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

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[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.

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

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!


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Show Notes & Links

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

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