OA351: Who’s the Next Justin Amash? Your Guide to Impeachment, Part XVIII (Feat. Lev Parnas)

Today’s episode is one big Andrew Was Right! As we predicted, the House transmitted the Articles of Impeachment to the Senate this week, and we unpack all of this week’s news in connection with impeachment, including the new GAO report on the Impoundment Control Act, the testimony from Lev Parnas, and much, much more. By the end of this super-sized episode, we’ll also give your our predictions as to who might be a surprise profile in courage. The answer WILL surprise you!

We begin with the GAO report that’s being quoted everywhere. Are media sources getting it right? And what’s in the report that’s not being talked about? Listen and find out! Did Trump’s OMB violate the Impoundment Control Act? (Hint: yes.)

Then, we take a look at the transmission of articles, the House managers named, the rules involved, the President’s amazing legal team, and much, much more.

After all of that, we get to the ultimate question: will this moo the noodle? And if so, who are the Republicans that can be moo’ed? We name names! We also evaluate the Lev Parnas testimony and try and steelman Trump’s arguments.

Then, of course, it’s time for an all-new #T3BE on cocaine smuggling, featuring a special guest player (and next week’s guest) Phil Ferguson.

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. Click here to read the GAO report on the ICA, and the two relevant provisions of that act: 2 U.S.C. § 683 (rescission) and 2 U.S.C. § 684 (deferment).
  2. We referred to the 1991 Cheney GAO opinion on “programmatic delays.”
  3. Click here to read the Parnas SDNY indictment.
  4. Finally, here’s the evidence on our Mystery Amash Candidate.

-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 OA350: Interview with House Candidate Chris Armitage

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 350.  Ah!  What a nice landmark number, 350.

Andrew:         [Laughs]  If only there was a year zero we would have a fancy new introduction.

Thomas:         [Laughs]  Confusing, but no, new introduction next episode so patrons hop on, get your quotes suggested.  I’m Thomas, that’s Andrew, how ya doing, Andrew?

Andrew:         I am fantastic, excited about today’s episode.

Thomas:         I’m always excited.  I’m in a constant state of excitement about our episodes.

Andrew:         [Laughs]  

Thomas:         We have an interview with Chris Armitage who is a candidate for Washington’s 5th Congressional District, challenging a very Trumpy person who we will talk about later.

Continue reading “Transcript of OA350: Interview with House Candidate Chris Armitage”

OA350: Interview with House Candidate Chris Armitage

Chris Armitage is running for the House in Washington’s 5th District against Trump devotee Cathy McMorris Rodgers!

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.

-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 OA349: Bolton Will Testify; Iran, Soleimani & So Much More

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 349.  I’m Thomas Smith, that’s Andrew Torrez.  How’re you doing, sir?

Andrew:         I am fantastic, Thomas, how are you?

Thomas:         I’m good but I’m just realizing does this mean new intro quotes soon?

Andrew:         Ooooh!

Thomas:         Is that how the numbers work?  I can’t remember.

Andrew:         Yeah, it is how the numbers work.

Thomas:         Okay.

Andrew:         Yeah, we’ll have to get that up and running awfully quickly over at patreon.com/law where people can submit their own 15 second intro quotes for the show.

Thomas:         It’s definitely a lot shorter than 15 seconds, but that’s okay!

Continue reading “Transcript of OA349: Bolton Will Testify; Iran, Soleimani & So Much More”

OA349: Bolton Will Testify; Iran, Soleimani & So Much More

Today’s episode takes on (some of) the two biggest pending news stories right now: (1) the U.S. assassination of Iranian Gen. Soleimani, and (2) the pending impeachment of President Trump. Oh, and we also cover a bunch of other things along the way, including the latest CNN settlement regarding the kid from Covington Catholic, and, well, you’ll just have to listen to find out everything!

We begin with a pre-show grab bag of mini-stories, including the “drain the swamp” news that outgoing Energy Secretary Rick Perry has joined the board of a holding company that owns a pipeline company. Is this 100% the same scandal as Burisma hiring Hunter Biden? (Hint: yes.)

Then, we delve into some disturbing background information on the Solemani strike and answer the first of many listener questions about it: was the strike arguably justified by the 2001 Authorization for the Use of Military Force (AUMF) against the 9/11 hijackers?

After that, it’s time for some Yodeling! We look at the current state of the House/Senate standoff on articles of impeachment and what the likely way forward will be. You’ll learn that former NSA Director John Bolton is willing to testify; the question is whether two more Republicans care about that at all.

Finally, we cover the latest news that CNN settled the defamation lawsuit brought by Nick Sandmann of Covington Catholic relating to the video shared by CNN nearly a year ago.

After all that, it’s time for a brand-new #T3BE 161 — this one is a constitutional law question regarding anti-discrimination laws. Can Thomas get it right??

