Tag Archives: David Pecker

OA263: Nielsen v. Preap and Due Process Due Aliens

Today’s breaking news episode contains your guide to the hotly-debated Supreme Court decision in Nielsen v. Preap, regarding how and whether aliens can be detained without due process.  What does it all mean?  Listen and find out!

We begin, however, with a brief update on the Congressional Investigations we discussed in Episode 259 with the news that Hope Hicks will cooperate.  Listen to our past episode if you don’t realize how huge this is.

Then, we move on to some news regarding a recent order handed down by Judge Kollar-Kotelly in the District Court for the District of Columbia with respect to the trans ban.  We dive into the unique procedural issues giving rise to this order and tamp down on your enthusiasm that this may put the trans ban in jeopardy.

Then, it’s time for our main segment breaking down Nielsen v. Preap. We tell you exactly what this decision means along with the reasons why the Court reached the result it did.

But that’s not all!  After that, we have our weekly trip to Yodel Mountain with two items:  (1) an Andrew Was Right about the source of the National Enquirer‘s acquisition of compromising material about Jeff Bezos; and (2) a follow-up on the New York indictment of Paul Manafort.

And if all that isn’t enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #119 involving long-term contracts for the sale of wheat.  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. First discussed trans ban back in Episode OA: 247
2. We were assisted by Alice Ashton – trans Arabic linguist who contributed to the Advocate article located here and by Deirdre Anne Hendrick.
3. Here is a link to Directive-Type Memorandum (DTM) 19-004.
4. Pre Show: Hicks to cooperate. This is HUGE!
5. 1/4 – DC Cir. Reversed and vacated the injunction.
6. 1/22 – Supreme Court lifted the stays in two of those cases. We covered it the next day on Episode OA: 247.
7. Next day, on 3/8, the government filed a notice and this is the Plaintiffs’ response.
8. Here is the link DC Circuit’s Opinions issued 3/8
9. Judge Kollar-Kotelly’s 3/19 Order
10. 3/20 Gov’ts Motion to Clarify
11. Nielsen v. Preap is linked Here
12. 8 U.S.C. § 1226(a) vs. (c) – 1952
13. Demore v. Kim, 538 US 510 – Supreme Court 2003
14. Wall Street Journal article on Becker/Bezos
15. CHN article on the problems with New York’s double jeopardy.

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Don’t forget the OA Facebook Community!

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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



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OA236: Stairway to… the Supreme Court??

Today’s deep-dive Tuesday tackles a long-running lawsuit by the estate of Randy California — the founder, lead singer, and guitarist for the band Spirit — alleging that Led Zeppelin stole the iconic riff for “Stairway to Heaven” from Spirit’s 1968 song “Taurus.”  With assistance from Thomas on guitar, we tackle all of the fun issues that are currently pending before the 9th Circuit… and possibly headed to the Supreme Court!

We begin, however, with two follow-up questions that got cut from Friday’s blockbuster show regarding the American Media, Inc. plea agreement:  (1) Could David Pecker still be indicted? and the big one:  (2) Can Donald Trump pardon a corporation?  The answer… may surprise you!

After that, it’s time for a deep dive into the law regarding musical copyright and an exploration of the similarities and differences between “Taurus” and “Stairway to Heaven.”  Where do Andrew and Thomas come out?  You’ll have to listen to find out!

After that, it’s time for the answer to Thomas Takes The Bar Exam #105 regarding a bank and a car dealership attempting to modify a contract.  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. We discussed the AMI deal in Episode 235.
  2. You can check out Spirit’s “Taurus” by clicking here.
  3. Click here to read the original (and awesome!) Randy California v. Led Zeppelin complaint; you can also read (1) the jury verdict by the trial court; (2) the brief filed by Taurus in the 9th Circuit; (3) the opposition brief filed by Led Zeppelin; (4) the 9th Circuit’s ruling; (5) the petition for rehearing en banc filed by Led Zeppelin; (6) the opposition to that motion for rehearing en banc; and (7) the just-filed reply brief by Led Zeppelin (filed 12-10-08).  Phew!
  4. Finally, click here for a mashup of “My Sweet Lord” (George Harrison) and “He’s So Fine” (The Chiffons).

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



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OA235: Corporations Are People, My Friend… Criminal People

Today’s Rapid Response episode takes a look at three breaking stories related to the White House:  (1) the recent ruling requiring Stormy Daniels to pay Trump’s attorneys’ fees; (2) the sentencing of Trump’s former lawyer, Michael Cohen; and (3) most importantly, the plea deal signed by American Media, Inc. — parent company to the National Enquirer — to cooperate with the Special Counsel’s Office.

We begin by revisiting the question of whether, in fact, Stormy Daniels is still a legal genius.  (Hint:  she is.)  But what does it mean that a court just ordered her to pay Trump nearly $300,000 — and why could it have been much, much worse?  Listen and find out.

After that, we check out Trump’s ex-“fixer” and the former Taxi King of New York, Michael Cohen, who was just sentenced to three years in prison.

Then it’s time for a fascinating look into a non-prosecution agreement reached between the Special Counsel’s Office and American Media, Inc. that tell us an awful lot about where Yodel Mountain is headed.

Finally, we end with an all new Thomas Takes The Bar Exam #105 on modifications to a contract.  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. Here’s the merits ruling defamation we referenced during the show; you can also check out Trump’s motion for attorneys’ fees, Avenatti’s (rather weak) opposition brief, and the court’s ruling directing Stormy to pay almost $300,000.
  2. And because it never ends, check out the mediation questionnaire filled out by Avenatti for their appeal to the 9th Circuit.
  3. You know you want to read the press release regarding Michael Cohen’s sentence; after that, you can check out the sentencing memoranda filed by the SCO’s office (“good cop”) as well as the brief filed by the SDNY (“bad cop”).
  4. Finally, this is the AMI agreeement as well as the DOJ guidelines on prosecuting corporations.
  5. Oh, and just for fun, here’s Jose Canseco’s audition to be Trump’s Chief of Staff.  #YesWeCanseco

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



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