OA260: Res Ipsa Loquitur

Today’s episode is inspired by a law student listener question about a recent Thomas Takes The Bar Exam hypothetical, and takes a deep dive into the wonderful and wacky world of res ipsa loquitur.   What does that even mean?  You’ll have to listen and find out!

We begin with a brief Andrew Was Wrong segment about Donald Trump and drone use, followed up by an Andrew Was Right segment about multiple states suing to block the implementation of Trump’s HHS regulations relating to Title X that we discussed in Episode 258.

Then it’s time for that deep dive into res ipsa loquitur that you didn’t know you wanted until now!

After all that, it’s time for some Bonus Tuesday Yodeling, in which we check in on Roger Stone’s “Motion to Clarify” that was denied by Judge Jackson and an update on the House Republicans’ hilariously misguided efforts to try and discredit Michael Cohen by pointing out that he sure seems to like to lie on behalf of his client.  You won’t want to miss it!

Then, it’s time for the answer to Thomas Takes The Bar Exam #117.  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. Here’s a link to the Daily Beast article about Trump and drone strikes we teased in the opening segment.
  2. We’ve uploaded both Title X complaints:  the one filed by California as well as the multistate complaint.
  3. More on Title X:  click here for the actual law (42 U.S.C. § 300 et seq.); click here for the accompanying regulations (42 C.F.R. Part 59), and click here to read the new final rule promulgated by HHS regarding Title X.  And, of course, you can click here to read Rep. Cummings’s letter regarding the rule.
  4. This is Rep. Jordan’s “own goal” letter.
  5. Finally, here’s Judge Jackson’s Order regarding Roger Stone.

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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OA257.5 Michael Cohen Testifies, Part 2

Today’s episode continues our breakdown of ex-Trump fixer Michael Cohen’s testimony before the House of Representatives and all the Yodel Mountain implications that stem from it that we started in Episode 257.  What’s next?  Listen and find out!

We begin where we left off — with Michael Cohen.  Find out how Cohen’s testimony (and documents) implicate our favorite legal genius, Stormy Daniels!

After that, it’s time to check in on Roger Stone’s former flunky, Andrew Miller, and his quixotic quest to undo the Mueller investigation.  That effort was just slapped down by the Court of Appeals for the D.C. Circuit, and we’ve got the full opinion covered for you.

Then, it’s time to check in on an odd development in the sentencing saga of Paul Manafort.  What does the government’s latest (redacted) filing portend?  We’re not entirely sure… but we want you to know what we know.

And then — after all that! — we  end with a brand new Thomas Takes the Bar Exam Question #116 regarding a rather odd traffic accident.  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 just a guest on HBO’s Vice News!  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 documents Michael Cohen brought to Congress.
2. Marcy Wheeler’s article: How Trump Suborns Perjury.
3. DC Circuit’s opinion in Andrew Miller’s In Re: Grand Jury appeal.
4. Court’s sua sponte order.
5. Government’s sentencing memo in Manafort’s DC trial.
6. Manafort’s response memo.
7. Government’s Supplemental heavily redacted memo.

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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OA255: Wall of Emergency

Today’s episode breaks down Trump’s recent declaration of a state of national emergency as a pretext to build his big, dumb wall.  What’s being done about it?  What can be done about it?  Listen and find out!

We begin, however, with a trip up Yodel Mountain to observe one of its most bizarre members, Roger Stone, who recently posted a “notice of apology” after having uploaded a picture to Instagram of Judge Jackson with a reticule nearby.  What does this mean for the gag order entered in his case?   We tell all — even before the court ruled!

Next, it’s time for our main segment about the wall.  Andrew breaks down exactly where the funding is going to come from, and details all the lawsuits to try and block it.  We end the segment, of course, with a (pessimistic) prediction.

