Transcript of OA353: Duplicity and Impeachment

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, oh this is gonna be fun.  It’s episode 353, and no that is not the Megatron voice, I just sound like this.  How’s it going, Andrew?

Andrew:         Ah, it’s going fantastic for me.  I would ask how you are doing, but I know how you’re doing.

Thomas:         Well, I took enough ibuprofen to get down to a nice manageable 101-

Andrew:         Ooof!

Thomas:         Which is better than 102.8 or whatever.  There’s a big difference in that one degree.

Continue reading “Transcript of OA353: Duplicity and Impeachment”

OA353: Duplicity and Impeachment

Today’s episode won’t be a surprise; we’re tackling all the developments in the impeachment trial of Donald J. Trump, including a deep dive into the trial brief filed by his cadre of (terrible) lawyers that alleges a strange new legal defense: “duplicity.” Figure out what it all means & why there’s so much reason to hope on today’s show!

We begin with a letter a listener received from Sen. Todd Young and a call to action to each of you to CALL YOUR SENATORS. The Senate switchboard is (202) 224-3121. They’ll connect you! For the Republicans, make this simple request (and be polite!):

“I’d like to speak with Senator ____’s office.  Hi, I’m _____, I’m a constituent, and I’m calling to ask Senator ____ to vote in favor of allowing the Senate to subpoena documents and witnesses in the impeachment trial.  I don’t know how we can decide if Trump is innocent or guilty without seeing all of the evidence.  Thank you.” 

For the Democrats, call them and thank them for their promise to vote for subpoenaing documents and witnesses. That’s all! It’s that easy and you can REALLY MAKE A DIFFERENCE.

Then, it’s time for the main segment, where we delve into all of the supposed “impeachment rules” — do they really have to drink milk? — and why S. Res. 438 gives us some reason for optimism.

After that, it’s time to deconstruct the “cargo cult legal brief” filed by Trump’s lawyers. How is it lying nonsense and what’s the next bizarre and false argument they’re going to make in the trial? We tell you! We also explore the legal doctrine of “duplicity,” and show how… duplicitous that argument is in Trump’s brief.

Then, of course, it’s time for a brand-new #T3BE on contemporaneously recorded notes and hearsay. Will Thomas build on his three-question winning streak? Will you get it right? There’s only one way to find out….


None! If you’d like to have either of us as a guest on your show, drop us an email at

Show Notes & Links

  1. Rules: click here to read Riddick’s Senate Procedure, and here for the just-adopted S. Res. 438.
  2. Strap in: this is the cargo cult Trump trial brief, and here are the House Articles of Impeachment.
  3. Remember that the two crimes covered by the Articles are bribery, 18 U.S.C. § 201(b)(2) (included in Art. I, Abuse of Power) and obstruction of justice, 18 U.S.C. § 1505 (included in Art. II, Obstruction of Congress).
  4. Here’s the interview reported by Politico in which Mulvaney conceded there was a quid pro quo (and “get over it”)!
  5. Finally, if you really want to dig into “duplicity,” check out U.S. v. Kearney, 451 F.Supp. 33 (S.D.N.Y. 1978).

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