OA257: Michael Cohen Testifies, Part 1

Today’s episode breaks down ex-Trump fixer Michael Cohen’s testimony before the House of Representatives and all the Yodel Mountain implications that stem from it.  What’s next?  Listen and find out!

We begin, however, with an update on the American Legion v. American Humanist Association case where Andrew recently spoke at the AHA’s #HonorThemAll rally.

After that, it’s time to find out about Florida Rep. Matt Gaetz who attempted to intimidate Michael Cohen and… may have gotten into some legal trouble thanks to this show and it’s listeners!

Then, we begin breaking down the Cohen testimony… but there’s so much here to cover, we decided to  keep going for yet another hour, and you’ll get that tomorrow!

For the first time, we don’t end with a brand new Thomas Takes the Bar Exam Question, but you’ll get #116 tomorrow.  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!  And 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
1.18 U.S.C. § 1512  Tampering with a witness, victim, or an informant. (B) governs witness tampering
2. Gaetz timeline from The Washington Post
3. Florida Bar Rules of Professional Conduct Rule 4-8.4(d) “prohibits a lawyer from engaging in conduct that is prejudicial to the
administration of justice.”
4. Isaac Dovere at the Atlantic tweeting about Gaetz
5. Cohen is subject to 18 U.S.C. § 1001: Statements or entries generally (a)(2) “makes any materially false, fictitious, or fraudulent statement or representation; or”
6. 18 U.S.C. § 1622  Subornation of perjury
7. Marcy Wheeler’s article: How Trump Suborns Perjury
8. Here are the documents Michael Cohen brought to Congress
9. Kansas potential emoluments violation

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OA217: Can Ethics Complaints Take Down Kavanaugh?

Today’s Rapid Response Friday follows up on the State of Florida and… sadly… returns one last time to the story of Brett Kavanaugh and the ethics complaints lodged against him and referred to the Tenth Circuit.  Oh, and we give you real stuff you can do to make a positive difference!  You have to listen!

We begin with a follow-up to Tuesday’s episode where we break some news regarding the Democratic Party’s lawsuit in Florida to extend registration for voting in the 2018 midterms before checking in on the Common Cause/League of Women Voters lawsuit we first discussed on Episode 216.

Then it’s time to tackle the ethics complaints filed against Brett Kavanaugh and referred out by Supreme Court Chief Justice John Roberts to the Court of Appeals for the Tenth Circuit.

Finally, we end with an all new Thomas Takes The Bar Exam #97 regarding the tort of negligent misrepresentation.  Thomas needs to go 4-for-4… can he do it?  You’ll have to listen and find out!  And, of course, 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

Thomas will be at QED in Manchester, UK on Oct. 13 and 14.

Show Notes & Links

This episode is sponsored by Audible!  Go to audible.com/lawpod or text lawpod to 500500 for the 30-day trial and free audiobook!

  1. Click here to read the court’s denial of the TRO filed by the Democratic Party’s in Florida to extend registration for voting in the 2018 midterms.
  2. And click here to read the newly-filed Common Cause/League of Women Voters lawsuit we first discussed on Episode 216.
  3. We first discussed the Code of Judicial Ethics on Episode 193.
  4. This is the Roberts letter referring the Kavanaugh complaints to the Court of Appeals for the Tenth Circuit.
  5. Click here to read the Rules of Judicial Conduct and Judicial Disability, with proposed changes.
  6. The law we discussed is 28 U.S.C. § 351 et seq.
  7. WHAT YOU CAN DO!  Click here to comment on the proposed changes to the Rules of Judicial Conduct and Judicial Disability.
  8. And if you want to apply to work for Fix The Court, check out their notice here.

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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