Tag: impeachment

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OA307: Apportionment – The Census Fight Is Not Over

Today’s episode, sadly, reminds you of an entirely new way that you should be terrified. In a “please, tell me that Donald Trump’s lawyers aren’t listening to this” episode, Andrew breaks down a 1990s court decision surrounding a 1920s law to talk about the ultimate endgame for Trump and the census. Is it horrible? Yes. Are you better off being prepared? Absolutely.

We begin, however, with a quick trip up a rare Tuesday Yodel Mountain by examining the transfer of the House Judiciary Committee’s lawsuit seeking injunctive relief against Don McGahn. Was it a “huge victory” for the President that Chief Judge Beryl Howell transferred the case? (No.)

Then, it’s time for a deep dive into the Presidential powers of apportionment and how Donald Trump can potentially do a court-clogging end-run around the Supreme Court’s census decision even if he loses the 2020 election.

After that, it’s time to check out a new segment from Cybertron — the official “Optimist Prime” versus “Negatron” segment on impeachment. Who will stand victorious? Hint: he’s got the energon axe.

Then, it’s time for the answer to #T3BE 139, a dreaded real property question. Did Thomas manage to get it right? Listen and find out!

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. You can read Judge Howell’s order in the McGahn litigation here.
  2. If you want to see a sitting federal judge call a DOJ lawyer’s papers “halfhearted,” check out this ruling, and turn to footnote 2 on page 6.
  3. This is the Census Bureau’s non-answer to Congresswoman Pressley, and this is the NPR story confirming that the White House won’t commit on apportionment.
  4. The transmittal law is 2 U.S.C. § 2.
  5. Good news! Here’s the latest tally on impeachment.

-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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OA301: The Good News Show!

Today’s episode focuses on a number of actual good developments in the news! From the second half of the Mueller testimony before the House Intelligence Committee, to a court’s issuance of an injunction blocking Trump’s illegal efforts to change the rules on asylum, it’s a (rare) week of good news! Oh — and there’s a brand new intro for your enjoyment as well!

We begin with an update on Mueller’s second round of testimony before the House Intelligence Committee, and answer some questions about whether Rep. Nadler can launch “an impeachment inquiry” without Nancy Pelosi’s approval.

Then, it’s time for some good news out of the courts, including a sweeping injunction handed down in Arkansas with respect to three laws that restrict and/or prohibit abortion, including Act 493, which purported to ban all abortions after 18 weeks. This is exactly what we predicted would happen at the district court level — and you can learn why this particular (159-page!) decision is particularly useful going forward.

But the good news doesn’t stop there! We also break down the Northern District of California’s injunction with respect to the joint DOJ/DHS rule regarding asylum that was rammed through without the appropriate notice-and-comment period last week.

Then, it’s time for a fun segment regarding disciplinary proceedings against everyone’s favorite crazy person, Larry Klayman!

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. Don’t forget that there are just 10 tickets remaining for Opening Arguments Live in New York on August 10, 2019! Click here to get your tickets before they’re gone!
  2. Click here for Nadler’s 2017 impeachment inquiry.
  3. This is the must-read Dana Leigh Marks article in the Washington Post that we discuss on this show.
  4. Finally, click here to read the DC panel’s recommendations against crazy person Larry Klayman.

-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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OA300: Mueller Testifies!

It’s Mueller Time! Today’s episode drops early to give you our instant reaction to Special Counsel Robert Mueller’s testimony before the House Judiciary Committee. (This only covers the testimony before the House Judiciary Committee, not the subsequent testimony before the House Intelligence Committee.)

There are just 10 tickets remaining for Opening Arguments Live in New York on August 10, 2019! Click here to get your tickets before they’re gone!

We break down everything that transpired — the high points, the low points, and whether anything Moved The Noodle(TM). Specifically, we point out the factual and legal background underlying Mueller’s testimony, the 24 OLC memorandum that is the subject of Mueller’s declination decision, and the standards for indicting a person under 18 U.S.C. § 1512(c).

Plus, you’ll learn the totally misleading takes that right-wing sources are sure to run with, and we’ll equip you with everything you need to rebut those.

After a lengthy breakdown of the day’s events, we head to #T3BE, which involves a breach-of-contract claim against a bar exam tutor and a rather disappointed new lawyer.

Appearances

Andrew was a guest on the latest episode of the Registry Matters podcast discussing the Supreme Court, as well as the most recent episode of Mueller, She Wrote from the live show in Philadelphia talking.. well, pretty much everything!

Show Notes & Links

  1. Don’t forget that there are just 10 tickets remaining for Opening Arguments Live in New York on August 10, 2019! Click here to get your tickets before they’re gone!
  2. Click here to read the Mueller Report.
  3. Click here to read the OLC opinion.

-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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OA272: Impeachment, Redactions, and Russia

Today’s episode brings you a trio of stories about the changing political landscape in the wake of the release of the [REDACTED] Mueller report; namely (1) will the President be impeached (and if so, can the Senate block the impeachment), (2) will we see a full, unredacted version of the report, and (3) just how pro-Russia is this administration, anyway?

We begin with a question asked by listener Thomas S. as to whether Mitch McConnell can… well, Mitch McConnell any impeachment hearings. And while the answer may not surprise you, we think you’ll want to know why.

Then, we move on to another listener question, this one about whether the Trump campaign actually did soften language in the GOP platform related to Russia. Was that story actually “debunked?” (No.) We debunk the debunking for your edification!

After that, it’s time for a two-fer of embedded stories that bear on the question of redactions. We look briefly at McKeever v. Barr and evaluate whether that will prevent the ultimate release of the full Mueller Report as well as check in on developments in a FOIA case.

No #TTTBE this week!

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. You can read the Lawfareblog article that inspired Thomas S.’s question on impeachment.
  2. This is the full text of the 2016 Republican platform.
  3. Click here to read the Byron York article in the Washington Examiner that we debunk; here to read the original Washington Post article by Josh Rogin; and here to read the Politifact transcript of the Trump interview.
  4. Finally, check out McKeever v. Barr.

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, which now has its own Twitter feed!  @oawiki

And email us at openarguments@gmail.com




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