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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OA243: Build That Wall!!

Today’s episode tackles the mechanics of the shutdown and whether (and how) Donald Trump can build that wall despite widespread opposition.

We begin with an Andrew Was Wrong about the identity of Corey Robin and the incorporation doctrine.  Enjoy a fun segue to Gitlow v. New York and why you should never repeat the trope that free speech doesn’t include the right to shout ‘fire’ in a crowded theater.

After that, it’s a deep dive into… what exactly is a “government shutdown,” anyway?  What laws govern this? Why do some federal employees have to keep showing up?  Isn’t that “involuntary servitude?” And can Trump declare a state of emergency or use “military eminent domain” to just build the wall anyway?

Then, it’s time for our weekly trip back to Yodel Mountain.  In Rod We Trust… so why is he stepping down? And what’s the deal with that secret foreign-owned corporation that shut down an entire floor right before the holidays?  Listen and find out!

Finally, it’s time for Thomas Takes The Bar Exam #109, another dreaded real property question! 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. Serious Inquiries Only Episode 175
  2. Schenck v. U.S., 249 U.S. 47 (1919)
  3. Gitlow v. New York, 268 U.S. 652 (1925)
  4. Anti-Deficiency Act 31 U.S.C. § 1341 et seq.
  5. Federal courts notice
  6. Futurama “pain monster” clip
  7. Military eminent domain:  10 U.S.C. § 2663
  8. 1973 report on delegated powers
  9. National Emergencies Act: 50 U.S.C. § 1621
  10. Search the federal register for “National Emergency”
  11. 10 U.S.C. § 2808
  12. 33 U.S.C. § 2293
  13. Ackerman op-ed
  14. -DC Circuit Court opinion in mystery foreign corporation case
  15. Manafort sentencing 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

And email us at openarguments@gmail.com

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