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. Pre-show links: (a) Rick Perry rejoins the board of a pipeline company; (b) the Hofeller Files; and (c) the 5th Circuit’s decision on Trump’s stupid wall, which we last covered in Episodes 243 and 255.
  2. Iranian strike links: (a) Washington Post story on Pompeo masterminding the strike; (b) the Heather Timmons piece in Quartz warning us that Trump was listening to Rapture loons like Pence and Pompeo 18 months ago; and (c) Mary Lee Bigham-Bartling’s 2018 doctoral dissertation on Rapture theology.
  3. This is the 2001 AUMF, and you can also verify that Solemani is named in neither the 9/11 Commission Report nor the 2019 State Department Fact Sheet. We also quoted from a VOA News report on Sunnis “celebrating” the death of Solemani.
  4. On impeachment: the important thing is to click here to read John Bolton’s public decision to comply with a Senate subpoena.
  5. Finally, although you can’t read the CNN/Covington Catholic settlement, you can still watch both the original Sandmann video, and the updated video released a few days later.

-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 OA348: The State of the Secular States, with Alison Gill

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 348.  I’m Thomas and you know what?  I know what day it is now!

Andrew:         [Laughs]  

Thomas:         I finally figured it out, I had to regroup.  How’s it going, Andrew?

Andrew:         It’s going fantastic, Thomas, how are you?

Thomas:         Ah, back on a regular schedule.  I’m so excited.

Andrew:         Oh yeah!

Thomas:         I’m also excited to have Alison Gill, Vice President of Legal and Policy over at American Atheists coming on today, she’s going to discuss the State of the States Report that they have put out all about religious freedom and religious freedom laws, which is to say oftentimes those are kind of named misleadingly.

Continue reading “Transcript of OA348: The State of the Secular States, with Alison Gill”

OA348: The State of the Secular States, with Alison Gill

Today’s show features an interview with American Atheists’ National Legal and Policy Director Alison Gill! American Atheists has just released their 2019 State of the Secular States Report, which you can find here. With how much the Trump Administration and the Christian Right have tried to enshrine conservative Christianity into our nation’s laws, American Atheists has worked hard to bring us this comprehensive report detailing which states have good laws in place to protect the separation of Church and State. Some states are doing better than others, and some states might surprise you! The report provides a great blueprint of action for how we can work to fight the theocrats on a state by state basis.

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.

-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 OA347: Pennhurst and the Voter Purge in Georgia

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 347, I’m Thomas, that’s Andrew.  How’re you doin’ Andrew?

Andrew:         I am fantastic, Thomas, how are you?  Did you have a good holiday?

Thomas:         Okay, I’ll bite.  What day is it?

Andrew:         [Laughs]  

Thomas:         I don’t – I have no idea.  We’re recording so I guess we both must think it’s Thursday to some extent, right?  But is it Thursday?

Andrew:         [Laughs]  

Thomas:         My kids were home yesterday, doesn’t that mean it’s Monday?  I don’t [Sighs]

Andrew:         I think “what day of the week is it?” is gonna replace “I keep writing 2019 on my checks”

Thomas:         [Laughs]  

Andrew:         Because nobody writes any checks anymore.

Continue reading “Transcript of OA347: Pennhurst and the Voter Purge in Georgia”

OA347: Pennhurst and the Voter Purge in Georgia

Today’s episode tackles a bunch of important developments in the new year — and not all of them are even Trump-related! Our main segment features a deep dive into the recent voter purge decision in Georgia and what that has to do with the Eleventh Amendment and the Pennhurst doctrine. We also tackle the latest scare meme regarding 2020 and update you on all the developments in pending litigation regarding Donald Trump. Buckle up, it’s going to be a fun ride!

We begin with a quick off-the-white-board note about the “$100,000 verdict” in the Alex Jones defamation lawsuit that isn’t what it appears to be.

After that, we take a look at a recent meme that’s circulating regarding 2020. Should you be concerned about the legal implications of writing 1/1/20 on your documents?? Why or why not?

Then it’s time to check in on the status of several pending cases involving Congressional subpoenas, including a decision that’s being mischaracterized as a setback for impeachment (it isn’t), and a bunch of irons that are still in the fire.

Then it’s time for our deep dive into Pennhurst and the recent denial of injunctive relief to Stacey Abrams’s organization dedicated to restoring the voter rolls in 2020 in Georgia. Find out what happened & what’s going to happen next.

After all that, it’s time for a brand-new #T3BE in the New Year: can a bakery tell a flaky flour supplier to go clownhorn itself? Don’t forget to play along via social media!

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. Click here to read the New York Times article about Alex Jones’s lawsuit.
  2. The article we referenced on FOIA documents connected to OMB from Kate Brannen at Just Security is here.
  3. Filings: click here to read the Order of Dismissal in the Kupperman lawsuit, and here to read the Court’s Order denying injunctive relief in the voter registration lawsuit.
  4. Oh, and feel free to brush up on your Supreme Court decisions by reading Pennhurst State School & Hospital v. Halderman, 465 U.S. 89 (1984).

-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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