Tag Archives: Yodel Mountain

OA233: [REDACTED] & Wisconsin

Today’s Rapid Response episode takes a look at two pressing issues: (1) Mueller’s [REDACTED] sentencing memorandum with respect to Michael Flynn, and (2) the naked power grab by lame-duck Republicans in Wisconsin.  Along the way, we’ll also cover a bunch more legal stories, but you knew that already!

We begin high atop Yodel Mountain, where we cover not only the [REDACTED] Flynn memorandum but also Roger Stone taking 5 and a truly bizarre conspiracy theory advanced by Rudy Giuliani.

Then, it’s time for the main segment, in which we tackle Wisconsin SB 887 and its component bills that are designed to weaken drastically the strength of the incoming Democratic governor, Tony Evers.  Is it as bad as everyone says it is?  (It’s worse.)

After that, it’s time for a brief Andrew Was Wrong segment.  Turns out Andrew Was Wrong about both Julian Assange and American paddlefish!

Finally, we end with an all new Thomas Takes The Bar Exam #102 on evidence and the admissibility of hearsay.  Find out how Thomas outsources the decision and more.  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

Andrew was recently a guest on the David Pakman show talking court-packing and more.  Give it a listen!  And, as always, 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. You can read the (non-censored) baseline Sentencing Memorandum filed by Mueller here, and the [REDACTED] Supplemental by clicking here.
  2. Here are the texts of the various Wisconsin bills:  SB 884, SB 886, and the final bill, SB 887.

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



Download Link

OA231: The End of the Beginning (for Trump)

“Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.” – Winston Churchill.  And yes, today does, in fact, mark the end of the beginning of the Mueller Investigation… and perhaps for Donald Trump.  Why?  You’ll just have to listen and find out!

In this super-sized episode, we tackle:

(1) Michael Cohen’s just-announced plea to a new count of lying — this time in connection with his prior testimony before the Senate and House Intelligence Committees investigating Russian interference in the 2016 elections;

(2) A follow-up on Andrew Miller and Concord Management and Consulting, including a fascinating new blog written by Randall Eliason with Yodel Mountain implications;

(3) Paul Manafort’s apparent repudiation of his plea deal with Mueller, what that means and when we’ll know;

(4) Jerome Corsi’s public refusal to plead and cooperate with the Mueller investigation over WikiLeaks and Julian Assange; and

(5) An update in the Brain Frosh

Finally, we end with an all new Thomas Takes The Bar Exam #103 on a property owner who has the rug pulled out from under him due to a new law.   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 the new Information to which Cohen pled guilty to today.
  2. This is the BuzzFeed article on Cohen, Felix Sater, and Trump’s efforts to get a building in Moscow over the past 30 years.  Oh, and here’s a link to Trump’s tweet that he has “ZERO INVESTMENTS IN RUSSIA.
  3. We discussed the Andrew Miller lawsuit in OA 229; you’ll definitely want to read the two new filings: Silbey’s supplemental amicus “letter”, and Christenson’s… something.
  4. You’ll definitely want to check out Randall Eliason’s blog analyzing the Concord Management and Consulting lawsuit and what it means for 18 U.S.C. § 371 conspiracy charges (of the sort that might be filed against Trump).
  5. Here’s Manafort’s original plea deal, and this is the Joint Status Report filed earlier this week. Oh, and this is Manafort’s waiver of his right to appear at the scheduling conference.
  6. This is the Marcy Wheeler article we broke down; for the other side, here’s the Wall Street Journal report suggesting Manafort lied about non-Trump-related personal business dealings.
  7. This is the Guardian article connecting Manafort to Julian Assange and WikiLeaks; here is the fantastic Washington Post article and timeline on what that means if true.
  8. Here’s Corsi’s draft deal with Manafort that he rejected.
  9. Finally, we discussed the Brian Frosh lawsuit against Matthew Whitaker in Episode 227; you can now read the amicus brief filed by 15 state attorneys general.  Phew!

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



Download Link

OA229: Andrew Miller & the Appointments Clause

Today’s Thanksgiving Special / Rapid Response episode takes a look at the single most important Yodel Mountain case pending right now:  Andrew Miller’s lawsuit before the Court of Appeals for the District of Columbia Circuit.  Find out what it all means!

