Tag: Russian interference

Posted on

OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!

Today’s episode begins with a discussion of the recent dismissal of charges by the Department of Justice against Concord Management & Consulting, LLC (and Concord Catering) with prejudice. Is this another example of Attorney General Bill Barr’s meddling? We explain that it… probably… isn’t. Probably.

After that, it’s time for the first part of a double-length episode in which we tackle your questions about the coronavirus and the law. First up are all the questions involving elections, including whether and how Trump can suspend or eliminate the election, and what would happen if he did. If you’ve always wanted Vermont Senator Pat Leahy to be President, well, this is the episode for you!

No #T3BE this week as we jam-pack 2.5 hours of content for your self-quarantining listening pleasure!

Patreon Bonuses

If you’re at the $2 level or above, we have an amazing new Law’d Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed! Cucker Carlson!

Appearances

None! 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

  1. On Concord Management: you can check out the 2019 Motion alleging that Concord was abusing the discovery process as well as the 3/16/20 motion to dismiss.
  2. As an overview to states of emergency, we began with Ex parte Milligan (1866).
  3. On primaries: Check out the Ohio Supreme Court’s denial of the writ of mandamus to hold the March 16 primary, as well as the lawsuit filed by the Ohio Democratic Party. Oh, and if you want to be depressed, read Nixon v. Herndon, 273 U.S. 536 (1927).
  4. Election statutes: 2 U.S.C. §§ 1, 7 (“Time of Election”) and 3 U.S.C. §§ 1 et seq. And of course, don’t forget Bush v. Gore, 531 U.S. 98 (2000), which we broke down way back in Episodes 3, 4, and 5 of the show!
  5. Presidential succession is governed, inter alia, by the 20th Amendment and the Presidential Succession Act, 3 U.S.C. § 19, and the Speaker of the House is required by Art. I, Section 2 of the Constitution and implemented by the House Rules.
  6. Pat Leahy as President was first proposed by journalist Ian Millhiser.

-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 OA334: IVF, LIHEAP & the Russians

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Argument!  This is episode 334, I’m Thomas Smith, that’s Andrew Torrez!  How’re you doing Andrew?

Andrew:         I am doing fantastic Thomas!  We just recorded episode 35 of Law’d Awful Movies!

Thomas:         Ha-hah!

Andrew:         We watched the pilot of Bluff City Law and, you know, they’re all great.

Thomas:         [Laughs]

Andrew:         All of our Law’d Awful Movies are great, I dunno, I felt like this was a pretty good episode.

Continue reading “Transcript of OA334: IVF, LIHEAP & the Russians”
Posted on

OA334: IVF, LIHEAP & the Russians

Today’s episode features a deep dive into what used to be a core Republican program, the Low-Income Home Energy Assistance Program, or LIHEAP. Did you know that every year, over a thousand people — most of them with homes — freeze to death in the U.S.? Did you know that both political parties used to want to do something about that?

We begin, however, with some listener feedback from our popular recent Episode 330 in which we broke down a recent decision by the Connecticut Supreme Court regarding “pre-embryos” and in vitro fertilization (IVF). Hear from a published scientist and an IVF mom!

Then, it’s time for our deep dive into LIHEAP, 42 U.S.C. § 8621 et seq. You’ll learn all about the problem of home heating in this country and what we do about it… at least for now. You’ll also learn exactly how much the Trump administration would like to fund this program, which you won’t be surprised to learn is $0.

But that’s not all! Our “C” segment features a lengthy explanation from election law expert Beth Kingsley who answers the question “Could Donald Trump just hire Vladimir Putin to work on his 2020 re-election campaign if he discloses it?” The answer is more complicated than you’d expect and just might surprise you.

After all that, it’s time for the answer to Friday’s #T3BE 153 about the admissibility of a doctor’s note in court. Will Thomas get this one right?? Listen and find out!

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. Please do participate in our favorite charity event of the year, Vulgarity for Charity! To participate, just donate $50 or more to Modest Needs, and then send a copy of the receipt to vulgarityforcharity@gmail.com along with your request for a roast. You can even request that Thomas & Andrew roast the victim of your choice.
  2. We discussed both the IVF decision and the election hypothetical back in Episode 330.
  3. You can read the LIHEAP law for yourself; it’s 42 U.S.C. § 8621 et seq. The data we discussed on the episode comes from Olivia Wein’s study, and the funding numbers come from this government document.
  4. This is the link to the FEC’s guidance we discussed in the “C” segment.
  5. Finally, check out an actual IVF contract, thanks to Valerie Smith!

-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

OA302: #DemocracyRIP

Today’s episode is all about democracy — from the Russian efforts to de-legitimize a Clinton victory in 2016 with the #DemocracyRIP hashtag and media storm to those very same tactics being employed right now in 2019. Is a new California law requiring a presidential candidate to disclose his or her tax returns the answer? Listen and find out!

We begin with the release of the (Republican) Senate Intelligence Committee Report, Vol. I, which details the extent of the Russian government’s activities to infiltrate U.S. elections in 2016, including de-legitimatizing an expected Hillary Clinton victory with social media storming (and the #DemocracyRIP hashtag). It’s truly terrifying. And then we move from that report to something that looks to be in exactly the same vein after the second night of the Democratic primary debate. Coincidence or conspiracy? You decide!

After that, it’s time for a deep dive into California Bill SB27 which requires Presidential (and gubernatorial) candidates to disclose their tax returns. Find out what the media has mis-reported, what this bill actually does, why Andrew Was Wrong, and where the future is headed for mandatory disclosure requirements.

Then, we tackle another potential conspiracy theory — this time, that the California State Bar secretly leaked bar exam questions to certain elite law schools. Is it true? (Not really.)

After all that, it’s time for a brand new #T3BE on regulations regarding pasteurized beer. Will Thomas break his losing streak?

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 that there are just 3 tickets remaining for Opening Arguments Live in New York on August 10, 2019! Click here to get your tickets before they’re gone!
  2. Here’s a link to the (heavily redacted) Vol. I of the Senate Intelligence Committee report on Russian interference in U.S. elections.
  3. This is the actual evidence related to #KamalaHarrisDestroyed, including (a) the Hill article and (b) the February 2nd, 2019 NBC News story.
  4. Click here to read California SB27.
  5. This is the ABA Journal article on the California bar, and this is the letter sent out to CA law school deans.

-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