Transcript of OA366: Your Guide to the Coronavirus!

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 366.  I’m Thomas Smith, and, uh, we can’t have nice things Andrew.  How’re you doing?

Andrew:         [Sighs] Ahhh, yeah.  It’s not a great day for me, although I am wearing a full gas mask so that will prevent me from-

Continue reading “Transcript of OA366: Your Guide to the Coronavirus!”

OA366: Your Guide to the Coronavirus!

Today’s episode breaks down force majeure clauses in contracts and takes a look at what might happen in the next few weeks as the world prepares to deal with COVID-19 coronavirus. Along the way we also tackle the news of the week, including the baffling decision out of the DC Circuit not to require Don McGahn to testify. You won’t want to miss this episode!

We begin, however, with some recurring Vice Presidential/line of succession questions and take a mini-deep-dive into the absolutely bonkers elections of 1796 and 1800 that produced the 12th Amendment, and what it says about vice-presidential qualifications.

After that, it’s time for our main segment on coronavirus, which includes a deep dive into various cases where contracts have been broken due to “acts of god.” Is a global pandemic an “act of god?” Listen, find out, and you’ll soon be able to whip out four-part tests if your hotel tries to cancel your room due to coronavirus scares.

Then, it’s time to pick apart the D.C. Circuit’s 2-1 baffling opinion that the House Oversight Committee lacks standing to go to a court to enforce its subpoena over Don McGahn. This is technically an “Andrew Was Wrong,” because Andrew did not imagine that any judges with functioning brain cells could have authored an opinion this bad. Find out what’s next!

After all that, it’s time for a brand new Thomas Takes the Bar Exam involving a tainted witness identification. And remember that you too can play along by sharing out this episode on social media and using the hashtag #T3BE.

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. For all your Vice Presidential qualification questions, check out the 12th Amendment!
  2. Here’s the D.C. Circuit’s decision in McGahn, and we also referenced Raines v. Byrd, 521 U.S. 811 (1997) and, of course, Opening Arguments’s good friend Richard Nixon in United States v. Nixon, 418 U.S. 683, 696-97 (1974).
  3. Finally, you can read Josh Chafetz’s law review article, “Executive Branch Contempt of Congress.”

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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA281: Follow the Money! (Analyzing Judge Mehta’s Order)

Today’s episode breaks down Judge Mehta’s recent order in the Trump v. Mazars litigation, which is parallel to the Deutsche Bank lawsuit we discussed on last week’s show. Why is this ruling significant, how does it accelerate the House’s efforts to uncover crucial financial documents, and what does this mean for the future of the Trump Presidency? Listen and find out!

We begin, however, with a look at some late-breaking news from Sen. Elizabeth Warren and Rep. Alexandria Ocasio-Cortez, who have requested information from Treasury Secretary Steven Mnuchin related to his tenure at Sears (that we discussed in Episode 273) and whether that conduct continued during his time working for the Trump administration.

Then, it’s time for the main segment, in which we discuss Judge Mehta’s order, what it means for the future of the Trump investigations (and for future presidential administrations!), as well as deal with skeptical questions about the potential timeframe. Learn how the Congressional Democrats maneuvered to get this case fast-tracked so as to avoid endless delays — and listen to Andrew’s possibly-surprising prediction about what he thinks the Supreme Court won’t do to protect Trump!

After all that, it’s time for a brand new Thomas Takes the Bar Exam #127… and yes, it’s another dreaded real property question. Worse, it’s a hard one — in which the question gives you the answer but asks for the best reason why. Find out what happens when someone conveys property and dies while the gift recipient is overseas serving in the military. And if you’d like to play along with #TTTBE, just share out this episode on social media for a chance to be next week’s winner!

Appearances

Andrew was a guest on the most recent episode of Pod Therapy, discussing the “Goldwater Rule,” and Thomas was a guest on Episode 196 of God Awful Movies, “Alien Intrusion: Unmasking a Deception.” 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 link to the Warren/AOC letter to Mnuchin

2.  We most recently discussed the Congressional subpoenas into Trump’s finances in Episode 279.

3.  Text of Judge Mehta’s order in the Mazars case.

4.  This is the New York Times story about the Deutsche Bank whistleblower; and for an in-depth discussion of SARs reports, check out Carla McCadden in Episode 174.

5.  This is the report that some lenders have already provided documents to the House, and we discussed the Wells Fargo penalties in Episode 146 and 169.

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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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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