Transcript of OA324: Trump’s 9 Crimes and Misdemeanors

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Topics of Discussion:

Thomas:         Hello and welcome to Opening Arguments, this is episode 324.  I’m Thomas, that’s Andrew.  How’re you doing, sir?

Andrew:         I am doing fantastic, Thomas!  Still on that high after our fabulous live show in Los Angeles.  How are you, man?

Thomas:         Ah, same!

Andrew:         [Laughs]  

Thomas:         The same.  That was so much fun!  Can’t wait for the next one wherever we do it. [Laughs]  

Continue reading “Transcript of OA324: Trump’s 9 Crimes and Misdemeanors”

The Ten Crimes of Trump

As Outlined in the Mueller Report (A Mini Transcript of OA 324)

I am more convinced than ever that Bob Mueller thought the immediate result of his report being released would be a vote within a couple of weeks in the House to impeach the President. I believe that.

– P. Andrew Torrez

Follow Along with the Full Report Here

Continue reading “The Ten Crimes of Trump”

OA324: Trump’s 9 Crimes and Misdemeanors

With impeachment in full swing, today’s episode reminds you that we already have more than enough evidence to impeach & remove Donald Trump from office for the nine distinct crimes documented by Robert Mueller in Vol. II of the Mueller Report.

We begin, however, with a pre-show update: the 4th Circuit has just voted to rehear the Maryland emoluments lawsuit en banc on Dec. 12, 2019.

After that, it’s time to check in on the latest Republican argument: that Democrats need to authorize an impeachment inquiry via a full floor vote in the House of Representatives. Learn why Nancy Pelosi said “Nope!” and why that might be shots fired… at the Supreme Court.

Then, it’s time for the deep dive into the nine unambiguous, inarguable crimes that we already have proof Donald Trump has already committed, thanks to Vol. II of the Mueller Report. You will get a choose-your-own-adventure guide for how to steer your disbelieving Uncle Frank through the Mueller Report and prove that Trump acted with criminally corrupt intent to obstruct justice. “The cover-up is [still] worse than the crime”… isn’t it?

After all that, it’s time for an all-new #T3BE involving a hate crime. Is the Intellectual Dark Web correct that such things are protected by “free speech?” If not, why are they wrong? Play along on social media — remember to #T3BE with 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. Here’s the latest ruling from the 4th Circuit on the emoluments litigation.
  2. Don’t forgot to follow along with this week’s episode by reading the actual Mueller Report.

-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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OA293: My Deference & Auer Deference (Kisor v. Wilkie)

Today’s episode revisits a narrow area of administrative law we last discussed in Episode 266, namely, Auer deference. Andrew made a bold prediction in that episode, and find out where he was wrong — and where he was right now that the Supreme Court has ruled in Kisor v. Wilkie. We also discuss the recent unsealing of court records thanks to a CNN reporter and we witness the return of listener favorite segment “Are You A Cop?” with a fabulous question about drinking and driving. Buckle up!

We begin, however, with a look at a recent request made by CNN’s Katelyn Polantz regarding certain court proceedings and records relating to the Mueller Investigation. Does this mean that “BILL BARR KILLED 7 OPEN INVESTIGATIONS?” (No.) But it is significant, and you won’t want to miss why.

Then, it’s time for a deep-dive explainer that starts with a reminder on the principles of agency deference. Don’t remember the exact difference between Chevron deference and Auer deference? We’ve got you covered — including, in particular, how the latter came under attack in Kisor v. Wilkie, a case involving a retired servicemember challenging the internal agency regulations governing disability pay. Should the courts defer to an agency’s interpretation of its own rules, or should it be wildly activist and defer to Neil Gorsuch’s interpretation of those rules? Kisor gives us a slightly different answer than you might expect, all while angling us towards the day soon to come in which the Supreme Court greatly expands the power of the judicial branch.

After that, it’s time for Are You A Cop? featuring some truly terrible advice for how to beat a DUI arrest. (Please do not do this.) We talk about standards of evidence while debunking the notion that you should… drink more when you’re pulled over? (It’s a weird question.)

As if that wasn’t enough, we end with the answer to Thomas Takes The Bar Exam #132 about an escaped, de-fanged, venomous snake. Who’s responsible? Listen and find out!

