OA279: Deutsche Wanna Loan?

Today’s episode breaks down everything you need to know about the pending Trump v. Deutsche Bank lawsuit over the pending Congressional subpoenas for Donald Trump’s (and Don Jr.’s, and Eric’s, and Ivanka’s, and the Trump Organization’s) financial records. Why is Trump suing Deutsche Bank, and what’s going to happen? Find out why Andrew is still optimistic!

We begin, however, with the breaking news that Trump has pardoned Conrad Black. Who is he? Should this be a scandal? (Yes.) Will it be? (No.) And is Conrad Black a gigantic racist? (Guess.)

Then, it’s time for the main segment about Trump v. Deutsche Bank. We talk about the unique legal standard in the Second Circuit that gives the Trump legal team a legitimate thread by which to argue for their injunction preventing Deutsche Bank from disclosing Trump’s financial records to the House Committee.

Then, it’s time to answer a listener question from Rob Bate about conspiracy, obstruction, and the Mueller Report.

After all that, it’s time for a brand-new Thomas Takes The Bar Exam #126 involving whether shooting a would-be assailant who has broken off her attack is homicide, and if so, what kind.

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 a link to Conrad Black’s disgusting “Who Was Really At Fault In Charlottesville?” essay.
  2. Check out the Wikipedia entry on Michael McFaul.
  3. And his testimony to the House Intelligence Committee.
  4. Here are the Trump v. Deutsche Bank documents
    -The Complaint
    -Trump’s Motion for a Preliminary Injunction
    -Deutsche Bank’s statement
    -The House Committee’s Opposition
    -Trump’s reply memorandum
  5. We cited Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., 598 F.3d 30 (2010) for the proposition that the 2nd Circuit recognizes an alternative test.
  6. And, of course, credit for the fabulous “Deutsche Wanna Loan?” goes to our friends at Mueller, She Wrote

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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OA260: Res Ipsa Loquitur

Today’s episode is inspired by a law student listener question about a recent Thomas Takes The Bar Exam hypothetical, and takes a deep dive into the wonderful and wacky world of res ipsa loquitur.   What does that even mean?  You’ll have to listen and find out!

We begin with a brief Andrew Was Wrong segment about Donald Trump and drone use, followed up by an Andrew Was Right segment about multiple states suing to block the implementation of Trump’s HHS regulations relating to Title X that we discussed in Episode 258.

Then it’s time for that deep dive into res ipsa loquitur that you didn’t know you wanted until now!

After all that, it’s time for some Bonus Tuesday Yodeling, in which we check in on Roger Stone’s “Motion to Clarify” that was denied by Judge Jackson and an update on the House Republicans’ hilariously misguided efforts to try and discredit Michael Cohen by pointing out that he sure seems to like to lie on behalf of his client.  You won’t want to miss it!

Then, it’s time for the answer to Thomas Takes The Bar Exam #117.  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. Here’s a link to the Daily Beast article about Trump and drone strikes we teased in the opening segment.
  2. We’ve uploaded both Title X complaints:  the one filed by California as well as the multistate complaint.
  3. More on Title X:  click here for the actual law (42 U.S.C. § 300 et seq.); click here for the accompanying regulations (42 C.F.R. Part 59), and click here to read the new final rule promulgated by HHS regarding Title X.  And, of course, you can click here to read Rep. Cummings’s letter regarding the rule.
  4. This is Rep. Jordan’s “own goal” letter.
  5. Finally, here’s Judge Jackson’s Order regarding Roger Stone.

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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OA259: Your Guide to the Congressional Investigations

Today’s extra-long episode contains your guide to the Congressional Investigations, and specifically the 81 document requests sent out by Rep. Jerry Nadler to various Trump-related individuals and entities in connection with the Democratic Congress’s larger investigation into corruption, ties with Russia, and general criminal behavior by the administration.  What does it all mean?  Who are the key players?  Listen and find out!

We begin, however, with a brief Andrew Was Right — Michael Cohen is producing drafts of his Congressional testimony, which may support his claim that Trump’s personal lawyer, Jay “ACLJ” Sekulow edited his testimony to suborn perjury.

Then, it’s time for an in-depth look at the various documents requested by Rep. Nadler.  What does it all mean?  We break down the four major “buckets” of inquiries and tell you about some familiar faces… and some surprising new ones.

After that, it’s time to take a look into recent developments in the Jeffrey Epstein case and correct some reporting as to whether his non-prosecution agreement has really been torn up by the courts.  (It hasn’t.)

We end, as always, with a brand new Thomas Takes the Bar Exam Question #117 about the use of university space for a debate on affirmative action.  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 host on Episode 91 of the Skepticrat; go check it out!  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. Cohen to produce drafts of his testimony to Congress.
2. Congressional Investigations 162 documents served on 81 different people. Documents here:
3. Here’s a handy guide to who’s who in the investigation.
4. Here’s Hope Hicks’s documents request.
5. Here’s our tweet out to Rep. Nadler regarding Nader’s document requests:
6. Epstein. This is the text of the Crime Victims’ Rights Act of 2004, 18 U.S.C. § 3771.
7. Judge Marra’s ruling can be found 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

 

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