OA712: LOCK HIM UP 3: Rise of the Machines

In our third of three episodes about potential criminal charges against Donald Trump, Liz and Andrew break down recent developments in the Jack Smith grand juries, including an order by Judge Beryl Howell requiring one of Trump’s lawyers to testify against him, as well as an update on those other cases.

In the Patreon bonus, Liz and Andrew break down the recent Report and Recommendation by Special Master Barbara Jones in the search warrant of James O’Keefe and Project Veritas.

Notes
OA 710
https://openargs.com/oa710-lock-him-up/

OA 711
https://openargs.com/oa711-lock-him-up-2-the-secret-of-the-ooze/

NY Article 175
https://ypdcrime.com/penal.law/article175.php

NY CPL 30.10(2)(b)
https://www.nysenate.gov/legislation/laws/CPL/30.10

Bobb certification
https://openargs.com/wp-content/uploads/2022.08.30-DOJ-Exhibits.pdf

DC Circuit Notice on Preferred Typeface
https://www.cadc.uscourts.gov/internet/home.nsf/Content/Announcement+-+Notice+-+Preferred+Typefaces+for+Briefs/$FILE/noticePreferredTypefacesForBriefs.pdf

FRAP 35
https://www.law.cornell.edu/rules/frap/rule_35

Special Master Barbara Jones Report and Recommendation
https://storage.courtlistener.com/recap/gov.uscourts.nysd.569993/gov.uscourts.nysd.569993.52.0.pdf

NYT on Manhattan GJ
https://www.nytimes.com/2023/03/22/nyregion/trump-grand-jury-delay.html?smid=tw-share

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OA710: LOCK HIM UP (?!)

THIS IS IT! Liz and Andrew answer all your legal questions regarding the anticipated imminent indictment of Donald Trump.

Notes
OA 708
https://openargs.com/oa708-stormy-daniels-strikes-back/

OA 621
https://openargs.com/oa621-the-fbi-goes-to-mar-a-lago-this-is-big/

18 U.S.C. § 2071
https://www.law.cornell.edu/uscode/text/18/2071

NY Section 570 
https://ypdcrime.com/cpl/article570.php

 CPL 190.50
https://www.nysenate.gov/legislation/laws/CPL/190.50

18 U.S. Code § 3056
https://www.law.cornell.edu/uscode/text/18/3056

Tekni-Plex v. Meyner & Landis, 674 NE 2d 663 (NY 1996)
https://scholar.google.com/scholar_case?case=10926959041167260833

Liz ATL on Tacopina
https://abovethelaw.com/2023/03/trump-lawyer-joseph-tacopina-formerly-consulted-with-stormy-daniels-whoopsie/

Rice and Nuzzi New York Magazine article
https://nymag.com/intelligencer/article/hunter-biden-laptop-investigation.html

Seth Barrett Tillman, ‘Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications,’ 5(1) British Journal of American Legal Studies 95 (2016) (peer review)

Seth Barrett Tillman, ‘Secretary Clinton Can Relax Because Section 2071 Disqualification Does Not Apply to the Presidency: A Response to Attorney General Michael B. Mukasey and Cause of Action (with a Short Reply from Attorney General Mukasey)’ (2015)

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OA702: Will Donald Trump Be Held Civilly Liable for Inciting the January 6th Insurrection?

Today, Liz and Andrew break down the latest developments in Blassingame v. Trump, a set of consolidated cases pending in the DC Circuit that will affect whether Donald Trump will have to compensate the victims of his attempted January 6th coup. You won’t want to miss this one!

Notes
US amicus brief in Blassingame v. Trump https://storage.courtlistener.com/recap/gov.uscourts.cadc.38510/gov.uscourts.cadc.38510.1218497852.0_4.pdf

42 U.S.C. 1985
https://www.law.cornell.edu/uscode/text/42/1985

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-And finally, remember that you can email us at openarguments@gmail.com

OA701: Fox’s Defamation F-Tussle and the Texas Broodmare Tax

Today, Liz and Andrew break down two stories that are all over the news: a proposed new bill in Texas that is an assault on both marriage equality and families. And then we have an update on how Dominion is doing in its defamation lawsuit against Fox News. You won’t want to miss it!

