OA207: Brett Kavanaugh’s Confirmation Hearings

Today’s Rapid Response Friday tackles the ongoing Supreme Court Confirmation Hearings for Brett Kavanaugh — including an analysis of documents that broke literally after we recorded the show!  Find out if any of this can slow down Kavanaugh’s presumed path the SCOTUS.

We begin, however, with listener feedback on our rather controversial Episode 205 (with Andrew Seidel) as well as follow-up emails regarding 3-D guns and our contributions to SwingLeft.

After that, we break down the critical documents leaked today by Sen. Cory Booker (D-N.J.) that show 1) Kavanaugh’s nakedly partisan approach to the court; 2) Kavanaugh’s nonexistent view of the value of precedent when it comes to Roe v. Wade; and 3) possible perjury.  Is this a big deal?  YES.  Will it move the needle?  We’ll see.

After that, we return to Yodel Mountain to discuss Paul Manafort’s impending DC trial and the somewhat-overlooked plea by W. Samuel Patten.  Who’s that?  Listen and find out!

Finally, we end with an all new Thomas Takes The Bar Exam #92 regarding impeaching the testimony of a gang member at trial.  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!

Recent Appearances

Thomas was recently the guest masochist on this week’s God Awful Movies, reviewing “New World Order.”  It’s hilarious — don’t miss it!  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. Here are the Kavanaugh email and Kavanaugh email 2 documents discussed during the main segment.  For more Kavanaugh document fun, check out this comprehensive New York Times article.
  2. This is W. Samuel Patten’s Criminal Information, to which he pled guilty, and here is the Statement of the Offense, which explains the connection to the Trump campaign and White House.
  3. Finally, this is the late-breaking document showing possible perjury.

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OA206: Will This ONE WEIRD TRICK Unravel the Mueller Investigation?

Today’s episode takes us back to Yodel Mountain, where we take a look at a popular article making the rounds suggesting that (you guessed it) this ONE WEIRD TRICK might unravel the entire Mueller investigation.  Should you be worried? (No.)

We begin, however, with the rare (but delightful!) Thomas Was Right segment revisiting 3-D guns and the Arms Export Control Act.  What’s going on?  Listen and find out!

In the main segment, we take apart this Politico story suggesting that McKeever v. Sessions hold the key to Yodel Mountain.

After that, we tour what’s left of Yodel Mountain to discuss the latest developments with our buddy Paulie M.  Did he really try to plead out in advance of his next trial?  What’s next on the horizon for everyone’s favorite ostrich-vest-wearing money launderer?

Then, we end with Thomas (and Andrew!) Take the Bar Exam Question #91 regarding the separation of church and state and graduation prayers.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent 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 injunction granted in the 3-D guns case.
  2. This is the Politico story regarding McKeever v. Sessions.

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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OA203: Paul Manafort Convicted, Michael Cohen Pleads

Today’s extra-long, extra-early Rapid Response episode tackles the two biggest stories in the news right now:  Paul Manafort’s conviction, and Michael Cohen’s plea deal.  We tell you exactly what these two big stories actually mean.

We begin with Paul Manafort.  What did the jury decide?  Why did they fail to reach a verdict on 10 counts?  What were those counts?  How long is Paulie M going to stay in prison and what’s next?  And, most importantly:  what does this mean for Yodel Mountain?  How likely is Paulie M to flip on Donald Trump?  We answer all of these questions and more!

After that, we turn to everyone’s favorite weasel, Michael “I Would Take A Bullet For Donald Trump” Cohen, who… has not taken a bullet for Donald Trump but has in fact pled guilty to eight separate crimes.  What are they, what does it mean, and what comes next?  Listen and find out!

And if all that wasn’t enough, we end with an all new Thomas Takes The Bar Exam #90 involving  foreseeability, cross-motions for summary judgment, and tortious conduct.  If you’d like to play along, 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!

Recent 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. You’ll want to start with the Manafort indictment, and you can also read the Manafort verdict.  Of the eight guilty counts, Manafort was convicted under 18 U.S.C. § 134426 U.S.C. § 7206(1), and 31 U.S.C. § 5322.
  2. We first discussed the Federal Sentencing Guidelines back in Episode 162; you can check out the full manual (long!) and also the FSG Sentencing table to figure out how long Paulie M is going away.
  3. And don’t forget Manafort still has another trial pending in DC!  We gave you a primer on that back in Episode 194, and you can check out the pending indictment in that case.
  4. If Paulie M flips, it will be to take advantage of Rule 35(b) of the Federal Rules of Criminal Procedure.
  5. Of course, we first covered how Stormy Daniels is a Legal Genius back in Episode 154, and then the Karen McDougal story in Episode 158.
  6. Here’s Cohen’s plea deal; here are the conditions of his release; and here’s the article quoting his allocution.
  7. Sneak preview of the bonus episode:  here’s the DOJ manual on prosecuting campaign finance violations that proves Alan Dershowitz is lying.  Again.

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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OA199: Asbestos??!? (Or: Why Is This Man Smiling?)

Note: the SaneBox url in this episode is incorrect. Please go to https://www.sanebox.com/opening to take advantage of a great deal on their product!

Today’s Rapid Response Friday breaks down everything you need to know regarding the Trump EPA’s recent rules change regarding asbestos.  Is it as ominous as it sounds?  (Yes.)

We begin, however, with the oddest OA segment of all time:  Devin Nunes was right!  What was he right about, and what’s a Michael Kinsley gaffe?  You’ll just have to listen and find out!

After that, in a bonus segment, the guys break down the recent indictment of Chris Collins (R-NY-27) for insider trading.

The main segment breaks down the EPA’s Significant New Use Rule (SNUR) regarding asbestos and help you evaluate the competing claims being lobbed back and forth.  Did the Trump Administration open up the use of asbestos in household products?  Or did they make it harder to use asbestos as the EPA claims?  We give you a definitive answer.

After that, Andrew partially answers a listener question in light of Rick Gates’s testimony in the Manafort trial while teasing that the rest will get answered sometime soon.

And if that wasn’t enough, we end with an all new Thomas Takes The Bar Exam #88 involving a contract, waiver and modification, and subsequent assignment to another party.  Phew!  If you’d like to play along, 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!

Recent Appearances

Andrew was recently a guest on The Thinking Atheist podcast with Seth Andrews.  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 a link to the NBC story on the Devin Nunes tape; and here’s a link to one in the Washington Post; they’re both delightful.
  2. This is the Collins indictment, and this is the text of 17 CFR 240.10b-5.
  3. The TSCA is 15 U.S.C. § 2601 et seq.
  4. Here’s the letter that the ACC wrote to the EPA back in August of 2016 arguing that they should be able to use asbestos.
  5. For an in-depth critique of the Trump EPA’s evaluative process, you can check out the annotated source documents and the summary article in the New York Times.
  6. Here’s the text of the new EPA SNUR, and here’s the (laughable) EPA dissembling as to what it means.
  7. Finally, here’s the report on Rick Gates’s cross-examination over his affairs.

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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