Transcript of OA356: The Future of Flynn (w/guest Marcy Wheeler)

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Topics of Discussion:

Andrew:         Hey everybody, I just wanted to tell you how proud Thomas and I are of our listeners.  At least hundreds, possibly thousands of you, made the effort to call your Senators and tell them that you wanted to hear from witnesses during the impeachment trial.  Obviously that vote came Friday night after we recorded this show and we lost 51 to 49.  That sucks, and there is no spin that I can put on that, but I do want to share something that Erica Goddard wrote in our Facebook community that really helped me, helped remind us of our mission with this show.

She says:  “You told us after the 2018 elections why we had cause to be proud of the results. We fight the holding actions, we get to November 2020, we keep the momentum of 2018 going.

Tonight, we mourn, but Tomorrow, we look for the next holding action, the one that helps us get to November.  We build an America we can be proud of again.

When you despair, remember this community you have brought together. Remember those you have helped teach.  The legal profession will feel the impact of your work as those studying law in this group pass the Bar and move forward. Other professions will feel the impact of a better educated populous who understand the world and the law.”

Thank you Erica!  Please do, folks have continued to share in the Facebook group, on Twitter, elsewhere, send us an email if you’re not a part of either of those groups and tell us when you go to law school, when you graduate, when you pass the bar, when you get your jobs.  We love those stories and I promise that we’ll continue to do what Erica said.  We are looking for new and creative ways to try and keep breaking down the law for you, and as the other side tries to break our institutions we will keep standing up for them.  Even when the answers aren’t what we want to hear, I do still believe we make the world a little bit better every time we make it a little better educated. 

So we have an example of that today, we’ve got a great interview with journalist Marcy Wheeler, that’s about the Michaele Flynn case, it’s about the state of the DOJ and her belief that people will face consequences.  We’re gonna continue to break down the law and identify what we need to do in order to move forward.

Thanks again, thanks to all of you, we’re gonna help continue to fight on.

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OA356: The Future of Flynn (w/guest Marcy Wheeler)

Today’s episode features an in-depth interview with investigative journalist and prolific blogger Marcy Wheeler (a.k.a. emptywheel), who has a novel take on Lt. Gen. Michael Flynn who, as our listeners know, fired Covington & Burling, hired a loon, and has tried to withdraw his guilty plea. Marcy tells us what she thinks this means!

We begin with a bit of analysis and some kind words from a listener in light of the disappointing Senate vote to block witnesses that came down late Friday night. Yes, this means the impeachment is effectively over. No, it doesn’t mean we’re going to stop fighting.

After that, it’s time to tackle Marcy Wheeler’s take on Lt. Gen. Michael Flynn. We do a deep dive into the two most recent sentencing memoranda filed by the government in Flynn’s case while trying to figure out what this portends. You don’t want to miss it!

After all that, it’s time for the answer to #T3BE 164 involving a crazed roommate, an aborted murder, and exactly what you could charge him with.

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. 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 Opening Arguments Episode 314 – The Supreme Court and Trump’s Asylum Rules

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Topics of Discussion:

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OA314: The Supreme Court and Trump’s Asylum Rules

Today’s episode breaks down a 7-2 decision by the Supreme Court to stay the decision of the District Court enjoining the Trump Administration’s new asylum rules from going into effect. What happened and why? Listen and find out! It’s bad news — but to balance that out, we spend a lot of time high atop Yodel Mountain, where we discuss the ongoing march towards impeachment and the latest in the Michael Flynn saga.

We begin, however, with a brief Andrew Was Wrong(TM) segment about two casual (but wrong) comments Andrew made in previous shows. As it turns out, Devin Nunes isn’t the beneficiary of gerrymandering — we knew that, honest! — he’s… wait, why do people vote for Devin Nunes again? We’re not sure.

Then it’s time for the main segment, which breaks down the tragic significance of the court’s recent order on asylum. It’s only a single paragraph long, but… it speaks volumes. Find out what’s going to happen next with expedited removal proceedings and undocumented immigrants. It’s a tough segment, but you need to know.