Notes
Texas HB 2889
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02889I.htm

TX Biennial Property Tax Report 2020-2021
https://openargs.com/wp-content/uploads/Biennial-Property-Tax-Report-Texas.pdf

2005 IRS bulletin – Frivolous Tax arguments
https://www.irs.gov/pub/irs-irbs/irb05-14.pdf

2007 IRS bulletin – more frivolous Tax arguments
https://www.irs.gov/pub/irs-irbs/irb07-14.pdf

Flora v. US, 362 U.S. 145 (1960)
https://scholar.google.com/scholar_case?case=13305625317215905

Helvering v. Mitchell, 303 U.S. 391 (1938)
https://scholar.google.com/scholar_case?case=1082206999326140100

US v. Windsor, 570 U.S. 744 (2013)
https://scholar.google.com/scholar_case?case=15904210835021146815

Equal Dignity for  Married Taxpayers Act
https://www.congress.gov/bill/117th-congress/house-bill/3833/text?r=98&s=1

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-And finally, remember that you can email us at openarguments@gmail.com

OA693: Is It A Good Thing When Your Lawyer Is Subpoenaed by a Grand Jury to Testify Against You? (No.)

Today is a Rapid Response Friday, and Liz and Andrew break down all the developments with the two grand juries convened by Jack Smith to investigate Donald Trump’s various crimes. Oh, and we also analyze the released portions of the Fulton County grand jury report which reveals a bit more than you might think!

We’ve also learned that a bunch of Trump lawyers have been subpoenaed to testify or otherwise the subject of grand jury questions, and you may be wondering how that’s possible, and we walk you through when privilege is.. not privilege!

Notes
Unredacted portions of Fulton County SPGJ Report
https://s3.documentcloud.org/documents/23683158/2022-ex-000024-ex-parte-order-of-the-judge-5.pdf

FRE 501
https://www.law.cornell.edu/rules/fre/rule_501

Bobb says she’s not a lawyer in documents case
https://www.salon.com/2022/10/03/attorney-lawyers-up–and-says-shes-willing-to-cooperate-with-doj-in-mar-a-lago-case-report/

 NYT Epshteyn story
https://www.nytimes.com/2023/02/14/us/politics/trump-lawyer-classified-documents-investigation.html

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OA691: Donald Trump and the Magical Classified Nightlight

Today, Liz and Andrew break down a number of stories, all of which are bad news for Donald Trump, and we put all of them into the context of Trump’s crimes. We also preview the forthcoming release of part of the Fulton County, GA special purpose grand jury report. Phew!

First, Liz continues to update us on the E. Jean Carroll litigation, this time focusing on Trump’s post-discovery stunt in which he now is willing to offer his DNA. Find out why this is a disingenuous stunt and find out all the law explaining why.

Then we learn more — much more — than you ever wanted to learn about Trump’s document retention and destruction policies. Hint: it involves nightlights and toilets, and no, we are not making that up.

Notes
Carroll II Docket
https://www.courtlistener.com/docket/65895581/carroll-v-trump/?order_by=desc

Jan 6 Committee Report
https://www.govinfo.gov/content/pkg/GPO-J6-REPORT/pdf/GPO-J6-REPORT.pdf

Feb 10 Trump “Truth”
https://truthsocial.com/users/realDonaldTrump/statuses/109844321125474837

McBurney order
https://s3.documentcloud.org/documents/23608438/2022-ex-000024-ex-parte-filing-12.pdf

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-And finally, remember that you can email us at openarguments@gmail.com

OA688: Oh No, the Privilege is MINE!

Today, Liz and Andrew have two stories for us, each touching on executive privilege.

We begin with a quick fun Liz story where what comes around, goes around, particularly in Georgia.

Then, for the first main story, Liz gives us a detailed update in the E. Jean Carroll litigation, where Trump has finally replaced Alina Habba with an actual lawyer. How’s that going to go for him? Hint: probably still not great.

After that, Andrew picks up a story involving the January 6th Committee, the New York Times, Politico, Judge Beryl A. Howell, executive privilege, and the world’s longest minute order. It’s a deep dive and a breaking news story all in one!

