Tag Archives: David Pecker

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.

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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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