OA332: Your Two New Best Friends, Bill Taylor and George Kent

Today’s episode ran so long that we’re going to give you a BONUS episode tomorrow. What did we get through? Well, we break down almost everything about the first day of televised public hearings in the House of Representatives’ impeachment inquiry. You absolutely, positively do not want to miss this!

We begin, however, with a plug for our favorite charity event of the year, Vulgarity for Charity! To participate, just donate $50 or more to Modest Needs, and then send a copy of the receipt to vulgarityforcharity@gmail.com along with your request for a roast. You can even request that Thomas & Andrew roast the victim of your choice.

After that, it’s time to tackle a wide variety of legal topics related to the Taylor and Kent testimony, including: (a) how their testimony fits into the elements of the crime of bribery; (b) the Republicans’ evolving defenses of Donald Trump; (c) the two lawyers picked to handle the bulk of the questioning; and much, much more.

Along the way, we also discuss the significance of the D.C. Circuit’s en banc refusal to rehear the subpoena decision in Trump v. Mazars and what comes next, as well as the status of Mick Mulvaney’s continuing efforts to defy the Congressional subpoenas.

After all that, it’s time for a milestone #T3BE involving hearsay and expert witness testimony.

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. Please do participate in our favorite charity event of the year, Vulgarity for Charity! To participate, just donate $50 or more to Modest Needs, and then send a copy of the receipt to vulgarityforcharity@gmail.com along with your request for a roast. You can even request that Thomas & Andrew roast the victim of your choice.
  2. Remember: this is about bribery, 18 U.S.C. § 201.
  3. This is the transcript of Sen. Kennedy on Face the Nation.
  4. In terms of dirty tricks, here’s the link to Taylor’s closed-door deposition, where Castor outed the whistleblower, and here’s a link to his laughing during Fiona Hill’s deposition.
  5. BONUS! Here’s the Politico article we rip apart in Episode 333 (“There’s a Surprisingly Plausible Path to Removing Trump From Office”) and… god help me.. the National Review article that actually gets it right.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA330: The Impeachment Inquiry Explainer (& Pre-Embryos in Connecticut

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 330.

Andrew:         Woo!

Thomas:         Cool round and even number, multiple of ten.  How’s it going Andrew?

Andrew:         It is going fantastic Thomas, how are you?

Thomas:         Doin’ well, not as well as the man who is on the vacation that seemingly never ends, but-

Andrew:         [Laughs]  It ends!  Last day, last day man.

Continue reading “Transcript of OA330: The Impeachment Inquiry Explainer (& Pre-Embryos in Connecticut”

OA330: The Impeachment Inquiry Explainer (& Pre-Embryos in Connecticut)

Today’s episode is everything you need to walk your open-minded Uncle Clarence — you know, the one who watches Fox News, but not religiously, and isn’t quite sure what all this impeachment nonsense is about — through the key buzzwords of the week. And, as a bonus, we discuss an important decision regarding in vitro fertilization in Connecticut.

We begin, however, with the Explainer. How is this process different from (and more fair than) the Clinton impeachment? What is an impeachment “inquiry?” And why — oh god, why?!? — is everyone so focused on quid pro quo? You’ll find out the answers to all these questions and much, much more.

After that, it’s time to examine Bilbao v. Goodwin, which delves into the tricky question of what happens to a couple’s frozen pre-embryos after they break up? This case has been making the rounds in both pro-life and pro-choice circles — we’ll tell you exactly what it stands for and what comes next.

Then, of course, it’s time for an all-new #T3BE, in which Thomas tackles a breach-of-contract question. Can he keep his winning streak going?

Upcoming 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. For the full breakdown of the House Impeachment Inquiry resolution, H.R. 660, check out our discussion in Episode 328.
  2. And you can click here to read Bilbao v. Godwin.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA328: The Impeachment Inquiry Resolution! (H.R. 660)

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 328, still cruising!

Andrew:         [Laughs]  

Thomas:         I’m Thomas, that’s Andrew, always on a ship, on a boat, how’s it going Andrew?

Andrew:         It is going fantastically well, obviously the time I picked to take a vacation I am pleased that world events decided to take a vacation with us-

Thomas:         Yeah.

Andrew:         -and absolutely nothing is happening.

Thomas:         It’s not like the President’s being impeached or anything like that.

Continue reading “Transcript of OA328: The Impeachment Inquiry Resolution! (H.R. 660)”

OA328: The Impeachment Inquiry Resolution! (H.R. 660)

This week’s Rapid Response Friday breaks down exactly what’s in H.R. 660, the impeachment inquiry resolution, and what it means for the ongoing process. We also help you digest the legal significance of Alexander Vindman’s testimony and much, much more, so strap in!

We begin, however, with Thomas’s favorite segment — Andrew Was Wrong. Here, Andrew issues a correction regarding baseball law and the chemistry of high-fructose corn syrup (HFCS) from our popular Pizza, Beer & Guns episode.

After that, it’s time for a trip up Yodel Mountain where we digest H.R. 660, the soon-to-be-passed resolution authorizing the House Intelligence Committee to take the lead on the impeachment inquiry. Is it “still without any due process for the President,” as the White House claims? [No.] As a bonus, we also break down the companion change to the rules adopted by the House Rules Committee pursuant to the resolution that’s managed to confuse a number of media outlets.