Notes
It’s okay to vote while black in Georgia!
https://www.gpb.org/news/2023/02/08/black-volunteers-passing-out-water-at-2020-albany-voting-site-cleared-of-wrongdoing

Facts about Georgia’s restrictions
https://www.politifact.com/factchecks/2021/mar/29/josh-holmes/facts-about-georgias-ban-food-water-giveaways-vote/

Clinton v. Jones, 520 U.S. 681 (1997)
https://scholar.google.com/scholar_case?case=1768307810279741111

The world’s longest minute order
https://www.courtlistener.com/docket/65636836/application-of-the-new-york-times-company-and-charlie-savage-for-access-to/?order_by=desc

Fed. R. Crim. Pro. 6
https://www.law.cornell.edu/rules/frcrmp/rule_6

McKeever v. Barr, 920 F.3d 842 (D.C. Cir. 2019)
https://scholar.google.com/scholar_case?case=3726944855474329424&q=mckeever+v+barr&hl=en&as_sdt=2006

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-And finally, remember that you can email us at openarguments@gmail.com

OA408: What Happens When The CARES Act Expires Tomorrow?

Today’s episode takes a deep dive into the Republican proposal to extend the CARES Act, which is (of course) called the HEALS Act. It’s a Republican proposal, so you know it’s probably terrible, but… how bad is it? (Bad.) Listen and find out!

Remember that our LIVE Q&A is THIS SATURDAY, 8/1, at 7:30 pm Eastern / 4:30 pm Pacific!

We begin, however, with some good news! The D.C. Circuit has granted en banc review and vacated the prior panel opinion in the Michael Flynn case. That means our amicus brief is (potentially) back in business, baby!

From there, we take down Trump’s idiotic distract-o-Tweet of the day involving postponing the 2020 Election. No. He can’t do this. It won’t happen. Trump’s a monster, but no.

Then it’s time for a deep dive on the CARES Act, which includes some mystery provisions we’ve outsourced to you, our listeners!

After all that, it’s time for #T3BE, this one a (straightforward?) question about permissible witness testimony. Remember that you too can play along by sharing this episode on social media using #T3BE.

Patreon Bonuses

Lots of goodies, including the Q&A Questions thread and Andrew’s “100 Seconds” talk to the UK Skeptics in the Pub!

Appearances

Andrew pops in again for an interview on The Daily Beans. And if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We broke down why Trump can’t cancel the election in detail in Episode 370.
  2. You can click here to read the McConnell HEALS Act proposal; here for the Rubio/Collins proposal we discussed on a second round of PPP loans; and here for the academic research led by Raj Chetty that PPP loans don’t work.

-Support us on Patreon at: patreon.com/law

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OA383: Trump’s Taxes & The CARES Act (Or: Why Your Vote Matters)

Today’s episode checks back in with the status of the consolidated cases pending before the Supreme Court regarding Trump’s tax returns. As it turns out, this overlaps pretty strongly with the show’s “B” segment about the potential for abuse in the CARES Act.

We begin with a colossal “Andrew Was Wrong” — in which Andrew optimistically predicted we’d see Trump’s tax returns in 2019. That… turned out not to be the case. So what are the odds that we’ll see Trump’s taxes before the November elections? Listen and find out!

After that, it’s time for another semi-deep-dive, and this time we’re checking back in with the just-passed CARES Act as Andrew talks about a provision we missed the first time around that has the potential to… well, you’ll just have to listen and find out!

Then, it’s time for the answer to #T3BE 176 involving burning a copy of the IRS Code. Is it illegal? If so, why?

Patreon Bonuses

If you missed our live Q&A, you can check out the audio here!

Appearances

Andrew was just a guest on Episode 121 of the Skepticrat, talking about the abuse of the Paycheck Protection Program and other crazy legal stories in the news. 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

  1. Click here to read the letter sent by Liz Warren & other Democratic Senators to Deutsche Bank.
  2. Our comprehensive overview of the CARES Act was in Episode 372, and you can read the final CARES Act here.
  3. The Sunshine Act is 5 U.S.C. § 552b.

-Support us on Patreon at: patreon.com/law

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-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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