Tag: PG&E

Posted on

OA396.5 BONUS Episode: Will You Be Able To Read John Bolton’s Book?

Today’s bonus episode takes a deep dive into the lawsuit brought by the Trump Administration to try and block the publication of John Bolton’s tell-all book. We break down the legal arguments and tell you whether you can look forward to getting that copy you ordered or not. (And seriously, you shouldn’t give money to John Bolton. He’s still a scumbag.)

We begin, however, with a quick Andrew Was Right! in that PG&E pleaded guilty to 84 counts of manslaughter; we told you PG&E was likely criminally liable way back in Episode 241!

Then, it’s time to break down the Justice in Policing Act of 2020 which just passed the House Judiciary Committee and is an unambiguously good bill. Listen and find out why!

After that, it’s time to dig in to both the Complaint and the motion for TRO filed by the United States on behalf of Donald Trump because John Bolton’s book made Trump feel bad. Do we really live in a society in which that happened? Yes. Do we live in one in which the court will grant injunctive relief? No. Listen and find out why.

No #T3BE in this bonus episode but there’s lots and lots of great content!

Patreon Bonuses

All patrons get a special behind-the-scenes deep dive into our amicus brief!

Appearances

None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Although the plea agreement isn’t available, this Ars Technica article is a good timeline of PG&E’s criminal activities; we told you PG&E was likely criminally liable way back in Episode 241!
  2. Click here to read the Justice in Policing Act of 2020 which just passed the House Judiciary Committee.
  3. You can read the Supreme Court’s decision in Snepp v. U.S. 444 U.S. 507 (1980), the decision in the Pentagon Papers case, and also read the Complaint and the motion for TRO filed by the U.S. against Bolton. Injunctive relief is governed by Rule 65 of the Federal Rules of Civil Procedure.
  4. Finally, check out the NSA’s pre-publication procedures.

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



Download Link
Posted on

Transcript of OA322: Blackouts, Taxes & House Rules

Listen to the episode and read the show notes

Show Topics:

[Show Introduction]

Thomas:         Hello and welcome to Opening Arguments, this is episode 322.  I’m your host Thomas Smith, that over there is Andrew Torrez.  How you doin’, Andrew?

Andrew:         I am fantastic, Thomas!  You know, one of the things that I love the most about my recording studio, which is located in my basement, is that it is served by electricity. So apropos of nothing, how are you doing?

Continue reading “Transcript of OA322: Blackouts, Taxes & House Rules”
Posted on

OA322: Blackouts, Taxes & House Rules

Today’s episode breaks down the recent news relating to (1) legal efforts to subpoena Donald Trump’s taxes, (2) the latest kerfuffle over the standing House rules and whether the impeachment inquiry is “unconstitutional” and “illegal” (it isn’t), with a bonus (3) rant about PG&E’s blackouts — excuse me, “public safety power shutoff events” in Northern California. Phew!

We begin with a discussion surrounding PG&E’s decision to shut off power for up to five days, affecting potentially two million people. These blackouts will have a tremendous economic and social cost — and may cost lives, as well. Why are they happening? What’s the law? Can we do anything about it? Listen and find out!

Then, it’s time for a deep dive into breaking legal news this week. You may have heard that a court ordered the release of Trump’s tax returns, and then that order was immediately appealed and blocked. What does it all mean and why? We dive deeply into this issue, and on the way you’ll learn about Younger abstention, § 1983 cases, and much, much more!

After that, it’s time for a look at the latest goalpost-moving excuse by the Republicans, this time the honestly-not-very-good argument that the impeachment inquiry is “illegal” unless authorized by the entire House of Representatives. Find out why this just isn’t so.

Then, it’s time for a follow-up #T3BE to last week’s child-on-thin-ice. This time, we want to know: can her parents sue the day care? Listen and find out!

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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
  2. The “de-energization events” are authorized, at least implicitly, by Section 451 of the California Public Utilities Code, as further interpreted by recent rules. PG&E, of course, is in Chapter 11 bankruptcy.
  3. The anti-injunction act is 22 U.S.C. § 2283 , and you can brush up on Younger v. Harris, 401 U.S. 37 (1971) while you’re at it.
  4. We discussed the OLC memos in Episode 290, and then again in Episode 300.
  5. You should definitely read Judge Marrero’s order, even though it’s been appealed to the Second Circuit.
  6. Here are the standing House Rules (check out pp. 322-323), and the 2015 CRS report referenced during the show.

-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!




Download Link
Posted on

OA241: Is This The C-Hook That Could Send PG&E To Prison??

Today’s episode takes a deep dive into the potential criminal liability for Pacific Gas & Electric (PG&E) in connection with the 2018 California Wildfires and the c-hook that just might be the linchpin to the whole thing.  Are people going to prison?  Listen and find out!

We begin by celebrating a brand-new holiday:  Oversight Day, with the inauguration of Nancy Pelosi as Speaker of the House.  We talk about funding, job postings, and how they all relate to Yodel Mountain.

After that it’s time to get deep — and we mean deep — into PG&E’s latest court filing, what it has to do with a 2010 explosion and a 2016 order, and what really caused the California Camp Fire.  Along the way you’ll learn about obstruction of justice (again!), the Natural Gas Pipeline Safety Act (really!), and how a corporation can have an “abandoned and malignant heart.”

Then we end with an all new Thomas Takes The Bar Exam #108 about interstate car collectors-slash-thieves.   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. Your Oversight Day goodies include (a) this fabulous Savannah Guthrie interview with Speaker Pelosi; (b) this equally fabulous Twitter chain from Paul Krugman; (c) the House operations budget for 2019; (d) the Axios story on Republicans seeking to hire investigative counsel; and (e) the screenshot of the jobs posting.
  2. PG&E filings include (a) the PGE Superseding indictment; (b) the jury verdict; (c) the Sentencing and probationary conditions entered by the court; (d) the Court’s Nov. 27, 2018 written questions about the wildfires; (e) the Court’s supplemental order seeking an amicus from the California Attorney General’s office; (f) the answers filed by PGE – PGE Answers, the US Attorneys’ Office, and the California AG; and finally, the PGE written Report – Exhibit A that contains the information discussed on the show.

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

 

Download Link