OA281: Follow the Money! (Analyzing Judge Mehta’s Order)

Today’s episode breaks down Judge Mehta’s recent order in the Trump v. Mazars litigation, which is parallel to the Deutsche Bank lawsuit we discussed on last week’s show. Why is this ruling significant, how does it accelerate the House’s efforts to uncover crucial financial documents, and what does this mean for the future of the Trump Presidency? Listen and find out!

We begin, however, with a look at some late-breaking news from Sen. Elizabeth Warren and Rep. Alexandria Ocasio-Cortez, who have requested information from Treasury Secretary Steven Mnuchin related to his tenure at Sears (that we discussed in Episode 273) and whether that conduct continued during his time working for the Trump administration.

Then, it’s time for the main segment, in which we discuss Judge Mehta’s order, what it means for the future of the Trump investigations (and for future presidential administrations!), as well as deal with skeptical questions about the potential timeframe. Learn how the Congressional Democrats maneuvered to get this case fast-tracked so as to avoid endless delays — and listen to Andrew’s possibly-surprising prediction about what he thinks the Supreme Court won’t do to protect Trump!

After all that, it’s time for a brand new Thomas Takes the Bar Exam #127… and yes, it’s another dreaded real property question. Worse, it’s a hard one — in which the question gives you the answer but asks for the best reason why. Find out what happens when someone conveys property and dies while the gift recipient is overseas serving in the military. And if you’d like to play along with #TTTBE, just share out this episode on social media for a chance to be next week’s winner!

Appearances

Andrew was a guest on the most recent episode of Pod Therapy, discussing the “Goldwater Rule,” and Thomas was a guest on Episode 196 of God Awful Movies, “Alien Intrusion: Unmasking a Deception.” 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.  This is the link to the Warren/AOC letter to Mnuchin

2.  We most recently discussed the Congressional subpoenas into Trump’s finances in Episode 279.

3.  Text of Judge Mehta’s order in the Mazars case.

4.  This is the New York Times story about the Deutsche Bank whistleblower; and for an in-depth discussion of SARs reports, check out Carla McCadden in Episode 174.

5.  This is the report that some lenders have already provided documents to the House, and we discussed the Wells Fargo penalties in Episode 146 and 169.

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





Download Link

OA279: Deutsche Wanna Loan?

Today’s episode breaks down everything you need to know about the pending Trump v. Deutsche Bank lawsuit over the pending Congressional subpoenas for Donald Trump’s (and Don Jr.’s, and Eric’s, and Ivanka’s, and the Trump Organization’s) financial records. Why is Trump suing Deutsche Bank, and what’s going to happen? Find out why Andrew is still optimistic!

We begin, however, with the breaking news that Trump has pardoned Conrad Black. Who is he? Should this be a scandal? (Yes.) Will it be? (No.) And is Conrad Black a gigantic racist? (Guess.)

Then, it’s time for the main segment about Trump v. Deutsche Bank. We talk about the unique legal standard in the Second Circuit that gives the Trump legal team a legitimate thread by which to argue for their injunction preventing Deutsche Bank from disclosing Trump’s financial records to the House Committee.

Then, it’s time to answer a listener question from Rob Bate about conspiracy, obstruction, and the Mueller Report.

After all that, it’s time for a brand-new Thomas Takes The Bar Exam #126 involving whether shooting a would-be assailant who has broken off her attack is homicide, and if so, what kind.

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 Conrad Black’s disgusting “Who Was Really At Fault In Charlottesville?” essay.
  2. Check out the Wikipedia entry on Michael McFaul.
  3. And his testimony to the House Intelligence Committee.
  4. Here are the Trump v. Deutsche Bank documents
    -The Complaint
    -Trump’s Motion for a Preliminary Injunction
    -Deutsche Bank’s statement
    -The House Committee’s Opposition
    -Trump’s reply memorandum
  5. We cited Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., 598 F.3d 30 (2010) for the proposition that the 2nd Circuit recognizes an alternative test.
  6. And, of course, credit for the fabulous “Deutsche Wanna Loan?” goes to our friends at Mueller, She Wrote

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





Download Link

OA270: Happy Tax Day!

Today’s episode brings you a trio of timely stories that all revolve around taxes: the Michael Avenatti indictment (for 29 courts of tax fraud), proposed legislation that some are arguing hamstrings the IRS, and (of course) the status of Congress’s efforts to get Trump’s tax returns. We also learned about very cool free online tax filing (Free File)… albeit too late to help most of you. Sorry about that.

We begin with the lawyer who will never come on our show — Michael Avenatti, who rose to fame on the back of the genius of Stormy Daniels, and whom we first debunked as a grifter just a few months later (way back in Episode 181!) Turns out he’s been arrested for tax fraud. Who could have seen that coming? (Oh yeah, everyone.)

After that, it’s time for a deep dive into HR 1957, the Taxpayer First Act of 2019. Is it really a Democratic-sponsored sellout to Turbotax, as some folks are saying? Listen and find out!

Then, it’s time to revisit the question of Trump’s taxes. Can Trump really stonewall indefinitely on his taxes? (No.) Does the law pave the way for Democrats to get his tax returns? (Yes.)

After all that, it’s time for the answer to TTTBE #122 regarding the nonexistence of official documents.  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! Andrew will be at the American Atheist convention in Cincinnati, Ohio this weekend, April 19-21. 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. For 2020: Click here to access Free File.
  2. You can read Avenatti’s indictment, and/or catch up on all his scumbaggery by re-listening to Episode 181.
  3. This is the text of H.R. 1957, this is the text of the Eighth Memoradum of Understanding between the IRS and Free File, and this is the text of 67 Fed. Red. 67247 which references the MOU.
  4. Here’s an example of an alarmist op-ed in the Washington Post, and this is the initial article from ProPublica.
  5. We first outlined how to get Trump’s tax returns back in Episode 226; that’s still the right plan. We covered Rep. Neal’s request in Episode 267. The applicable statute is 26 U.S.C. § 6013.
  6. You can read Consovoy’s totally crazy crazypants letter 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, which now has its own Twitter feed!  @oawiki

And email us at openarguments@gmail.com





Download Link

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

 

Download Link