Transcript of OA358: Can Trump Block New Yorkers From Global Entry? (No.)

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 358.  I’m Thomas Smith, that over there is P. Andrew Torrez, esquire.  How’re you doing Andrew?

Andrew:         [Laughing] I am doing fantastic!  Did you see, one of our listeners sent P. Andrew Torus with the donut shape on social media?

Thomas:         Yeah!

Andrew:         You know, as long as we’re continuing to add plays on my last name.

Thomas:         It’s hard to compete with your cow name, though, P. Andrew Taurus.

Andrew:         Oh, no, obviously that’s the best.  Shout out to Del.

Thomas:         Because you moo the noodle! [Laughs] You moo the noodle, so we can’t.

Andrew:         [Laughs]  

Continue reading “Transcript of OA358: Can Trump Block New Yorkers From Global Entry? (No.)”

OA358: Can Trump Block New Yorkers From Global Entry? (No.)

Today’s episode takes place in the aftermath of the Trump impeachment sham. We take a minute to heap praise on Sen. Mitt Romney, who had the courage of his convictions, before delving into the obvious fact that this president is now empowered to seek revenge on his enemies, starting with the State of New York. Can he really prevent New Yorkers from using Global Entry?

Before that, we have to cover the latest in faux outrage, in which America’s Dumbest Congressman (TM), Matt Gaetz, teams up with Charlie Kirk (and others) to … insist that Speaker Nancy Pelosi had no right to rip up her copy of Trump’s State of the Union address. Can that possibly be the law? (No.)

Then, it’s time to settle in for a nice, long deep dive into New York’s Green Light Law, and how that led a Trump lackey to try and retaliate by asserting that New Yorkers will no longer be eligible for the Global Entry program at airports. Is it really possible that Trump’s Department of Homeland Security will carry out this threat? Do we have a legal recourse? Listen and find out!

After all that, it’s time for a brand-new #T3BE on the preservation of objections for appeal. Can Thomas continue his winning streak? Would you do any better? If so, just share out this episode on social media using the hashtag #T3BE and we’ll pick a winner!

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. The operative law that Speaker Pelosi definitely didn’t violate — but President Trump has — is 18 U.S.C. § 2071.
  2. You can read all about New York SB1747B (the “Green Light Law”) as well as check out the fact sheet issued by the DMV.
  3. We break down the nonsense threat letter written by “Acting Director” of DHS, Chad Wolf.
  4. Legal references! Check out 8 U.S.C. § 1365b; 74 FR 59932; 77 FR 5690; and the final rule, 8 C.F.R. 235.12.
  5. Finally, in the political aftermath, we mentioned the pending bipartisan bill, House Res. HR 3675.
  6. Check out the latest blog post from Marcy Wheeler, which sets out her take on Lt. Gen. Michael Flynn and sets out the embedded legal documents.

-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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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

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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