Tag: forfeiture

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OA256: The Bladensburg Cross

Today’s episode takes a deep dive into the Bladensburg Cross case currently pending before the Supreme Court with special guest Sarah Henry of the American Humanist Association.  You’ll learn that Andrew is going to speak at the AHA rally on Wednesday, February 27 right before oral arguments!

We bookend the interview with an Andrew Was Right segment about the recent Supreme Court ruling in Timbs v. Indiana first discussed back in Episode 234.

And on the back end, we briefly discuss Clarence Thomas’s bizarre and dangerous concurrence in McKee v. Cosby.  Did Justice Thomas really call for the reversal of New York Times v. Sullivan?  (Hint:  yes, yes he did.)

After all that, it’s time for the answer to Thomas Takes The Bar Exam #115 about whether you can use facts contained in settlement negotiations.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances
Andrew was just a guest on Episode 87 of the So Here’s My Story podcast; go check it out!  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. Click here to check out the American Humanist Association.
  2. We first analyzed Timbs v. Indiana back in Episode 234.
  3. Click here to read Thomas’s concurrence in McKee v. Cosby., and here to brush up on the classic New York Times v. Sullivan.

Support us on Patreon at:  patreon.com/law

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Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

And email us at openarguments@gmail.com


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OA234: Civil Forfeiture, Berkeley & More!

Today’s deep-dive Tuesday tackles a viral oral argument before the Supreme Court in Timbs v. Indiana regarding civil forfeiture — and a delightful question (that inspired the graphic for the show notes) about whether the state can seize your Bugatti for speeding.  Oh, and we check back in on the Ann Coulter v. Berkeley lawsuit that was recently settled.  What happened?  Listen and find out!

We begin with the Berkeley settlement, and break down exactly what the University did (and didn’t) promise to do going forward.  Is this a “big win” for the right wing?  (Hint: no.)

Then, it’s time to delve deeply into Timbs v. Indiana and discuss the law of civil asset forfeiture, the doctrine of proportionality, and even the concept of incorporation.  Yes, it’s a crazy Civ Pro kinda day.. you won’t want to miss it!

Then, it’s time for a BRAND NEW SEGMENT — “Yodel Mountain Remembers!”  We think you’re gonna love it!

Oh, and we also tackle a terrific listener question about the “apology doctrine” and the nation that made apologies famous — Canada (of course).

After all that, it’s time for the answer to Thomas Takes The Bar Exam #104 regarding government action and the warrant requirement of the Fifth Amendment.  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. Click here to read the Berkeley settlement.
  2. This is a link to the oral argument in Timbs v. Indiana.
  3. Finally, you can check out Maryland’s “apology law,” Maryland Code, Courts and Judicial Proceedings Article, § 10-920(b), by clicking here.
  4. This is the delightfully demented Corsi lawsuit against Mueller,

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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OA211: Manafort Flips (and more on Kavanaugh)

Today’s Rapid Response Friday tackles (1) Paul Manafort’s plea deal and (2) the surprise resumption of the Senate Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford’s allegations, which are discussed in depth on Episode 158 of Serious Inquiries Only.  What should you look for during Monday’s hearings?  Listen and find out!

We begin with an acknowledgment of the story sent to us by several hundred thousand listeners regarding crazy person Cody Wilson.

After that, it’s time for an important Andrew Was Wrong:  Paul Manafort did not plea over the weekend; he pled guilty pretty much the second we stopped recording!  We break down everything there is to know about his deal, including the strong incentives Manafort has not only to cooperate but to roll over and expose his belly to Mueller’s team in hopes of being thrown a bone or two.  Oh, and we time-travel back to the 19th century to answer a super-interesting listener question on asset forfeiture!

Then, it’s time to discuss Kavanaugh again, in light of the troubling accusations made by Dr. Ford and other issues, including the Democratic Senators’s FOIA lawsuit compelling the production of Kavanaugh’s documents that are being withheld while the Republicans try and cram through his nomination.  It’s not a pretty segment, but we think you’ll walk away equipped to understand Monday’s hearings.

After all that, we end with an all new Thomas Takes The Bar Exam #94 regarding Congressional delegation of rule-making authority.  Will Thomas get back on track with just one extra wrong answer to give in the next six questions?  Yu’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

Andrew will be debating originalist (and Kavanaugh clerk!) Justin Reed Wilson in Louisville, Kentucky on September 27; click here for the Facebook RSVP link if you’d like to attend!

Show Notes & Links

  1. For an in-depth analysis of Dr. Ford’s allegations against Kavanaugh, listen to Episode 158 of Serious Inquiries Only.
  2. You should really read through Mr. Ostrich-Jacket’s plea deal for yourself.  (And yes, that’s the show graphic.)  This is the TPM article Andrew criticizes; as you’ll see from the Sentencing Table, Manafort faces 210-262 (or more) months in prison.
  3. Here’s the polling aggregator from our friends at 538.; as of today, Democrats have a 1-in-3 chance of retaking the Senate.
  4. Click here to read Blumenthal v. US Nat’l Archives, the FOIA complaint filed by the Senate Judiciary Democrats, and here to read the Motion for TRO (which does not yet have an accompanying Memorandum).  FOIA is 5 U.S.C. § 552.
  5. Finally, this is the text of the Sanai letter describing Alex Kozinski and seeking an investigation into Kavanaugh’s knowledge and testimony.

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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