Transcript of Episode 310 – Citizenship and the Military and…

OPENING ARGUMENTS EPISODE # 310

Citizenship and the Military and…

[Show Introduction]

Thomas:           Hello and welcome to Opening Arguments this is episode 310, I’m your host Thomas Smith, that over there is Andrew Torrez.  How you doin’ Andrew?

Andrew:          I am fantastic Thomas, how are you?

Thomas:           I am doing great!  We got so much to talk about, oof!

Andrew:          [Laughs]

Thomas:           Big news week!  There is so much to cover we are surely not going to be able to accomplish it, but some announcements first, probably mostly related to what we can’t do, [Chuckles] or don’t have time to do.  So I have a note here that we’re doing opioids on Tuesday?  So I guess the news cycle’s gotten that we’re just out with it?

Andrew:          [Laughs] Yeah!  That’s right!

Thomas:           Alright!

Andrew:          You and I are gonna sit in a room and take as much Oxy and – no.  We’re going to discuss the landmark opioid trial-

Continue reading “Transcript of Episode 310 – Citizenship and the Military and…”

OA310: Citizenship and the Military and…

Today’s Rapid Response Friday takes a look at the recent Trump Administration memorandum “clarifying” the rules on military citizenship for children born to U.S. employees — largely, those in the armed forces — serving overseas. Is it as bad as you’ve heard? (Yes.) Is it actually worse than that? (Yes.)

First, though, we continue to revisit the apportionment question discussed in Episode 307. Have we finally crowdsourced a solution? The answer may surprise you!

After that, it’s time for a deep dive into the latest policy manual update from the department of U.S. Citizenship and Immigration Services “clarifying” that servicemembers living overseas don’t actually count as “living in the United States.” Will this cause Trump-supporting military members to vote for Elizabeth Warren in 2020? (No.) Should it? (Yes.) Is it way, way worse than you could possibly imagine? Oh yes.

After that, it’s time for a very brief Andrew Was Wrong (the best kind!).

Then, it’s time for an all-new Thomas Takes the Bar Exam, in which we have… something approaching “Don’t Take Legal Advice From A Podcast” Law? You won’t want to miss this question involving a disgruntled landlord and a put-upon law student. Can Thomas break his losing streak? 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 first covered the potential apportionment crisis in Episode 307.
  2. You can read the latest policy manual update from the department of U.S. Citizenship and Immigration Services for yourself.
  3. The relevant legal provisions of the Immigration and Naturalization Act are 8 U.S.C. § 1401, 8 U.S.C § 1431, and 8 U.S.C. § 1433.
  4. This is the August 15th, 2019 story about how the Trump administration continues to use the “out-of-wedlock” rule against LGBTQ couples.
  5. Finally, this is the garbage, racist National Review article on birthright citizenship, and this is U.S. v. Wong Kim Ark, 169 U.S> 649 (1898).

-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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OA296: Understanding the Jeffrey Epstein Indictment

Today’s episode gives you the legal background you need to understand all of the different legal fronts in the various pending proceedings involving Jeffrey Epstein and the allegations of underage sex trafficking, including the recent criminal indictment in the Southern District of New York, currently pending civil defamation lawsuits against Epstein associates (including Alan Dershowitz), and the effort to reverse the non-prosecution agreement in Florida.

We begin, however, with a preview of some HUGE NEWS — our upcoming live show in New York City the weekend of August 9, 2019! Clear your calendars now and get ready to come see us live and in person!

Then, it’s time to unpack all of the various legal proceedings surrounding Jeffrey Epstein. (For more of a factual analysis of the Florida non-prosecution agreement, check out Episode 259.) You’ll learn about the various defamation lawsuits, their status, and what’s next. And then you’ll also learn where we stand with respect an effort that’s now 11 years old by Epstein’s victims to revoke the non-prosecution agreement. And after all that, we also break down exactly how to parse the deluge of news that’s soon to come out in all of these cases.

After that, it’s time to check back in on the Trump administration’s efforts to defy the Supreme Court and still insert a citizenship question on the census. Learn what Andrew predicts will happen at Trump’s press conference, why the New York court denied certain DOJ lawyers leave to withdraw, what’s next in both the Maryland and New York cases and more!