Then, it’s time for even more yodeling.  Is the Mueller investigation really coming to an end? If so, what’s next?  And what about

We end, as always, with a brand new Thomas Takes the Bar Exam Question #115 about offers to compromise.  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 just a guest on Episode 87 of the So Here’s My Story podcast; go check it out!  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. Stone’s notice of apology.
2. Stone’s original partial gag order.
3. 18 U.S. Code § 1512: Tampering with a witness, victim, or an informant.
4. The Emergency Declaration.
5. The Presidential Border Security Victory Proclamation
6. Episode OA 243: BUILD THAT WALL!! where we first discussed states of emergency.
7. The Landowners lawsuit filed in DC, Sierra Club/ACLU lawsuit, and finally the California lawsuit filed by 16 states discussed in the show: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia.
8. 31 U.S.C. § 9703 (TFF).
9. Department of the Treasury Forfeiture Fund.
10. 10 U.S. Code § 284 – Support for counterdrug activities and activities to counter transnational organized crime.
11. 10 U.S. Code § 2808 – Construction authority in the event of a declaration of war or national emergency – discussed in OA: 243 and “Military construction” defined in 10 U.S.C. § 2801(a).
12. Cummings report on Saudi Arabia.
13. Manafort sentencing discussed DC in OA 253: Religious Freedom and Domineque Ray
14. The transcript of Judge Jackson’s findings on Manafort’s lies
15. Manafort gets a 38 in the E.D.Va sentencing memo
16. Cohen to testify publicly before the House Oversight Committee on Feb. 27th.

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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OA249: Overturning Roe v. Wade Starts Today

Today’s episode sounds the alarm as to whether our activist right-wing Supreme Court is ready to effectively overturn Roe v. Wade and essentially permit the entire state of Louisiana to all but ban the right to an abortion in that state.  We’re NOT an alarmist podcast, but this is something you need to be watching.  We also follow up on the Trump Shutdown, answer a listener question regarding our discussion of the Hilton lawsuit from last episode, and (of course) take our weekly visit to Yodel Mountain, this time on the back of one Roger Stone.  Are these all just “process crimes?”  And what the hell does that mean, anyway?  Strap in and find out!

We begin, however, with a brief look at the end of the Trump Shutdown and what’s likely to come next.

After that, we tackle some questions and misperceptions regarding our story of the lawsuit against Hilton hotels from Episode 248.

Then, it’s time for the main segment, which takes a look at a pending Supreme Court motion and discusses what this means for the future of Roe v. Wade and the right to a legal abortion in this country.  Yes, it really is that significant.

Then, it’s time for a trip to Yodel Mountain to discuss “process crimes” rapid-fire round of questions about Trump’s shutdown.  Why is Congress still getting paid?  Who can sue, and why haven’t they?  Find out the answers to these questions and more!

We end, as always, with a brand new Thomas Takes the Bar Exam Question #112 about murder most foul!  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. Ann Coulter was responsible for the shutdown and Trump’s approval ratings take a hit. (Thomas Was Right)
2. A series of bipartisan proposals show support for ending shutdowns.
3. Title VII of the Civil Rights Act of 1964 42 U.S.C. § 2000e et seq.
4. Several years ago, Andrew wrote on reasonable religious accommodations at Disney when he was still working for The Man.
5. We discussed Planned Parenthood v. Casey in OA: Episode 27 and OA Episode: 28.
6. Whole Woman’s Health v. Hellerstedt 136 S.Ct. 2292 (2016)
7. June Medical Services v. Gee, 905 F.3d 787 (5th Cir. 2018)
8. MOTION TO STAY filed by June.
9. Dershowitz – what the defenders are saying and why it’s Wrong . Followed by Seth Abramson’s Smackdown thread.
10. Stone Indictment
11. More on Randy Credico from his wiki entry and twitter.
12. Roger Stone will work the media
13. Concord Management & Consulting media discovery.
14. The joint motion in Roger Stone’s case and the “voluminous and complex” evidence against him.

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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OA231: The End of the Beginning (for Trump)

“Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.” – Winston Churchill.  And yes, today does, in fact, mark the end of the beginning of the Mueller Investigation… and perhaps for Donald Trump.  Why?  You’ll just have to listen and find out!

