OA287: Down the Hatch (Act)?

Today’s Rapid Response Friday covers all of the breaking developments this week, including a ruling from the Wisconsin Supreme Court, the latest news out of the House of Representatives, and the Office of Special Counsel’s latest request that Donald Trump should fire Kellyanne Conway for “flagrant” serial violations of the Hatch Act. What does all that mean? Listen and find out!

We begin by revisiting the state of Wisconsin, where Republicans in gerrymandered-safe seats in the state legislature stripped power away from the incoming Democratic Governor and Attorney General. A trial court issued an injunction preventing that law from going into effect, and just two days ago, the state Supreme Court finally ruled on that injunction. How did that go? (You know the drill.)

Then, we move into the main segment, in which we discuss all of the developments related to the census question we last discussed in Episode 286. Learn about one respondent’s petition for limited remand, the White House’s assertion of executive privilege, and then what’s next from the Democratic House.

After all that, it’s time to climb Yodel Mountain. Learn exactly who Lt. Gen. Michael Flynn hired once he fired Covington & Burlington Coat Factory, and what that (probably) means. And then, it’s time to learn allllll about the Hatch Act, and why a loyal Trump supporter thinks it means it’s time to fire Kellyanne Conway.

Then, it’s time for Thomas Takes the Bar Exam. This time, Thomas tackles a tricky question about a government agency that hires a private collector to purchase antiques. Can the state charge sales tax? Listen and find out!

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. We last discussed the census in Episode 286.
2. Click here to read the NYIC petition for limited remand.
3. This is HR 430, which is the full House vote to allow the Judiciary Committee to sue to enforce the McGahn and Barr subpoenas.
4. And here is the roll call vote.
5. The Hatch Act is 5 U.S.C. § 7323.
6. The Hatch Act was upheld in United States Civil Service Comm’n et al. v. Nat’l Ass’n of Letter Carriers, AFL-CIO, et al., 413 U.S. 548 (1973).
7. Finally, click here to read the OSC Conway letter.

-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!





Download Link

OA277: The Republican Civil War

Today’s episode breaks down everything you need to know about what’s going to happen with the House Judiciary Committee’s vote to recommend holding Bill Barr in contempt of Congress. Is this all going to go nowhere in a Trump-dominated executive and a right-wing judiciary? Find out why Andrew’s optimistic, and why he calls the underlying dynamic the coming Republican Civil War! All that and we revisit the Republican Andrew called the “key to the apex of Yodel Mountain” over a year ago!

We begin, however, with a big MISSION ACCOMPLISHED banner: you did it! Opening Arguments listeners opened up bar complaints with the Florida Bar about Congressman and nasty little troll Matt Gaetz, and now he faces a state bar disciplinary proceeding.

He’s not the only one, either; we got breaking news today that Paulie Manafort has indeed been disbarred by the District of Columbia!

During the main segment, we break down (1) the contempt recommendation by the House Judiciary committee and exactly what is going to happen next; (2) what the House’s “inherent sanctions” powers are, and whether they can really sic the Sergeant-at-Arms on Bill Barr (hint: yes!); (3) assertions of executive privilege; and (4) the Republican Senate Intelligence Committee’s subpoena of Donald Trump Jr. Is Richard Burr (R-NC) the next In Rod We Trust? Listen and find out… and brace yourself for the coming Republican Civil War!

After all that, it’s time for a Thomas Takes the Bar Exam featuring special guest Andrew Seidel. Together, the two sit in for an evidence question about the admissibility of prior bad acts. Brush up on your “Ol’ Switcheroo” law and play along with us for #TTTBE!