Next, it’s time for our weekly visit to Yodel Mountain! Find out why the most conservative Democrat in Congress thinks impeachment is “inevitable!” And while we’re there… what’s the deal with Lt. Gen. Michael Flynn and his crackpot lawyer? We’ll tell you!

After all that, it’s time for #T3BE. Can Thomas snap a career-worst six-question losing streak? If so, he’ll have to do it on a dreaded real property question involving the sale of land. Keep your fingers crossed!

Also, COME TO OUR LA LIVE SHOW!!!! Here is the link!!

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. We last discussed the asylum rule changes in Episode 301.
  2. You can check out the district court’s well-reasoned injunction here, and the Supreme Court’s one-paragraph decision to stay that order here.
  3. And, if you’re not depressed enough, read this NBC News article involving Trump’s decision to deny temporary protected status to Bahamians displaced by hurricane Dorian.
  4. Here’s the Washington Post article about impeachment and Rep. Brindisi, and here’s the evidence that (a) Brindisi’s district is the second-reddest among 2018 Democratic winners and (b) that Brindisi is arguably the most conservative Democrat in Congress.
  5. On Flynn: here’s Schiff’s letter, and here’s Flynn’s plea deal. And if Flynn keeps this up, he’s in danger of losing the government’s initial sentencing recommendation.

-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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OA287: Down the Hatch (Act)?

Today’s Rapid Response Friday covers all of the breaking developments this week, including a ruling from the Wisconsin Supreme Court, the latest news out of the House of Representatives, and the Office of Special Counsel’s latest request that Donald Trump should fire Kellyanne Conway for “flagrant” serial violations of the Hatch Act. What does all that mean? Listen and find out!

We begin by revisiting the state of Wisconsin, where Republicans in gerrymandered-safe seats in the state legislature stripped power away from the incoming Democratic Governor and Attorney General. A trial court issued an injunction preventing that law from going into effect, and just two days ago, the state Supreme Court finally ruled on that injunction. How did that go? (You know the drill.)

Then, we move into the main segment, in which we discuss all of the developments related to the census question we last discussed in Episode 286. Learn about one respondent’s petition for limited remand, the White House’s assertion of executive privilege, and then what’s next from the Democratic House.

After all that, it’s time to climb Yodel Mountain. Learn exactly who Lt. Gen. Michael Flynn hired once he fired Covington & Burlington Coat Factory, and what that (probably) means. And then, it’s time to learn allllll about the Hatch Act, and why a loyal Trump supporter thinks it means it’s time to fire Kellyanne Conway.

Then, it’s time for Thomas Takes the Bar Exam. This time, Thomas tackles a tricky question about a government agency that hires a private collector to purchase antiques. Can the state charge sales tax? 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. We last discussed the census in Episode 286.
2. Click here to read the NYIC petition for limited remand.
3. This is HR 430, which is the full House vote to allow the Judiciary Committee to sue to enforce the McGahn and Barr subpoenas.
4. And here is the roll call vote.
5. The Hatch Act is 5 U.S.C. § 7323.
6. The Hatch Act was upheld in United States Civil Service Comm’n et al. v. Nat’l Ass’n of Letter Carriers, AFL-CIO, et al., 413 U.S. 548 (1973).
7. Finally, click here to read the OSC Conway letter.

-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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OA285: Tulsi Gabbard & Michael Flynn

Today’s instant-breaking episode takes a look at the significance of Lt. Gen. Michael Flynn’s decision to fire his lawyers, Andrew’s buddies over at Covington & Burling. Oh, and we also take a semi-deep-dive into President Trump’s decision to impose tariffs on “all goods” imported from Mexico. What does it all mean? Listen and find out!

We begin, however, with a slight preview of next week’s show, which will break down the impending tariffs on goods imported from Mexico. How is this like (or unlike) Trump’s decision to impose steel tariffs on China? You’ll have to listen and find out!

Then, it’s time for the main segment in which we learn that Lt. Gen. Michael Flynn has fired his lawyers at Covington & Burling? What does that mean? Only time will tell.

For the “C” segment, we break down the upcoming DNC debate, who’s qualified, and what legal remedies some of the “loser” candidates might have.