We begin, however, with a brief Andrew Was Right and roundup on the status of the Jim Acosta lawsuit, which has been mooted thanks to the injunctive relief won by CNN (and the White House’s decision to restore Acosta’s credentials).

Then, it’s time for the deep dive into Andrew Miller and his Don Quixote-esque foray into our legal system to challenge Robert Mueller’s authority.  Along the way you’ll find out who Andrew’s Shattered Glass doppelganger is, and learn more than you ever thought possible about the U.S. Constitution’s “Appointments Clause.”

Finally, we end with an all new Thomas Takes The Bar Exam #102 on evidence and the admissibility of hearsay.  Find out how Thomas outsources the decision and more.  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. The “recalcitrant witness” statute is 28 U.S.C.  § 1826.
  2. Click here to read Judge Howell’s U.S.D.C. trial court opinion.
  3. We pulled a ton of documents for you in the Miller case, including (a) Concord’s motion to intervene; (b) Concord’s amicus brief on the merits; (c) the eminently silly Sibley amicus brief; (d) Robert Mueller’s merits brief; (e) Andrew Miller’s merits brief; (f) Andrew Miller’s supplemental brief; and (g) Rober Mueller’s supplemental brief.  Phew!
  4. Don’t be afraid to check out In Re Sealed Case, 829 F.2d 50 (D.C. Cir. 1987) for the case that’s directly on point.
  5. Finally, you can read the “nearly a heart attack” regs on Mueller’s funding (28 CFR § 600.8(a)(2)) 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

And email us at openarguments@gmail.com



Download Link

OA225: Elections Have Consequences… for Jeff Sessions

Today’s Rapid Response Friday covers the two things that are definitely on everyone’s minds:  (1) the midterm elections, and (2) the fate of the Mueller investigation and more in light of President Trump’s decision to fire Attorney General Jeff Sessions.  Elections have consequences… don’t they?

We begin with a roundup of  the outstanding legal issues in connection with the midterms.

After that, it’s Yodelin’ time.  What happened to G. Zachary Terwilliger?  Is the Mueller investigation in trouble?  What can we do??  Listen and find out!

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. No links this week!

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



Download Link

OA223: A Victory for Voting Rights in Pennsylvania!

Today’s Rapid Response Friday revisits some cases we’ve previously discussed with recent positive developments:  the Summer Zervos lawsuit and the future of political gerrymandering in Pennsylvania.

We begin with the Zervos lawsuit we first covered in Episode 176, in which a state trial court judge has ordered Donald Trump to respond to discovery served by Zervos’s attorney.  What’s next for the President and why does it have Yodel Mountain implications?  You’ll have to listen and find out!

After that, we revisit our discussion from Episodes 146 and 148 regarding the Pennsylvania Supreme Court’s opinion redrawing congressional maps in that state.  The U.S. Supreme Court — and yes, that’s the Brett Kavanaugh-and-Neil-Gorsuch-laden Supreme Court! — just declined to intervene to protect the Republicans.  Why is that, and how is that a map forward?  We tell all!

Then, we return to the Gary Hart story we discussed last episode.  Was Hart really set up?  Listen and find out!

Finally, we end with an all new Thomas Takes The Bar Exam #100 that is the dreaded real property question Thomas needs to get right in order to hit “60% at the half.”  Can he do it?!??  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 the cert petition in Turzai v. Brandt and here to read the opposition.
  2. This is the James Savage response on Gary Hart.

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



Download Link

OA220: Carter Page, Clownhorn

Today’s Rapid Response Tuesday takes an in-depth look at OA’s new favorite clownhorn, Carter Page, and his delightfully mad lawsuit against the Democratic National Committee, the law firm of Perkins Coie, and (I think) the Ancient Order of the Illuminati.  Strap in!

We begin with some good ol’-fashioned yodeling, with a roundup of stories with Yodel Mountain implications, including (1) the report that Mueller’s probe will conclude after the midterms; (2) Paulie Manafort’s latest motion; (3) the departure of White House counsel Don McGahn; and (4) some news regarding Michael Avenatti’s White House run in 2020.