Appearances

Andrew was just a guest on Episode 194 of God Awful Movies, reviewing the Law’d Awful Movie “Gosnell: The Trial of America’s Biggest Serial Killer.” And 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 the news about Matt Gaetz’s investigation in the Tampa Bay Times.
  2. If you love old-timey law review articles, this University of Pennsylvania Law Review one about Congress’s inherent sanctions power from 1925 is pretty fun! Or, if you’d rather something from this millennium, check out the 2007 Chafetz article we discuss on the show.
  3. The crime Bill Barr has committed is a violation of 2 U.S.C. § 192.
  4. We discuss how this exact same scenario has already played out before in Committee on the Judiciary v. Miers, 558 F.Supp.2d 53 (2008).
  5. AAG Boyd cited this 1982 Reagan memo, but conveniently forgot to cite this 1984 OLC opinion that definitively shows he’s full of it.
  6. Finally, we first discussed the Senate Intelligence Committee Report on Russian interference written by Sen. Burr back in Episode 190.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

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 email us at openarguments@gmail.com





Download Link

OA275: Yes, Bill Barr Perjured Himself

Today’s episode covers everything you need to know about Bill Barr’s testimony before the Senate Judiciary committee (and his refusal to testify before the House). Has he perjured himself? (Yes.) Is there a reasonable defense of Barr? (No.) What’s next? Listen and find out!

Also, don’t forget to show up for our monthly LIVE Q&A on our YouTube channel this Sunday, May 5th at 6 pm Eastern / 3 pm Pacific!

We begin today’s show, however, with a few Andrew Was Wrongs and one Andrew Was Right. Wrong? Andrew used “fulcrum” when he should have used “center of gravity,” and it led to this amazing listener graphic explaining the difference. Also, Andrew relied upon a mislabeled graph in a complaint in Episode 273; technically, that’s someone else who was wrong first, but hey.

But Andrew was definitely RIGHT about the RNC platform, and now we have even more evidence to confirm it — this time in the form of the testimony of J.D. Gordon to Mueller’s team of investigators. And we break that down for you (because of course we do!).

Then, it’s time to delve into everything we know about Bill Barr’s perjure-tastic trip before the U.S. Senate Judiciary Committee. Find out why Andrew thinks Barr isn’t going to last, and why he definitely committed perjury. Oh, and figure out what Rule 6(e) is — and why Barr is lying about that, too.

After all that, it’s time for a brand-new Thomas Takes the Bar Exam #124… this time about Decomposing Snail Cola. Decomposing Snail Cola: It’s the Only One With Decomposing Snails!

Appearances

Andrew was just a guest on Episode 194 of God Awful Movies, reviewing the Law’d Awful Movie “Gosnell: The Trial of America’s Biggest Serial Killer.” And 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 the news about Matt Gaetz’s investigation in the Tampa Bay Times.
  2. If you love old-timey law review articles, this University of Pennsylvania Law Review one about Congress’s inherent sanctions power from 1925 is pretty fun! Or, if you’d rather something from this millennium, check out the 2007 Chafetz article we discuss on the show.
  3. The crime Bill Barr has committed is a violation of 2 U.S.C. § 192.
  4. We discuss how this exact same scenario has already played out before in Committee on the Judiciary v. Miers, 558 F.Supp.2d 53 (2008).
  5. AAG Boyd cited this 1982 Reagan memo, but conveniently forgot to cite this 1984 OLC opinion that definitively shows he’s full of it.
  6. Finally, we first discussed the Senate Intelligence Committee Report on Russian interference written by Sen. Burr back in Episode 190.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

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 email us at openarguments@gmail.com





Download Link

OA271: Dis-Barred (?) – The Mueller Report

Today, we break down the just-released [REDACTED] Mueller report. The top-line analysis? This is much worse than we anticipated in Episode 264. This report may not be the end of the road for Trump — but it almost certainly is the end of the road for Attorney General William Barr.

That’s it! We spend nearly 90 minutes delving through the minutiae and correcting the egregious misquotations in Barr’s now-laughable “summary” of the report.

Show Notes & Links

1. You can click here to read the full Mueller report, and here for the searchable PDF.

2. We first covered Barr’s summary in Episode 264, and you can read his laughably dishonest letter again right here. Oh, and we followed up with Prof. Randall Eliason in Episode 265.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

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 email us at openarguments@gmail.com





Download Link

OA264: The Barr Summary of the Mueller Report

Today’s emergency, late-breaking episode breaks down the Barr Summary of the Mueller Report and gives you some advance warning that the narrative on the Mueller report is about to shift very quickly in the opposite direction.  Get ahead of the story by listening today!

