguous, inarguable crimes that we already have proof Donald Trump has already committed, thanks to Vol. II of the Mueller Report. You will get a choose-your-own-adventure guide for how to steer your disbelieving Uncle Frank through the Mueller Report and prove that Trump acted with criminally corrupt intent to obstruct justice. “The cover-up is [still] worse than the crime”… isn’t it?

After all that, it’s time for an all-new #T3BE involving a hate crime. Is the Intellectual Dark Web correct that such things are protected by “free speech?” If not, why are they wrong? Play along on social media — remember to #T3BE with your answer!

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. Here’s the latest ruling from the 4th Circuit on the emoluments litigation.
  2. Don’t forgot to follow along with this week’s episode by reading the actual Mueller Report.

-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 OA323: LA Live Show QnA!

Listen to the episode and read the show notes!

Topics of Discussion

Thomas:         Hey folks!  I’m here to do a little housekeeping for you, let you know what the schedule is because we just are coming off of a really fun, amazing live show in L.A., it was just an absolute blast.  And I have to tell you, I don’t wanna rub it in but platinum night with Andrew cooking for us was even better than I could have imagined.  It was so fun, so make sure to try to make it next time.  VIP was fun, it all was great. 

Continue reading “Transcript of OA323: LA Live Show QnA!”

Transcript of OA322: Blackouts, Taxes & House Rules

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Show Topics:

[Show Introduction]

Thomas:         Hello and welcome to Opening Arguments, this is episode 322.  I’m your host Thomas Smith, that over there is Andrew Torrez.  How you doin’, Andrew?

Andrew:         I am fantastic, Thomas!  You know, one of the things that I love the most about my recording studio, which is located in my basement, is that it is served by electricity. So apropos of nothing, how are you doing?

Continue reading “Transcript of OA322: Blackouts, Taxes & House Rules”

OA323: LA Live Show QnA!

The live show in Los Angeles was an absolute blast. We had so much great content that we’re going to use it in bits and pieces here for the next few Tuesday shows. But if you’d like to hear the entire live show right away, and also hear the special intro Brian and Thomas cooked up for it, go to patreon.com/law right now!

-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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OA322: Blackouts, Taxes & House Rules

Today’s episode breaks down the recent news relating to (1) legal efforts to subpoena Donald Trump’s taxes, (2) the latest kerfuffle over the standing House rules and whether the impeachment inquiry is “unconstitutional” and “illegal” (it isn’t), with a bonus (3) rant about PG&E’s blackouts — excuse me, “public safety power shutoff events” in Northern California. Phew!

We begin with a discussion surrounding PG&E’s decision to shut off power for up to five days, affecting potentially two million people. These blackouts will have a tremendous economic and social cost — and may cost lives, as well. Why are they happening? What’s the law? Can we do anything about it? Listen and find out!

Then, it’s time for a deep dive into breaking legal news this week. You may have heard that a court ordered the release of Trump’s tax returns, and then that order was immediately appealed and blocked. What does it all mean and why? We dive deeply into this issue, and on the way you’ll learn about Younger abstention, § 1983 cases, and much, much more!

After that, it’s time for a look at the latest goalpost-moving excuse by the Republicans, this time the honestly-not-very-good argument that the impeachment inquiry is “illegal” unless authorized by the entire House of Representatives. Find out why this just isn’t so.

Then, it’s time for a follow-up #T3BE to last week’s child-on-thin-ice. This time, we want to know: can her parents sue the day care? Listen and find out!

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. The “de-energization events” are authorized, at least implicitly, by Section 451 of the California Public Utilities Code, as further interpreted by recent rules. PG&E, of course, is in Chapter 11 bankruptcy.
  3. The anti-injunction act is 22 U.S.C. § 2283 , and you can brush up on Younger v. Harris, 401 U.S. 37 (1971) while you’re at it.
  4. We discussed the OLC memos in Episode 290, and then again in Episode 300.
  5. You should definitely read Judge Marrero’s order, even though it’s been appealed to the Second Circuit.
  6. Here are the standing House Rules (check out pp. 322-323), and the 2015 CRS report referenced during the show.

-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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