But that’s not all! While we’re high atop Yodel Mountain, we also break down the significance of Alexander Vindman’s testimony this week regarding the Trump administration’s holding hostage of aid to Ukraine pending an “investigation” into Burisma, and Hunter and Joe Biden.

After all that, it’s time for #T3BE, in which Thomas tackles a dreaded real property question — this one about whether a grantee can revoke an easement. Those are words! Will Thomas decipher them?

Upcoming 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 H.R. 660, and here for the companion change to the rules. Here’s the Democratic summary of those changes.
  2. This is the transcript of Alexander Vindman’s opening statement, plus more on his testimony from the Washington Post and the (failing) New York Times, as well as the Politico story on how some Republicans are pushing back against attacks on Vindman.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA326: When the SCIF Hit the Fan

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Topics of Discussion:

Announcements

[Show Intro]

New Show Intro

Thomas:         Hello and welcome to Opening Arguments, this is episode 326.  I’m your host Thomas Smith, that over there is Andrew Torrez, your legal expert and Andrew how are you doing?  And I just remembered we all just heard a brand new intro that was so funny, I don’t even.  I was laughing the whole time and I don’t even remember what the new quotes were!

Andrew:         [Laughs]  

Thomas:         In this timeline I haven’t done it yet, but they were great, weren’t they? [Laughs]  

Continue reading “Transcript of OA326: When the SCIF Hit the Fan”

OA326: When the SCIF Hit the Fan

Today’s episode tackles all your latest developments from high atop Yodel Mountain, including the national security-threatening stunt led by America’s Dumbest Congressman, Matt Gaetz, as well as the significance of Bill Taylor’s testimony to the House Intelligence Committee.

We begin with a brief overview of the “due process” argument throughout history with an eye towards how it applies to the Trump impeachment.

From there, we move to a specific application: the (false) claim by Matt Gaetz and others that the House impeachment inquiry violates Trump’s rights of due process. Along the way, we’ll learn what a SCIF is and why it was such a big deal — a criminal big deal — that Gaetz and others violated it.

Then, it’s time to dive deeply into Bill Taylor’s testimony and how that fits into the overall impeachment picture and whether Trump is guilty of bribery with respect to Ukraine. (Hint: yes.)

After all that, it’s time for another fabulous #T3BE about an inexperienced innkeeper and a cleaning company that doesn’t work on Sundays. Play along on social media, and remember to #T3BE in your answer!

Upcoming 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. Share out the Episode 324 super-transcript with your favorite Uncle Frank today!
  2. This is the WIRED article we referenced on the technical data regarding SCIFs, and these are the 174-page technical guidelines set forth by the DNI.
  3. Laws! Obstruction of justice is 18 U.S.C. § 1505, bribery is 18 U.S.C. § 201, and the relevant portion of the Congressional Budget and Impoundment Control Act is 2 U.S.C. § 683.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA324: Trump’s 9 Crimes and Misdemeanors

Listen to the show and read the show notes

Topics of Discussion:

Thomas:         Hello and welcome to Opening Arguments, this is episode 324.  I’m Thomas, that’s Andrew.  How’re you doing, sir?

Andrew:         I am doing fantastic, Thomas!  Still on that high after our fabulous live show in Los Angeles.  How are you, man?

Thomas:         Ah, same!

Andrew:         [Laughs]  

Thomas:         The same.  That was so much fun!  Can’t wait for the next one wherever we do it. [Laughs]  

Continue reading “Transcript of OA324: Trump’s 9 Crimes and Misdemeanors”

The Ten Crimes of Trump

As Outlined in the Mueller Report (A Mini Transcript of OA 324)

I am more convinced than ever that Bob Mueller thought the immediate result of his report being released would be a vote within a couple of weeks in the House to impeach the President. I believe that.

– P. Andrew Torrez

Follow Along with the Full Report Here

Continue reading “The Ten Crimes of Trump”

OA324: Trump’s 9 Crimes and Misdemeanors

With impeachment in full swing, today’s episode reminds you that we already have more than enough evidence to impeach & remove Donald Trump from office for the nine distinct crimes documented by Robert Mueller in Vol. II of the Mueller Report.

We begin, however, with a pre-show update: the 4th Circuit has just voted to rehear the Maryland emoluments lawsuit en banc on Dec. 12, 2019.

After that, it’s time to check in on the latest Republican argument: that Democrats need to authorize an impeachment inquiry via a full floor vote in the House of Representatives. Learn why Nancy Pelosi said “Nope!” and why that might be shots fired… at the Supreme Court.

Then, it’s time for the deep dive into the nine unambiguous, inarguable crimes that we already have proof Donald Trump has already committed, thanks to Vol. II of the Mueller Report. You will get a choose-your-own-adventure guide for how to steer your disbelieving Uncle Frank through the Mueller Report and prove that Trump acted with criminally corrupt intent to obstruct justice. “The cover-up is [still] worse than the crime”… isn’t it?

After all that, it’s time for an all-new #T3BE involving a hate crime. Is the Intellectual Dark Web correct that such things are protected by “free speech?” If not, why are they wrong? Play along on social media — remember to #T3BE with your answer!

Upcoming 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 latest ruling from the 4th Circuit on the emoluments litigation.
  2. Don’t forgot to follow along with this week’s episode by reading the actual Mueller Report.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!




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