In this super-sized episode, we tackle:

(1) Michael Cohen’s just-announced plea to a new count of lying — this time in connection with his prior testimony before the Senate and House Intelligence Committees investigating Russian interference in the 2016 elections;

(2) A follow-up on Andrew Miller and Concord Management and Consulting, including a fascinating new blog written by Randall Eliason with Yodel Mountain implications;

(3) Paul Manafort’s apparent repudiation of his plea deal with Mueller, what that means and when we’ll know;

(4) Jerome Corsi’s public refusal to plead and cooperate with the Mueller investigation over WikiLeaks and Julian Assange; and

(5) An update in the Brain Frosh

Finally, we end with an all new Thomas Takes The Bar Exam #103 on a property owner who has the rug pulled out from under him due to a new law.   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. Click here to read the new Information to which Cohen pled guilty to today.
  2. This is the BuzzFeed article on Cohen, Felix Sater, and Trump’s efforts to get a building in Moscow over the past 30 years.  Oh, and here’s a link to Trump’s tweet that he has “ZERO INVESTMENTS IN RUSSIA.
  3. We discussed the Andrew Miller lawsuit in OA 229; you’ll definitely want to read the two new filings: Silbey’s supplemental amicus “letter”, and Christenson’s… something.
  4. You’ll definitely want to check out Randall Eliason’s blog analyzing the Concord Management and Consulting lawsuit and what it means for 18 U.S.C. § 371 conspiracy charges (of the sort that might be filed against Trump).
  5. Here’s Manafort’s original plea deal, and this is the Joint Status Report filed earlier this week. Oh, and this is Manafort’s waiver of his right to appear at the scheduling conference.
  6. This is the Marcy Wheeler article we broke down; for the other side, here’s the Wall Street Journal report suggesting Manafort lied about non-Trump-related personal business dealings.
  7. This is the Guardian article connecting Manafort to Julian Assange and WikiLeaks; here is the fantastic Washington Post article and timeline on what that means if true.
  8. Here’s Corsi’s draft deal with Manafort that he rejected.
  9. Finally, we discussed the Brian Frosh lawsuit against Matthew Whitaker in Episode 227; you can now read the amicus brief filed by 15 state attorneys general.  Phew!

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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OA229: Andrew Miller & the Appointments Clause

Today’s Thanksgiving Special / Rapid Response episode takes a look at the single most important Yodel Mountain case pending right now:  Andrew Miller’s lawsuit before the Court of Appeals for the District of Columbia Circuit.  Find out what it all means!

We begin, however, with a brief Andrew Was Right and roundup on the status of the Jim Acosta lawsuit, which has been mooted thanks to the injunctive relief won by CNN (and the White House’s decision to restore Acosta’s credentials).

Then, it’s time for the deep dive into Andrew Miller and his Don Quixote-esque foray into our legal system to challenge Robert Mueller’s authority.  Along the way you’ll find out who Andrew’s Shattered Glass doppelganger is, and learn more than you ever thought possible about the U.S. Constitution’s “Appointments Clause.”

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

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. The “recalcitrant witness” statute is 28 U.S.C.  § 1826.
  2. Click here to read Judge Howell’s U.S.D.C. trial court opinion.
  3. We pulled a ton of documents for you in the Miller case, including (a) Concord’s motion to intervene; (b) Concord’s amicus brief on the merits; (c) the eminently silly Sibley amicus brief; (d) Robert Mueller’s merits brief; (e) Andrew Miller’s merits brief; (f) Andrew Miller’s supplemental brief; and (g) Rober Mueller’s supplemental brief.  Phew!
  4. Don’t be afraid to check out In Re Sealed Case, 829 F.2d 50 (D.C. Cir. 1987) for the case that’s directly on point.
  5. Finally, you can read the “nearly a heart attack” regs on Mueller’s funding (28 CFR § 600.8(a)(2)) 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

And email us at openarguments@gmail.com



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