Then — oh man — it’s time for a deep dive into Carter Page’s lawsuit regarding this September 23, 2016 Yahoo news story, written by esteemed reporter Michael Isikoff, that Mr. Page delightfully believes is defamatory.

After all that, we end with an all new Thomas Takes The Bar Exam #98 regarding constitutional law standards for a group home.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent 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. This is the Bloomberg News article suggesting that Mueller’s probe will conclude after the midterms.
  2. You can click here to read Judge Ellis’s order denying Manafort’s motion to appear in street clothes.
  3. This is the New York Times story on McGahn’s departure.
  4. Click here to read the FEC data on Michael Avenatti’s Fight PAC.
  5. This is the Sep. 23, 2016 Yahoo story
  6. This is the Carter Page lawsuit, which you absolutely must read.  Oh, and check out the (heavily redacted) FISA application showing that the FBI believes Page to have been the subject of targeted recruitment by the Russian government.
  7. This is the September 23, 2016 Isikoff story in Yahoo that Page believes is defamatory; we also referenced Page’s trip to Moscowthe terrorism statute, 18 U.S.C. § 2332b, and, of course, the fact that Page previously sued Yahoo over this exact same story and lost.

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



Download Link

OA207: Brett Kavanaugh’s Confirmation Hearings

Today’s Rapid Response Friday tackles the ongoing Supreme Court Confirmation Hearings for Brett Kavanaugh — including an analysis of documents that broke literally after we recorded the show!  Find out if any of this can slow down Kavanaugh’s presumed path the SCOTUS.

We begin, however, with listener feedback on our rather controversial Episode 205 (with Andrew Seidel) as well as follow-up emails regarding 3-D guns and our contributions to SwingLeft.

After that, we break down the critical documents leaked today by Sen. Cory Booker (D-N.J.) that show 1) Kavanaugh’s nakedly partisan approach to the court; 2) Kavanaugh’s nonexistent view of the value of precedent when it comes to Roe v. Wade; and 3) possible perjury.  Is this a big deal?  YES.  Will it move the needle?  We’ll see.

After that, we return to Yodel Mountain to discuss Paul Manafort’s impending DC trial and the somewhat-overlooked plea by W. Samuel Patten.  Who’s that?  Listen and find out!

Finally, we end with an all new Thomas Takes The Bar Exam #92 regarding impeaching the testimony of a gang member at trial.  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!

Recent Appearances

Thomas was recently the guest masochist on this week’s God Awful Movies, reviewing “New World Order.”  It’s hilarious — don’t miss 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. Here are the Kavanaugh email and Kavanaugh email 2 documents discussed during the main segment.  For more Kavanaugh document fun, check out this comprehensive New York Times article.
  2. This is W. Samuel Patten’s Criminal Information, to which he pled guilty, and here is the Statement of the Offense, which explains the connection to the Trump campaign and White House.
  3. Finally, this is the late-breaking document showing possible perjury.

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



Direct Download

OA206: Will This ONE WEIRD TRICK Unravel the Mueller Investigation?

Today’s episode takes us back to Yodel Mountain, where we take a look at a popular article making the rounds suggesting that (you guessed it) this ONE WEIRD TRICK might unravel the entire Mueller investigation.  Should you be worried? (No.)

We begin, however, with the rare (but delightful!) Thomas Was Right segment revisiting 3-D guns and the Arms Export Control Act.  What’s going on?  Listen and find out!

In the main segment, we take apart this Politico story suggesting that McKeever v. Sessions hold the key to Yodel Mountain.

After that, we tour what’s left of Yodel Mountain to discuss the latest developments with our buddy Paulie M.  Did he really try to plead out in advance of his next trial?  What’s next on the horizon for everyone’s favorite ostrich-vest-wearing money launderer?

Then, we end with Thomas (and Andrew!) Take the Bar Exam Question #91 regarding the separation of church and state and graduation prayers.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent 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 the injunction granted in the 3-D guns case.
  2. This is the Politico story regarding McKeever v. Sessions.

