OA241: Is This The C-Hook That Could Send PG&E To Prison??

Today’s episode takes a deep dive into the potential criminal liability for Pacific Gas & Electric (PG&E) in connection with the 2018 California Wildfires and the c-hook that just might be the linchpin to the whole thing.  Are people going to prison?  Listen and find out!

We begin by celebrating a brand-new holiday:  Oversight Day, with the inauguration of Nancy Pelosi as Speaker of the House.  We talk about funding, job postings, and how they all relate to Yodel Mountain.

After that it’s time to get deep — and we mean deep — into PG&E’s latest court filing, what it has to do with a 2010 explosion and a 2016 order, and what really caused the California Camp Fire.  Along the way you’ll learn about obstruction of justice (again!), the Natural Gas Pipeline Safety Act (really!), and how a corporation can have an “abandoned and malignant heart.”

Then we end with an all new Thomas Takes The Bar Exam #108 about interstate car collectors-slash-thieves.   As always, if you’d like to play along with us, 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!

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. Your Oversight Day goodies include (a) this fabulous Savannah Guthrie interview with Speaker Pelosi; (b) this equally fabulous Twitter chain from Paul Krugman; (c) the House operations budget for 2019; (d) the Axios story on Republicans seeking to hire investigative counsel; and (e) the screenshot of the jobs posting.
  2. PG&E filings include (a) the PGE Superseding indictment; (b) the jury verdict; (c) the Sentencing and probationary conditions entered by the court; (d) the Court’s Nov. 27, 2018 written questions about the wildfires; (e) the Court’s supplemental order seeking an amicus from the California Attorney General’s office; (f) the answers filed by PGE – PGE Answers, the US Attorneys’ Office, and the California AG; and finally, the PGE written Report – Exhibit A that contains the information discussed on the show.

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OA227: Brian Frosh Takes On Matthew Whitaker & More!

Today’s Rapid Response Friday takes a deep dive into the recent lawsuit filed (actually, amended) by Maryland’s ace Attorney General, Brian Frosh, challenging the appointment of Matthew Whitaker as Acting Attorney General.

We begin, however, with an Andrew Was Right (and Wrong, sadly) roundup of a bunch of issues:  (1) whether the midterm elections were a “Blue Wave” (they were); (2) the formation of a new breakaway conservative legal group; (3) Jeff Flake’s efforts to protect Robert Mueller; (4) Whitaker’s recusal status; and (5) the election of Kyrsten Sinema to the U.S. Senate in Arizona.  Phew!

After that, it’s time for the deep dive into Maryland’s ACA lawsuit that.. somehow morphed into a judicial request to determine that Matthew Whitaker cannot be the Attorney General?  How is that even possible??  We explain it all… and along the way, we let you know what arguments the State of Maryland has raised that the next Attorney General should be Rod Rosenstein instead.  It’s a fascinating lawsuit, and you’ll even get a brief discussion of the “canon of constitutional avoidance.” (!!)

After that, we (briefly) discuss the California wildfires in light of.. SEC disclosure requirements??!?  Hey, that’s why you listen, right?

Finally, we end with an all new Thomas Takes The Bar Exam #101 on SPACE LAW, involving deadbeat Ewoks and Lando Calrissian.  (No, really.)  You’ll have to listen and find out!  And, of course, if you’d like to play along with us, 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!

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. Click here to read 538’s “Yes, It Was a Blue Wave” article.
  2. Here is the announcement of the formation of the “Checks and Balances” legal society.
  3. Lawfare has filed a FOIA request for all documentation regarding Whitaker’s ethics advice and potential recusal.
  4. Click here to read Maryland’s motion for preliminary injunction; here to read the Flood memorandum that contains Trump’s likely responses; and here to read the court’s scheduling order.
  5. Finally, click here to read the SEC’s guidelines on when to file a form 8-K, and here to read the 8-K filed by PG&E.

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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