bribery – Opening Arguments

Thomas: It feels like – in fact, you know what? I take that back. I’m doing very well because I’m pretty sure we singlehandedly made a difference for the witnesses. I say we and by that I mean the royal we of the whole audience and the whole show, because it really feels like the noodle got moved a little bit.

Andrew: It does. I would say, look, Mitch McConnell is still trying to move the noodle back.

Thomas: [Laughs]

Andrew: Do not let up. If you have not yet called your Senators, call your Democratic Senators and praise them, call Mitt Romney and praise him, call Republican Senators who have not spoken out and the script, we’ll continue to use the script and have it in the show notes. This is super easy, hundreds of you have Tweeted in, emailed us, maybe even a thousand. A lot of you have done this, this is really, really great. It’s really important. Keep doing that. The other side is doing the same thing so it is important to keep that up. The vote, if it happens, will happen sometime late on Friday so as you’re hearing this you still have time to call your Senators? and make sure they line up for witnesses.

January 30, 2020January 31, 2020

OA355: Honest Answers to Impeachment Questions

Today’s episode tackles six questions raised during the first day of cross-examination at the impeachment of President Trump and gives you the real answers, from a legal point of view, minus the spin (on both sides)! We tackle the standard for impeachment, past judges who have been impeached, the will of the Framers, and much, much more!

—–

Remember that Alan Dershowitz has challenged Andrew to a debate, and we’ve accepted! Only time will tell if Dersh chickens out.

Also: please do CALL YOUR SENATORS. The Senate switchboard is (202) 224-3121. They’ll connect you! For the Republicans, make this simple request (and be polite!):

“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.”

For the Democrats, call them and thank them for their promise to vote for subpoenaing documents and witnesses. That’s all! It’s that easy and you can REALLY MAKE A DIFFERENCE. Thank you!

—–

We begin the show with a brief analysis of John Bolton’s forthcoming book and whether the White House can get a judicial injunction to block publication. (Hint: no.) In analyzing the question, we do a mini-deep-dive into prior restraint, what it means, and why it protects Bolton’s right to publish here.

Then it’s time for the question extravaganza, which covers not only the legal standard for impeachment but the arguments raised by both sides, the question of foreign interference in our elections, how one asserts executive privilege, and so much more! You won’t want to miss this!

After all that, it’s time for a brand-new #T3BE about a crazed, icepick-wielding roommate with bad luck. Will Thomas be able to keep his win streak going? There’s only one way to find out! And remember that you too can play along on 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

Don’t let Republicans misrepresent the articles of impeachment. Article I, Abuse of Power contains allegations that satisfy 18 U.S.C. § 201(b)(2) (the crime of bribery) and Art. II, Obstruction of Congress contains allegations that satisfy 18 U.S.C. § 1505 (the crime of obstruction of justice).
We referenced Zephyr Teachout’s seminal 2009 law review article, “The Anti-Corruption Principle” as well as this analysis by Eisen, Painter, and Tribe on emoluments.
Finally, check out Prof. Cunningham’s article on the original meaning of “misdemeanors” here.

-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

November 15, 2019November 15, 2019

Transcript of OA332: Your Two New Best Friends, Bill Taylor and George Kent

Listen to the episode and read the show notes

Show Topics:

[Show Intro]

Thomas: Hello and welcome to Opening Arguments, this is episode 332. I’m Thomas Smith, that over there is Andrew Tor-rez. How’re you doing Andrew?

Andrew: [Laughs] I’m doing fantastic Thomas, any reason you decided to shift the emph-asis to the second syll-able on my last name?

Thomas: Oh, I think this is not really you, this is the clone that you sent. You’re still in Italy.

Andrew: [Laughs]

Thomas: And you sent either a clone or just somebody who can do your voice, I dunno, and maybe that’s why. Yeah, are you back? You’re finally-

Andrew: I’m back, baby!

November 14, 2019November 16, 2019

OA332: Your Two New Best Friends, Bill Taylor and George Kent

Today’s episode ran so long that we’re going to give you a BONUS episode tomorrow. What did we get through? Well, we break down almost everything about the first day of televised public hearings in the House of Representatives’ impeachment inquiry. You absolutely, positively do not want to miss this!

We begin, however, with a plug for our favorite charity event of the year, Vulgarity for Charity! To participate, just donate $50 or more to Modest Needs, and then send a copy of the receipt to vulgarityforcharity@gmail.com along with your request for a roast. You can even request that Thomas & Andrew roast the victim of your choice.

After that, it’s time to tackle a wide variety of legal topics related to the Taylor and Kent testimony, including: (a) how their testimony fits into the elements of the crime of bribery; (b) the Republicans’ evolving defenses of Donald Trump; (c) the two lawyers picked to handle the bulk of the questioning; and much, much more.

Along the way, we also discuss the significance of the D.C. Circuit’s en banc refusal to rehear the subpoena decision in Trump v. Mazars and what comes next, as well as the status of Mick Mulvaney’s continuing efforts to defy the Congressional subpoenas.

After all that, it’s time for a milestone #T3BE involving hearsay and expert witness testimony.

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

Please do participate in our favorite charity event of the year, Vulgarity for Charity! To participate, just donate $50 or more to Modest Needs, and then send a copy of the receipt to vulgarityforcharity@gmail.com along with your request for a roast. You can even request that Thomas & Andrew roast the victim of your choice.
Remember: this is about bribery, 18 U.S.C. § 201.
This is the transcript of Sen. Kennedy on Face the Nation.
In terms of dirty tricks, here’s the link to Taylor’s closed-door deposition, where Castor outed the whistleblower, and here’s a link to his laughing during Fiona Hill’s deposition.
BONUS! Here’s the Politico article we rip apart in Episode 333 (“There’s a Surprisingly Plausible Path to Removing Trump From Office”) and… god help me.. the National Review article that actually gets it right.

-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

October 28, 2019October 28, 2019

Transcript of OA326: When the SCIF Hit the Fan

Listen to the episode and read the show notes

Topics of Discussion:

Announcements

[Show Intro]

New Show Intro

Thomas: Hello and welcome to Opening Arguments, this is episode 326. I’m your host Thomas Smith, that over there is Andrew Torrez, your legal expert and Andrew how are you doing? And I just remembered we all just heard a brand new intro that was so funny, I don’t even. I was laughing the whole time and I don’t even remember what the new quotes were!

Andrew: [Laughs]

Thomas: In this timeline I haven’t done it yet, but they were great, weren’t they? [Laughs]

October 24, 2019October 25, 2019

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

Share out the Episode 324 super-transcript with your favorite Uncle Frank today!
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.
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!

Download Link