After all that, it’s time for #TTTBE involving torts, contributory negligence, and joint and several liability.

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. We first discussed Trump’s tariffs on China in episode 162
  2. Trump’s statement on Mexican tariffs is here
  3. The prior authority relied upon by Trump is the IEEPA, 50 U.S.C. § 1702
  4. Click here to read a CNBC piece on the likelihood of a trade war.
  5. You can read Vol I. and Vol. II of the Mueller in searchable PDF.
  6. Here’s the evidence C&B was fired.
  7. Here are the DNC rules and you can check out “Bernie Sanders’s” failed lawsuit here.

-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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OA237: Lowering the… Barr (Memo)

Today’s Rapid Response episode takes a look at the just-released Law’d Awful Memo written by Attorney General nominee Bill Barr and sent to Deputy AG Rod Rosenstein concerning the Mueller investigation.  Are the argument(s) raised in the memo any good?  What does this mean for the future of the Mueller investigation?  Listen and find out!

We begin, however, with a brief foray into everyone’s favorite show topic:  BASEBALL LAW!  Find out about the agreement reached between MLB and Cuba, and how (of course) Donald Trump can screw it up.

After that, it’s time for an Andrew Was Wrong (and Maybe Not Wrong) on David Pecker and AMI.  Along the way, we’ll learn about the corruption case against Sun-Diamond Growers in connection with former Agriculture Secretary (and nearly-Senator) Mike Espy.

Then, we delve deeply into the Barr memo, taking apart the legal “arguments” and featuring a guest appearance from one Antonin Scalia!

Then, it’s time to tackle the rather surprising decision by Judge Sullivan in the Michael Flynn sentencing phase.  What happened?  Did he go off the rails?

After all that, we end with an all new Thomas (and Matt!) Takes The Bar Exam #106 on how to best transport heroin from Kansas City to Chicago and what the judge can instruct the jury… it’s complicated, but you won’t want to miss it!  And, as always, 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

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. Check out Matt & Mattingly’s Ice Cream Social podcast!
  2. Baseball law:  Here’s the press release from MLB.
  3. We discussed U.S. v. Sun-Diamond Growers of Calfornia, 138 F.3d 961 (D.C. Cir. 1998), aff’d, 526 U.S. 398 (1999).
  4. Don’t forget to read the Barr memo for yourself, and you can also check out the Wall Street Journal article that leaked it.
  5. …And here’s our good buddy Antonin Scalia smacking down the logic used therein.
  6. You can check out the government’s sentencing memorandum in Michael Flynn’s case as well as the memo filed by Covington & Burling on Flynn’s behalf.
  7. Here is the 18-3071 sealed case order.

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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OA233: [REDACTED] & Wisconsin

Today’s Rapid Response episode takes a look at two pressing issues: (1) Mueller’s [REDACTED] sentencing memorandum with respect to Michael Flynn, and (2) the naked power grab by lame-duck Republicans in Wisconsin.  Along the way, we’ll also cover a bunch more legal stories, but you knew that already!

We begin high atop Yodel Mountain, where we cover not only the [REDACTED] Flynn memorandum but also Roger Stone taking 5 and a truly bizarre conspiracy theory advanced by Rudy Giuliani.

Then, it’s time for the main segment, in which we tackle Wisconsin SB 887 and its component bills that are designed to weaken drastically the strength of the incoming Democratic governor, Tony Evers.  Is it as bad as everyone says it is?  (It’s worse.)

After that, it’s time for a brief Andrew Was Wrong segment.  Turns out Andrew Was Wrong about both Julian Assange and American paddlefish!

Finally, we end with an all new Thomas Takes The Bar Exam #102 on evidence and the admissibility of hearsay.  Find out how Thomas outsources the decision and more.  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 was recently a guest on the David Pakman show talking court-packing and more.  Give it a listen!  And, as always, 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 (non-censored) baseline Sentencing Memorandum filed by Mueller here, and the [REDACTED] Supplemental by clicking here.
  2. Here are the texts of the various Wisconsin bills:  SB 884, SB 886, and the final bill, SB 887.

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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