Of course, no episode would be complete without #TTTBE! This week’s Thomas Takes The Bar Exam is question #134 about criminal law. When a jewelry thief poses as the mayor’s rich and powerful son, what kinds of crimes could he be charged with? You’ll just have to listen and find out!

Appearances

Andrew was just a guest host on Episode 100 of the Skepticrat; check it out! And if you’d like to have either of us as a guest on your show (or at your live show!), drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Don’t forget to vote for us in the Podcast Awards by clicking on that link (or heading to www.podcastawards.com), clicking the blue “>> Nominations Now Open <<” box, registering with your email, and then selecting us in the drop-down boxes for “People’s Choice” and “News and Politics.” Thank you!!
  2. We last discussed the Epstein case in Episode 259.
  3. Various court documents: here’s the (a) Second Circuit’s ruling to unseal documents in Giuffre v. Maxwell; (b) the Complaint in Giuffre v. Dershowitz and (c) the 2007 Epstein non-prosecution agreement in Florida.
  4. This is the text of the Crime Victims’ Rights Act of 2004, 18 U.S.C. § 3771. Judge Marra ordered that it did violate the CVRA, but that didn’t necessarily mean that the plea deal would be torn up. Judge Marra (SDFla.)’s ruling can be found here.
  5. Here’s the Snopes article about face-swapping Clinton’s face over Trump’s.
  6. Finally, here are the Maryland local rules.


-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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OA294: How To Fix The Supreme Court!

Today’s episode reveals Andrew’s plan for how to fix the Supreme Court! Oh, and while you’re here, we’d love it if you would vote for us in the Podcast Awards by clicking on that link (or heading to www.podcastawards.com), clicking the blue “>> Nominations Now Open <<” box, registering with your email, and then selecting us in the drop-down boxes for “People’s Choice” and “News and Politics.” Thank you so much!

We begin with a detailed breakdown of the developments in the multiple census cases in light of the Supreme Court’s ruling last week in Department of Commerce v. New York, which we last discussed in Episode 292. Find out how a parallel case in Maryland may be the key to finally keeping the citizenship question off of the 2020 census!

Then, it’s time for a deep dive. We begin with Bernie Sanders’s answer at the first Democratic Debate, pivot to a discussion of Daniel Epps’s “Supreme Court Lottery” plan, and finally end with the option Andrew prefers. How to fix the Supreme Court? Is it Constitutional Hardball? Listen and find out!

After all that, it’s time for a quick Yodel Mountain update on the status of the Democratic effort to get Trump’s tax returns. Good news, everyone!

And then, as if that wasn’t enough, it’s time for the most pointless Thomas Takes The Bar Exam Question… ever! It’s #133, it’s Real Property, and it’s terrible. And if you would like to participate in this self-inflicted torture, just share out this episode on social media, include your answer and the hashtag #TTTBE, and we will shower one lucky winner with never-ending fame and fortune(*)! (*) – subject to the terms and conditions as set forth orally during this show.

Appearances

Andrew will be a guest at the Mueller She Wrote live show in Philadelphia, PA on July 17, 2019; click that link to buy tickets, and come up and say hi! And remember: if you’d like to have either of us as a guest on your show (or at your live show!), drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Don’t forget to vote for us in the Podcast Awards by clicking on that link (or heading to www.podcastawards.com), clicking the blue “>> Nominations Now Open <<” box, registering with your email, and then selecting us in the drop-down boxes for “People’s Choice” and “News and Politics.” Thank you!!
  2. We last discussed the census question and the Supreme Court’s opinion in Dep’t of Commerce v. New York in Episode 292.
  3. You’ll want to read the brief transcript of the telephonic hearing held in front of Judge Hazel in the Maryland case. And you can click here if you want to monitor the Supreme Court’s docket to look for the Government’s potential motion.
  4. This is the text of Rule 62.1, which was certainly new to Andrew.
  5. This is a transcript of the second night of the Democratic debate, which contained Bernie Sanders’s Supreme Court answer.
  6. You can click here to read Epps & Sitamaran’s law review article, “The Supreme Court Lottery,” for yourself, and you can fact-check Andrew’s points about the composition of the federal bench here.
  7. Finally, don’t forget to check out jurisdiction-stripping in Ex Parte McCardle, 74 U.S. 506 (1868) and the original law review article written by Charles E. Rice (“Congress and the Supreme Court’s Jurisdiction”).