Due to the length of the breakdown, we don’t have our regular segments today, but we do have (as always), the answer to Thomas Takes The Bar Exam #119 regarding contracts for the sale of wheat.  Can Thomas keep his streak alive?  Listen and find out!  And, as always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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. This is the Barr Summary of the Mueller Report.
2. Ken Dilanian’s tweet.
3. Glenn Greenwald’s tweet.
4. We discussed disaggregation of the investigations in Episode OA: 259.
5. Confirms the Senate Intelligence Committee report we talked about in Episode OA: 190.
6. Russian Lawyer Natalia Veselnitskaya’s OPEN SDNY criminal trial as of 1/8/2019 for obstruction of justice.
7. Mueller’s NFL report is here.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

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 email us at openarguments@gmail.com

 

Download Link

OA252: Constitutional Conventions & the “Proud Boys”

Today’s episode features a deep dive into a listener question about Article V Constitutional Conventions.  Are they dangerous?  (Yes.)  Are they a good idea?  (No.)  We also discuss the latest ridiculous defamation lawsuit.. and discover why this one is a little different.  How?  You’ll have to listen and find out.

We begin with a little bit of news you might have missed regarding Attorney General nominee Bill Barr.

After that, it’s time to answer a listener question about liberal and conservative groups that are angling for an “Article V” Constitutional Convention to overturn Citizens United (or do other things).  We delve deeply into this provision of the Constitution and discuss the plusses and (mainly) minuses of this procedure.

Then, it’s time to dissect the recent lawsuit brought by Gavin McInnes, founder of the “Proud Boys,” which Wikipedia calls “a far-right neo-fascist organization that admits only men as members and promotes political violence.”  Find out why at least one formerly respectable lawyer thinks it’s just crazy (and actionable!) that the Southern Poverty Law Center called this a “hate group.”  And find out why the real question in this lawsuit involves something called “tortious interference” and not defamation.

After all that, it’s time for the answer to Thomas Takes The Bar Exam #113, which involved the constitutionality of abortion regulations.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

Andrew was just a guest on S3E6 of the fabulous Mueller, She Wrote podcast; go check it out!  And, as always, 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. This is the lawsuit filed by the “Proud Boys” against the SPLC.
  2. This is the Wikipedia entry on the “Proud Boys.
  3. Here’s the full text of Article V of the Constitution.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com

 

Download Link

OA237: Lowering the… Barr (Memo)

Today’s Rapid Response episode takes a look at the just-released Law’d Awful Memo written by Attorney General nominee Bill Barr and sent to Deputy AG Rod Rosenstein concerning the Mueller investigation.  Are the argument(s) raised in the memo any good?  What does this mean for the future of the Mueller investigation?  Listen and find out!

We begin, however, with a brief foray into everyone’s favorite show topic:  BASEBALL LAW!  Find out about the agreement reached between MLB and Cuba, and how (of course) Donald Trump can screw it up.

After that, it’s time for an Andrew Was Wrong (and Maybe Not Wrong) on David Pecker and AMI.  Along the way, we’ll learn about the corruption case against Sun-Diamond Growers in connection with former Agriculture Secretary (and nearly-Senator) Mike Espy.

Then, we delve deeply into the Barr memo, taking apart the legal “arguments” and featuring a guest appearance from one Antonin Scalia!

Then, it’s time to tackle the rather surprising decision by Judge Sullivan in the Michael Flynn sentencing phase.  What happened?  Did he go off the rails?

After all that, we end with an all new Thomas (and Matt!) Takes The Bar Exam #106 on how to best transport heroin from Kansas City to Chicago and what the judge can instruct the jury… it’s complicated, but you won’t want to miss it!  And, as always, if you’d like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

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. Check out Matt & Mattingly’s Ice Cream Social podcast!
  2. Baseball law:  Here’s the press release from MLB.
  3. We discussed U.S. v. Sun-Diamond Growers of Calfornia, 138 F.3d 961 (D.C. Cir. 1998), aff’d, 526 U.S. 398 (1999).
  4. Don’t forget to read the Barr memo for yourself, and you can also check out the Wall Street Journal article that leaked it.
  5. …And here’s our good buddy Antonin Scalia smacking down the logic used therein.
  6. You can check out the government’s sentencing memorandum in Michael Flynn’s case as well as the memo filed by Covington & Burling on Flynn’s behalf.
  7. Here is the 18-3071 sealed case order.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com



Download Link