Transcript of OA341: Articles of Impeachment (& Espinoza)

Listen to the episode and read the show notes

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 341, I’m Thomas, that’s Andrew.  How’re you doing, Andrew?

Andrew:         I am spectacular, Thomas!  How are you?

Thomas:         Ah, doing great.  I can’t wait for today’s episode, I wanna learn more about impeachment, and I also love that you’ve slotted our Wild Card segment that [Laughing] we haven’t been able to get to for, I dunno, a month.

Andrew:         [Laughs]  

Thomas:         You’ve slotted that into the A Segment to make sure we get to this good listeners question.  But before all that, a quick 35-minutes on my Fantasy Football birth.

Andrew:         [Laughs]  

Continue reading “Transcript of OA341: Articles of Impeachment (& Espinoza)”

OA341: Articles of Impeachment (& Espionza)

Today’s episode breaks down the Articles of Impeachment currently being debated in the House Judiciary Committee. Find out Andrew’s disappointment, the hidden clause that lets the Senate consider Mueller evidence (if they want), and what these articles can’t let the Senate evaluate in determining whether to impeach Trump. You won’t want to miss it! Oh, and also, you’ll get a mini-deep-dive on the Espinoza decision and so much more!

We begin with an important listener question about whether Donald Trump could plead the 5th Amendment during the impeachment process. The answer might surprise you — and you’ll enjoy the deep dive into the Constitutional protections against self-incrimination.

Then, during the main segment, we tackle the two articles of impeachment in depth, evaluating what crime(s) the articles consider, how they respond to the Republican arguments, and much, much more.

After that, we’re excited to bring you a segment in which law students can win up to $10,000 in an essay-writing contest that also gives you a chance to make a real difference in a case pending before the Supreme Court, Espinoza v. Montana Dep’t of Revenue.

Then, of course, it’s time for another #T3BE, this time about a homeowner who paints over some water damage. Is there a viable reason for the buyer to rescind the contract, or is it “buyer beware”? Listen and play along on social media!


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. Our opening segment discusses the 1957 Supreme Court case of Watkins v. U.S. and also references this 1956 law review article.
  2. Our omnibus impeachment explainer is Episode 319 (you can also read the transcript for that episode).
  3. This is the text of Rep. Nadler’s proposed two articles of impeachment.
  4. Finally, if you’re a law student, please do check out the FFRF essay contest! Resources: (a) Art. X, Sec. 6 of the Montana Constitution; (b) Montana Code Ann. § 15-30-3101 et seq.; and (c) the FFRF amicus brief in Espinoza.
  5. Also, don’t forget that we broke down Trinity Lutheran before the Supreme Court ruled way back in Episodes 14, 17, and 18, and then dissected the travesty of an opinion in Episodes 82 and 85. Phew!

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