Tag: watergate

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OA193: This Is Worse Than Watergate – PLUS Mandalay Bay Suing Victims?

Today’s Rapid Response Friday breaks down the recent lawsuit filed by the Mandalay Bay casino regarding the 2017 Las Vegas shooting.  Is it true that the casino is suing the victims?  What’s that all about??  Listen and find out!  Also, we check in with Yodel Mountain and figure out, once and for all, if this is really worse than Watergate.  (Hint:  yes.)

We begin, however, with everybody’s favorite segment, Andrew Was Wrong, in which we revisit the Supreme Court with a few corrections.

The main segment tackles the Mandalay Bay lawsuit and explains the concept of a declaratory judgent as well as the 2002 SAFETY Act upon which Mandalay Bay is attempting to rely.

Next, we return to Yodel Mountain to discuss the recent Mueller indictments, Donald Trump’s Treason Summit with Russia, and ingenue Mariia Butina.  It’s as salacious as OA ever gets!

Finally, we end with an all new Thomas Takes The Bar Exam #85 involving (ugh) real property.  If you’d like to play along, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Recent Appearances

If you didn’t see Andrew’s live appearance on Left-Right Radio with Chuck Morse, you can check out the YouTube archive of it.  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. This is the link to the 2011 Ethics Report authored by Chief Justice John Roberts.
  2. Here’s the Above The Law article we mentioned at the start of the main segment.
  3. We’ve uploaded a copy of the MGM/Mandalay Bay lawsuit so you can read it for yourself.
  4. The SAFETY Act can be found at 6 U.S.C. § 441 et seq., and the implementing regulations are at 6 CFR § 25.7.
  5. We discussed the Senate Intelligence Committee’s report in Episode 190.
  6. Here’s the link to the Mother Jones article about Butina documenting the claims made in the C segment.

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OA160: Schrodinger’s Andrew

In this rapid-response episode, Thomas and Andrew take a look at the things Andrew Was Right about over the past few weeks (yay!) as well as the things Andrew Was Wrong about (boo!).  It’s Schrödinger’s Andrew Day!

In the pre-show segment, the guys go through the scenario for all of our Opening Arguments Community March Madness potential winners.  After that, it’s time for Andrew Was Right! (TM).  We cover the Alex van der Zwaan sentencing memorandum and what it means for Yodel Mountain, as well as both the Amended Complaint and the Motion for Expedited Trial filed by our next Attorney General, Stormy Daniels.  You won’t want to miss it!

After that, it’s time for Andrew Was Wrong (TM), in Andrew owns up to a few corrections about Watergate and revisits the emoluments lawsuit discussed way back in Episode 78.  Andrew was skeptical then; has he changed his mind?

Finally, we end with an all-new TTTBE #69 that questions your knowledge of the “firefighter’s rule” and whether it protects cops who get sideswiped.  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Recent Appearances

Andrew was recently a guest on Episode 255 of the Phil Ferguson Show and Episode 96 of the Naked Mormonism Podcast.  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 Alex van der Zwaan sentencing memorandum; he pled guilty to 18 U.S.C. § 1001.  You can click here to read the Christopher Miller story suggesting that “Person A” is Konstantin Kilimnik.
  2. This is the Amended Complaint filed by Stormy Daniels; you can also read the Notice of Removal filed by EC and the Motion for Expedited Trial filed by Daniels.
  3. Stormy’s expedited trial motion is pursuant to 9 U.S.C. § 4.
  4. This is the Washington Post article on Alexander Butterfield, which is definitely worth a read.
  5. Here’s the District Court’s opinion in the emoluments litigation, which we first discussed back in Episode 78.
  6. If you want to dive more into emoluments, you can read Mississippi v. Johnson, 71 U.S. 475 (1867), or listen to our two-parter with originalist Seth Barrett Tillman:  Episode 35 (Part 1) and Episode 36 (Part 2).

Support us on Patreon at:  patreon.com/law

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OA159: What Was So Bad About Watergate? Part 1: The Saturday Night Massacre

Today’s episode takes our time machine back to 1972, as Richard Nixon’s Committee to Re-Elect the President (“CREEP”) planned the break-in to the Watergate Hotel Complex that set in motion the criminal conduct that led to the only time in our nation’s history when a President has resigned in disgrace.  Exactly what happened?  In this episode, we talk about the “Saturday Night Massacre,” and what it means today.

First, though, we examine the unintended consequences of the Republican tax bill crammed through the Senate in the waning moments of 2017.  Might the bill actually prevent the major sports franchises, such as Major League Baseball, from trading players??  Listen and find out!

After the main segment, Andrew tackles a listener question regarding the “Guarantee Clause” of the Constitution.  What is it, and why should you care?  Listen and find out!

Finally, we end with the answer to Thomas Takes the Bar Exam Question #67 about breach of contract.  Don’t forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

None!  Have us on your show!

Show Notes & Links

  1. The provision of the tax code discussed in the “A” segment is 26 U.S.C. § 1031, and you can click here to read about the previous IRS opinions regarding major sports franchises and like-kind exchanges.  You can also check out the New York Times article that first revealed this uncertainty.
  2. The primary cases we discussed regarding Watergate were Nixon v. Sirica, 487 F.2d 700 (D.C. Cir. 1973) and United States v. Nixon, 418 U.S. 683 (1974).
  3. The two cases analyzed in the “C” segment were Luther v. Borden, 48 U.S. 1 (1849) and dicta from New York v. United States, 505 U.S. 144 (1992).

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

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Don’t forget the OA Facebook Community!

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