Tag: tax returns

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Transcript of OA372: The CARES Act, COVID-19, and Your $1,200 Check

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 372!  I’m Thomas Smith, that’s Andrew Torrez.  How’re you doing, Andrew?

Andrew:         Well I am doing coronavirus-infested fantastic, Thomas, how are you?

Thomas:         Yeah, I mean we were all very concerned that you were infected with said coronavirus, are you feeling … better?  Recovering?

Andrew:         I honestly think that it was sort of a combination of crappy seasonal cold and then that first day it went from like 35 to 75 here and I think the pollen went nuts.  So in any event, I have been feeling lousy for about a week but following the protocols and I am on the upswing.

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OA372: The CARES Act, COVID-19, and Your $1,200 Check

Today’s episode breaks down the three main provisions of the just-passed CARES Act in terms of (1) additional unemployment benefits, (2) tax relief in the form of advance $1,200 “rebate” checks to taxpayers, and (3) the $500 billion “slush fund” for corporate giveaways. While there’s more in this 880-page monstrosity, we break down the key parts for you!

We begin, however, with some good news about the impending retirement of Ohio Rep., Trump-supporting lunatic, and soon-to-be-White House Chief of Staff Mark Meadows. Does this violate the Ineligibility Clause of the Constitution? YOU BETCHA. Is it #ClearAsKushner? YEP! And this time, does it matter? YES IT DOES!

After that it’s time for a full breakdown of the main components of the CARES Act, including how much money you’ll be getting and when, what the costs are, and what the provisions are that can come into play to prevent all of this from winding up in Jared Kushner’s pocket. You won’t want to miss it!

After all that, it’s time for a quick segment on IRS Form W-7, which allows you to pay your taxes if you’re a nonresident alien.

Patreon Bonuses

There’s so much right now! If you’re a Patron, you can submit your questions for next Tuesday’s LIVE Q&A scheduled for 3/31 at 8 pm Eastern / 5 pm Pacific, and you can also enjoy Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides!

Appearances

Andrew was just a guest on the Daily Beans Podcast, talking President Leahy. 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 the Ineligibility Clause: check out Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208 (1974) (restricting taxpayer and citizen standing) and Metropolitan Washington Airports Authority et al. v. Citizens For The Abatement Of Aircraft Noise, Inc., et al., 501 U.S. 252 (1991) (invalidating Congressional action pursuant to the Ineligiblity Clause).
  2. You can read the final CARES ACT for yourself, all 880 pages of it!
  3. Please do fill out IRS Form W-7 if it applies to you.

-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!



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Transcript of OA364: Will the Supreme Court Shield Trump’s Taxes? (No.)

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 364, and I’m Thomas, that’s Andrew.  How’re you doing, Andrew?

Andrew:         [Laughs] I am fantastic, Thomas!  How are you?

Thomas:         I am just-  we got so much good stuff to talk about.  There are lawsuits and lawsuits and more lawsuits and they pretty much just involve Trump, but lots of questions, lots of stuff I’m seeing posted on social media, people are unclear about what a lot of this means and that’s my favorite because Andrew’s here to break it down for us and tell us how this all actually works.  So I’m excited, you excited?

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OA364: Will The Supreme Court Shield Trump’s Taxes? (No.)

Today’s episode takes a deep dive into the just-filed briefs in the Trump v. Mazars litigation pending before the Supreme Court regarding the legitimacy of the House’s subpoenas for Trump’s tax returns. Is the law on the House’s side? (Yes, yes it is.) Are we confident that the Supreme Court will rule the right way in a case this bad? (Maybe?) In any event, you’ll want to listen!

Announcements

  1. Don’t forget our YouTube Live Q&A this Sunday, March 1, at 1:30 pm Eastern / 10:30 am Pacific!
  2. You still have two days to register for Voter Protection Law School Boot Camp!

We begin with an Andrew Was Wrong(-ish) from our good friend Randall Eliason on the actual frequency of below-guidelines sentences in light of Roger Stone’s downward variance.

Then it’s time for a deep dive into Mazars v. Trump, where we look at the briefs filed by the parties and evaluate the arguments made by the Trump administration that the subpoenas issued by the House are invalid. How bad are these arguments? They’re bad.

Then, it’s time to tackle the recent defamation lawsuit filed by the Trump campaign against the New York Times regarding a March 2019 op-ed by Max Frankel, in which Mr. Frankel argued that the campaign didn’t need to coordinate with Russia to benefit from foreign assistance. Does this pave the way for really good discovery? (No.)

After all that, it’s time for a brand-new #T3BE involving a law prohibiting providing assistance to undocumented aliens. Can Thomas start a new winning streak? Listen and find out. And, of course, you can always play along on social media by using the hashtag #T3BE!

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. Remember to check out our YouTube Channel !
  2. If you’re thinking about Democratic Voter Protection Law School Bootcamp, check out the flyer and then apply online.
  3. n the opening segment, Andrew references the U.S. Sentencing Commission (2018) report on sentences.
  4. in Mazars v. Trump, check out the President’s Jay Sekulow-penned brief as well as the just-filed response by the House of Representatives. You can also read the Franchise Tax Bd. v. Hyatt (2019) decision.
  5. Finally, check out the Trump Campaign v. New York Times defamation lawsuit.

-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!



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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?

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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!




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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!




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OA267: Originalism and the Eighth Amendment (Bucklew v. Precythe)

Today’s breaking news episode takes an in-depth look at Bucklew v. Precythe, a recent Supreme Court decision that lays bare the “originalist” view of the Eighth Amendment.  Is it as bad as you think it is?  (Yes.)

We begin, however, with a look at Texas v. U.S. and the recent news that the Trump administration “changed its mind” and “will no longer defend” the Affordable Care Act.  What does that mean?  Listen and find out!

Then, it’s time for our deep dive into Bucklew v. Precythe, the Supreme Court’s analysis of how the 8th Amendment applies in capital punishment cases.

After that, we go back to Yodel Mountain for some updates on the congressional investigations, including the Congressional request for Trump’s tax returns and an EPIC FOIA request.

And if all that isn’t enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #121 involving the constitutionality of Presidential executive orders.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

Thomas was just a guest on the Cognitive Dissonance podcast; go check it out!  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. Wikipedia entry on sodium thiopental can be found here.
2. Glossip v. Gross (2015)
3. Supreme Court’s opinion in Bucklew v. Precythe (Apr. 1, 2019)
4. 8th Circuit’s opinion below in Bucklew
5. Congressional letter requesting Trump’s taxes
6. Bonus! Zuckerman amicus brief in the ACA litigation.

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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