Presidential succession – Opening Arguments

Topics of Discussion:

Andrew Was (?) About Presidential Succession
Your Guide to the Coronavirus, Part 2
T3BE – Question

[Show Intro]

Thomas: Hello and welcome to Opening Arguments, this is episode 368, I’m Thomas, that’s Andrew. How’re you doing, Andrew?

Andrew: I am doing fantastic. For those whom I met and shook hands with last week in Houston, I have zero signs of fever or coughing, fatigue, any of that. So I’m fine, I’m healthy, how are you?

Thomas: Still operating under the impression that I already had coronavirus.

Andrew: Yeah.

Thomas: I don’t think anyone’s ever gonna talk me out of that. I was trying to pretend like I was joking, still not joking.

Andrew: [Laughing] You do know it’s not the chickenpox, right?

March 12, 2020March 13, 2020

OA368: Your Guide to the Coronavirus, Part 2

Today’s episode continues our discussion from Episode 366 on the political, criminal, and civil legal issues surrounding coronavirus and COVID-19 in the United States, including whether the CDC has the authority to waive the fees associated with testing for the virus (they do!) and how this is going to affect civil society (badly). You won’t want to miss it — and you’ll be stuck inside your house anyway, so you’ll have all the time in the world to listen!

We begin, however, with some nuance regarding An Andrew Was Right, the line of Presidential succession, the 12th and 22nd Amendments, and whether Barack Obama can be Joe Biden’s Vice-President. Learn that… apparently there’s an argument that he could?

After that, it’s time for the main segment, which covers COVID-19 and the coronavirus, specifically (a) Rep. Katie Porter’s amazing cross-examination of the CDC Director and the legal authority; (b) lawsuits against con artists like Jim Bakker and Alex Jones; (c) Congress’s response; (d) more on private lawsuits and the specific example of SXSW; and (e) a really interesting question about jury duty and the future of jury trials.

After all that, it’s time for a dreaded REAL PROPERTY #T3BE. Can you get it right? Just share out this episode on social media, include the hashtag #T3BE, your guess, and your reasons therefor and we will shower the winner with… well, you know.

Appearances

Andrew was just a guest speaker at Houston OASIS, and we’ll be working to bring you the audio of his speech from that event. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

In the “A” segment on Presidential succession, we referenced this law review article from Peabody & Gant.
Check out the video of Katie Porter’s blistering cross-examination of the CDC Director as well as the text of 42 CFR § 71.30.
And, of course, you’ll want to listen to our original coverage back in Episode 366.

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Download Link

March 9, 2020March 9, 2020

Transcript of OA366: Your Guide to the Coronavirus!

Listen to the episode and read the show notes

Topics of Discussion:

Can Joe Biden Pick Obama as Vice President?
Coronavirus
Yodel Mountain: Don McGahn’s Testimony
T3BE – Question

[Show Intro]

Thomas: Hello and welcome to Opening Arguments, this is episode 366. I’m Thomas Smith, and, uh, we can’t have nice things Andrew. How’re you doing?

Andrew: [Sighs] Ahhh, yeah. It’s not a great day for me, although I am wearing a full gas mask so that will prevent me from-

March 5, 2020March 6, 2020

OA366: Your Guide to the Coronavirus!

Today’s episode breaks down force majeure clauses in contracts and takes a look at what might happen in the next few weeks as the world prepares to deal with COVID-19 coronavirus. Along the way we also tackle the news of the week, including the baffling decision out of the DC Circuit not to require Don McGahn to testify. You won’t want to miss this episode!

We begin, however, with some recurring Vice Presidential/line of succession questions and take a mini-deep-dive into the absolutely bonkers elections of 1796 and 1800 that produced the 12th Amendment, and what it says about vice-presidential qualifications.

After that, it’s time for our main segment on coronavirus, which includes a deep dive into various cases where contracts have been broken due to “acts of god.” Is a global pandemic an “act of god?” Listen, find out, and you’ll soon be able to whip out four-part tests if your hotel tries to cancel your room due to coronavirus scares.

Then, it’s time to pick apart the D.C. Circuit’s 2-1 baffling opinion that the House Oversight Committee lacks standing to go to a court to enforce its subpoena over Don McGahn. This is technically an “Andrew Was Wrong,” because Andrew did not imagine that any judges with functioning brain cells could have authored an opinion this bad. Find out what’s next!

After all that, it’s time for a brand new Thomas Takes the Bar Exam involving a tainted witness identification. And remember that you too can play along by sharing out this episode on social media and using the hashtag #T3BE.