-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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OA292: The End of Democracy

Today’s rapid response episode breaks down the latest decisions from the Roberts court, including the ostensible “win” in Dep’t of Commerce v. Ross (the citizenship question case), and the crushing loss in Rucho v. Common Cause (the gerrymandering cases). Oh, and along the way we’ll also discuss the opioid crisis and the news that Robert Mueller will testify before the House Judiciary Committee. It’s going to be a long and wild ride, so strap in!

We begin by taking a quick trip to Yodel Mountain to discuss the significance and substance of the Congressional subpoena issued to Robert Mueller. What does it all mean? Listen and find out!

Then, it’s time to break down the theory and developments in State of Oklahoma v. Purdue Pharma, et al., CJ-2017-816, the case that’s at the forefront of the efforts to hold pharmaceutical companies responsible for their role in causing the opioid crisis in this country. Find out what a “public nuisance” is, whether manufacturing and selling opioids is one, why this case is important, and much, much more!

After all that, it’s time for the main event: breaking down the Supreme Court’s decisions in Ross and Rucho. Find out why Andrew thinks that John Roberts wrote the Ross opinion going the other way until the evidence broke regarding Thomas Hofeller, and how that means the entirety of the new game is: Shame Justice Roberts. (Oh, and also you’ll learn along the way that our democracy is screwed.)

After all that, it’s time for an all-new, all-awesome Thomas Takes The Bar Exam about strict liability and de-fanged venomous snakes. What madness transpires? Listen and find out, and then play along with #TTTBE on social media!

Appearances

Andrew will be a guest at the Mueller She Wrote live show in Philadelphia, PA on July 17, 2019; click that link to buy tickets, and come up and say hi! And remember: if you’d like to have either of us as a guest on your show (or at your live show!), drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. You can read the Court’s opinion in Dep’t of Commerce v. Ross (the citizenship question case) as well as Rucho v. Common Cause (the gerrymandering case).
  2. Click here to read the Complaint in State of Oklahoma v. Purdue Pharma, et al., CJ-2017-816.
  3. Finally, you can check out the Los Angeles Times article on Purdue Pharma we referenced on the show as well as click here for more information on the MDL litigation pending before U.S. District Judge Dan Polster.

-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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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!





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OA262: Is Gideon v. Wainwright in Trouble??

Today’s episode is inspired by the 56th anniversary of Gideon v. Wainwright, one of the most famous and celebrated landmark Supreme Court cases that guarantees indigent defendants the right to a court-appointed lawyer.  Is it under attack from our right-wing Supreme Court?  (You bet it is.)

We begin with a quick update on the recent district court opinion in California v. Ross and what that means for the 2020 Census.

Then, it’s time for an Andrew Was Right segment a update on the New York appellate court’s ruling in the Summer Zervos lawsuit.  As it turns out, Donald Trump does have to respond to Summer Zervos’s lawsuit — just like Bill Clinton had to respond to Paula Jones’s.

Then it’s time for a terrifying deep dive into Clarence Thomas’s dissent in the Supreme Court’s recent decision in Garza v. Idaho.  What’s the case about, and why is Thomas using it as a vehicle to try and overturn one of the most basic and fundamental rights criminal defendants enjoy today?  Listen and (sadly) find out.

After all that, it’s time for a fun listener question about footballer Wayne Rooney and public obscenity laws.

Then, it’s time for the answer to Thomas Takes The Bar Exam #118.  Did Thomas get a dreaded real property question correct??  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. Click here to read the recent district court opinion in California v. Ross.
  2. Check out the New York appellate court’s ruling in the Summer Zervos lawsuit.
  3. If you have the stomach for it, read Clarence Thomas’s dissent in the Supreme Court’s recent decision in Garza v. Idaho.
  4. In the question-and-answer section, we discussed this statute, Rooney’s arrest record, and Cohen v. California.

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

 

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