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



Direct Download

OA203: Paul Manafort Convicted, Michael Cohen Pleads

Today’s extra-long, extra-early Rapid Response episode tackles the two biggest stories in the news right now:  Paul Manafort’s conviction, and Michael Cohen’s plea deal.  We tell you exactly what these two big stories actually mean.

We begin with Paul Manafort.  What did the jury decide?  Why did they fail to reach a verdict on 10 counts?  What were those counts?  How long is Paulie M going to stay in prison and what’s next?  And, most importantly:  what does this mean for Yodel Mountain?  How likely is Paulie M to flip on Donald Trump?  We answer all of these questions and more!

After that, we turn to everyone’s favorite weasel, Michael “I Would Take A Bullet For Donald Trump” Cohen, who… has not taken a bullet for Donald Trump but has in fact pled guilty to eight separate crimes.  What are they, what does it mean, and what comes next?  Listen and find out!

And if all that wasn’t enough, we end with an all new Thomas Takes The Bar Exam #90 involving  foreseeability, cross-motions for summary judgment, and tortious conduct.  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

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. You’ll want to start with the Manafort indictment, and you can also read the Manafort verdict.  Of the eight guilty counts, Manafort was convicted under 18 U.S.C. § 134426 U.S.C. § 7206(1), and 31 U.S.C. § 5322.
  2. We first discussed the Federal Sentencing Guidelines back in Episode 162; you can check out the full manual (long!) and also the FSG Sentencing table to figure out how long Paulie M is going away.
  3. And don’t forget Manafort still has another trial pending in DC!  We gave you a primer on that back in Episode 194, and you can check out the pending indictment in that case.
  4. If Paulie M flips, it will be to take advantage of Rule 35(b) of the Federal Rules of Criminal Procedure.
  5. Of course, we first covered how Stormy Daniels is a Legal Genius back in Episode 154, and then the Karen McDougal story in Episode 158.
  6. Here’s Cohen’s plea deal; here are the conditions of his release; and here’s the article quoting his allocution.
  7. Sneak preview of the bonus episode:  here’s the DOJ manual on prosecuting campaign finance violations that proves Alan Dershowitz is lying.  Again.

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



Direct Download

OA195: Lordy, There Are Tapes!

Today’s Rapid Response Friday breaks down all of a busy week’s developments in the Trump Administration’s trip up Yodel Mountain, including the surprising revelation that Michael Cohen has audio tapes of his conversations with Donald Trump.  What does it all mean?  Listen and find out!

We begin, however, with a challenging listener question regarding legal ethics and summer associates that hearkens back to our last episode.

The main segment tackles an entire week’s worth of yodeling, including the Cohen tapes, the emoluments lawsuit, and the Manafort trial.  Phew!

After that, we check in with our buddy Andrew Seidel from the FFRF about a recent victory in the 9th Circuit regarding prayers at public school board meetings.

Finally, we end with an all new Thomas Takes The Bar Exam #86 involving the questionable sale of a used car.  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

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. Don’t forget to tune in to our live Q&A this Tuesday, 7/31, at 7 pm Eastern / 4 Pacific.  And, of course, participate in the questions thread!
  2. Here’s the Reuters report that there are 12 Cohen-Trump tapes; we’ve heard just part of the first one regarding Karen McDougal, whom we first discussed back in Episode 158.
  3. You can read the Emoluments ruling for yourself; we covered this most recently back in Episodes 160 and 162.  For our original two-part interview with Seth Barrett Tillman, check out Episodes 35 and 36.
  4. Some documents from the Manafort trial:  2018.07.22 Yanukovich govt response2018.07.20 Yanukovich motion in limine2018.07.25 orders on motions in limine; and 2018.07.26 government jury response.  And, of course, you should take a look at the government’s Exhibit List.
  5. We discussed the “Bernie Sanders” lawsuit against the DNC back in Episode 106.
  6. Finally, for some good news, check out the 9th Circuit’s opinion in FFRF v. Chino Valley Unified School District; we discussed Town of Greece v. Galloway in Episode 85.

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



Direct Download