Appearances

Andrew will be a guest at the Mueller She Wrote live show in Philadelphia, PA on July 17, 2019; click that link to buy tickets, and come up and say hi! And remember: if you’d like to have either of us as a guest on your show (or at your live show!), drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. This is the Raw Story article we criticize during the “A” segment, and to verify what we’ve said is correct, you can read (a) Polantz’s request; (b) the Court’s order; (c) Exhibit A (Search Warrants); (d) Exhibit B (Wiretapping); and (e) Exhibit C (Pen Register/Trap & Trace). Phew!
  2. We previewed Kisor v. Wilkie (read decision) in Episode 266. And, in breaking down Justice Roberts’s holding in Kisor, we also expose shoddy journalism like this Daily Beast article.

-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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OA275: Yes, Bill Barr Perjured Himself

Today’s episode covers everything you need to know about Bill Barr’s testimony before the Senate Judiciary committee (and his refusal to testify before the House). Has he perjured himself? (Yes.) Is there a reasonable defense of Barr? (No.) What’s next? Listen and find out!

Also, don’t forget to show up for our monthly LIVE Q&A on our YouTube channel this Sunday, May 5th at 6 pm Eastern / 3 pm Pacific!

We begin today’s show, however, with a few Andrew Was Wrongs and one Andrew Was Right. Wrong? Andrew used “fulcrum” when he should have used “center of gravity,” and it led to this amazing listener graphic explaining the difference. Also, Andrew relied upon a mislabeled graph in a complaint in Episode 273; technically, that’s someone else who was wrong first, but hey.

But Andrew was definitely RIGHT about the RNC platform, and now we have even more evidence to confirm it — this time in the form of the testimony of J.D. Gordon to Mueller’s team of investigators. And we break that down for you (because of course we do!).

Then, it’s time to delve into everything we know about Bill Barr’s perjure-tastic trip before the U.S. Senate Judiciary Committee. Find out why Andrew thinks Barr isn’t going to last, and why he definitely committed perjury. Oh, and figure out what Rule 6(e) is — and why Barr is lying about that, too.

After all that, it’s time for a brand-new Thomas Takes the Bar Exam #124… this time about Decomposing Snail Cola. Decomposing Snail Cola: It’s the Only One With Decomposing Snails!

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.

-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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OA271: Dis-Barred (?) – The Mueller Report

Today, we break down the just-released [REDACTED] Mueller report. The top-line analysis? This is much worse than we anticipated in Episode 264. This report may not be the end of the road for Trump — but it almost certainly is the end of the road for Attorney General William Barr.

That’s it! We spend nearly 90 minutes delving through the minutiae and correcting the egregious misquotations in Barr’s now-laughable “summary” of the report.

Show Notes & Links

1. You can click here to read the full Mueller report, and here for the searchable PDF.

2. We first covered Barr’s summary in Episode 264, and you can read his laughably dishonest letter again right here. Oh, and we followed up with Prof. Randall Eliason in Episode 265.

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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OA265: The Investigation is Over, But the Investigations Continue (feat. Randall Eliason)

Today’s breaking news episode contains a long interview with everyone’s favorite former prosecutor, Randall Eliason, who helps answer some nagging questions about what we do know about the Mueller Report (alongside all the things we don’t).

We begin, however, with a brief Andrew Was Right (about the Barr Summary and the news cycle!) and Wrong (about the specifics of the Assange indictment).

Then, it’s time for our main segment with Professor Eliason; you won’t want to miss it!

And if all that isn’t enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #120 involving touching a very sensitive woman on the bus.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances
Andrew was recently a guest on Episode 19 of the Glass Box podcast discussing Utah referendums, and Episode 188 of God Awful Movies (reviewing “Dead Man Rising”).  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

[None]

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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OA264: The Barr Summary of the Mueller Report

Today’s emergency, late-breaking episode breaks down the Barr Summary of the Mueller Report and gives you some advance warning that the narrative on the Mueller report is about to shift very quickly in the opposite direction.  Get ahead of the story by listening today!

Due to the length of the breakdown, we don’t have our regular segments today, but we do have (as always), the answer to Thomas Takes The Bar Exam #119 regarding contracts for the sale of wheat.  Can Thomas keep his streak alive?  Listen and find out!  And, 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!  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. This is the Barr Summary of the Mueller Report.
2. Ken Dilanian’s tweet.
3. Glenn Greenwald’s tweet.
4. We discussed disaggregation of the investigations in Episode OA: 259.
5. Confirms the Senate Intelligence Committee report we talked about in Episode OA: 190.
6. Russian Lawyer Natalia Veselnitskaya’s OPEN SDNY criminal trial as of 1/8/2019 for obstruction of justice.
7. Mueller’s NFL report is here.

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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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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