Laurence Tribe – Opening Arguments

December 27, 2019December 27, 2019

Transcript of OA345: How John Roberts Saved Christmas (Or: Everything You Need to Know About Nixon v. US)

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas: Hello and welcome to Opening Arguments. Merry Christmas Andrew Torrez! I’m Thomas Smith, how’s it going Andrew?

Andrew: Merry Christmas Thomas Smith, happy holidays, I am doing fantastic. How are you?

Thomas: Oh, good! I was visited by three ghosts in the night.

Andrew: Okay?

Thomas: And I’ve gotta turn myself around.

December 26, 2019December 27, 2019

OA345: How John Roberts Saved Christmas (Or: Everything You Need to Know About Nixon v. US)

Happy Holidays, everyone! Today, we tackle a number of issues that managed to distract us over the holidays regarding impeachment and do a deep dive into Nixon v. US — all while weaving in a John-Roberts-as-the-Grinch-Who-Saved-the-Country-From-Mitch-McConnell story. Can it happen? Absolutely. Will it? We don’t know. Do you need to listen? ABSOLUTELY.

We begin, however, with the recent filing by the lawyer for the House Judiciary Committee suggesting it might “impeach Donald Trump again.” What on earth does that mean, and why is he taking this position? We explain it all.

Then it’s time for a brief foray into the debate between Noah Feldman, Laurence Tribe (and Jonathan Turley for good measure) as to whether Trump has really been impeached given that the House has not yet transmitted the articles to the Senate.

As we all know, that question is really academic — the real issue is: what power does Mitch McConnell have to transform impeachment into a sham proceeding? The answer lies in a 1993 Supreme Court case, Nixon v. US , 506 U.S. 224 — and it may just reside in Chief Justice John Roberts. You won’t want to miss this deep dive storytelling.

After all that, it’s time for a brand new #T3BE involving burglary, larceny, and the world’s angriest ex-employee. Remember to play along on social media!

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

Click here to read the House’s filing before the D.C. Circuit in the McGahn subpoena litigation.
In the battle of expert turncoats, we have Noah Feldman arguing that Trump hasn’t been impeached, and Jonathan Turley arguing that he has.
Finally, make sure you read Nixon v. U.S., 506 U.S. 224 (1993).

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-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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December 23, 2019December 23, 2019

Transcript of OA343: The End of the ACA? (Also: Some Stuff About Impeachment)

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas: Hello and welcome to impeachmeeeeeent!!! [Celebratory clownhorns] Put those sound effects in-

Andrew: [Laughs] I like how you did a little Michael Buffer, there!

Thomas: [Laughs] Yeah! [Announcer voice] Let’s get ready to impeach in the Senaaate! Hello everybody, it’s Opening Arguments episode 343, I’m Thomas, that over there is Andrew and that over there is impeach President Trump.

[Trump – “So true!”]

Andrew: Yeah, yeah!

Thomas: It’s done. Happened.

December 19, 2019December 20, 2019

OA343: The End of the ACA? (Also: Some Stuff About Impeachment)

Today’s episode takes a deep dive into the recent 5th Circuit ruling you may have heard about that… is supposed to have declared the ACA unconstitutional? How can that possibly be the case? We break it all down for you. Oh, and yeah, we also talk about the fact that the third president in American history has been impeached.

We begin, however, with an Andrew Was Wrong segment about the procedural history underlying the Syed appeal.

Then, it’s time to break down the 5th Circuit’s ACA opinion. How is it possible? How is the case ripe? Wasn’t all of this decided in 2012 in the NFIB v. Sebelius case? We explain everything you need to know — and what you need to know about the future — in this main segment.

Then, it’s time to tackle some impeachment questions like, “what the hell is going on?” and “is it true that the President can’t be pardoned for crimes over which he’s been impeached?” (No.) You definitely won’t want to miss this one.

After all that, it’s time for a brand new #T3BE involving jury instructions during a criminal trial. Can Thomas build on his amazing 1-question winning streak? There’s only one way to know for sure!