Tag: Yodel Mountain

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OA307: Apportionment – The Census Fight Is Not Over

Today’s episode, sadly, reminds you of an entirely new way that you should be terrified. In a “please, tell me that Donald Trump’s lawyers aren’t listening to this” episode, Andrew breaks down a 1990s court decision surrounding a 1920s law to talk about the ultimate endgame for Trump and the census. Is it horrible? Yes. Are you better off being prepared? Absolutely.

We begin, however, with a quick trip up a rare Tuesday Yodel Mountain by examining the transfer of the House Judiciary Committee’s lawsuit seeking injunctive relief against Don McGahn. Was it a “huge victory” for the President that Chief Judge Beryl Howell transferred the case? (No.)

Then, it’s time for a deep dive into the Presidential powers of apportionment and how Donald Trump can potentially do a court-clogging end-run around the Supreme Court’s census decision even if he loses the 2020 election.

After that, it’s time to check out a new segment from Cybertron — the official “Optimist Prime” versus “Negatron” segment on impeachment. Who will stand victorious? Hint: he’s got the energon axe.

Then, it’s time for the answer to #T3BE 139, a dreaded real property question. Did Thomas manage to get it right? 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. You can read Judge Howell’s order in the McGahn litigation here.
  2. If you want to see a sitting federal judge call a DOJ lawyer’s papers “halfhearted,” check out this ruling, and turn to footnote 2 on page 6.
  3. This is the Census Bureau’s non-answer to Congresswoman Pressley, and this is the NPR story confirming that the White House won’t commit on apportionment.
  4. The transmittal law is 2 U.S.C. § 2.
  5. Good news! Here’s the latest tally on impeachment.

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

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!




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OA304: Chelsea Manning & More

Today’s pre-LIVE SHOW episode breaks down exactly what happened with the recent news story regarding Chelsea Manning being held in contempt of court. What’s going on? Listen and find out! Oh, and we also revisit Katy Perry, discuss how Thomas Was Right! regarding John Cage, and take a brief visit to Yodel Mountain. You won’t want to miss it!

We begin with a couple of updates to the Katy Perry lawsuit we discussed last episode. First, as it turns out, Thomas was prescient in thinking that someone might have copied John Cage’s famous 4’33” composition of silence and been sued over it. Does this mean Andrew Was Wrong? There’s only one way to know for sure. But that’s not all! We’ve also got a full discussion of the damages awarded to Flame, which gives you some insight into the profits of the song industry.

Then, it’s time for the main segment breaking down the recent court order regarding Chelsea Manning. If the grand jury has already issued its indictment of Julian Assange, how can she be kept in contempt? And what does this have to do with (almost) friend of the show G. Zachary Terwilliger? Listen and find out!

After that, it’s time for a brief trip to Yodel Mountain to discuss the recent filing by the Department of Justice in the Trump/Mazars lawsuit. Does this mean Bill Barr is corrupt? Yes, yes it does.

And finally, it’s time for #T3BE, this time involving a multi-structure contract in which one party simply gives up and goes home 1/3 of the way through. How does that person get paid? Can Thomas continue his improbable one-question winning streak??

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 Billboard article about the 2002 Mike Batt/John Cage settlement, and here to read the Katy Perry jury verdict on damages. And don’t forget that you can refresh your recollection by reading all the Katy Perry pleadings, including (a) the lawsuit; (b) the jury verdict; (c) the proposed jury instructions; and (d) the proposed damages instructions.
  2. We first discussed Chelsea Manning and Julian Assange in Episode 269, and you can read all of the pleadings we discuss on the show including (a) the March 6, 2018 initial (1-count) grand jury indictment of Assange; (b) the May 23, 2019 superseding indictment (18 counts); (c) the G. Zachary Terwilliger application for an order compelling Manning to testify; (d) the Court’s order requiring Manning to testify; (e) Manning’s motion to quash; (f) the Court’s denial of Manning’s motion to quash and imposition of sanctions; and (g) the recent denial of Manning’s motion for reconsideration. (Phew!)
  3. Assange has been charged under 18 U.S.C. § 793, which we last discussed way back in Andrew’s Favorite Episode, #13, “Hillary Clinton’s Damned Emails,” which was so jammed-packed with information it had its own separate blog post!
  4. We discussed the Trump-Mazars lawsuit in detail in Episode 281, and you can read the DOJ’s amicus brief embedded here.

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

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!




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OA298: Hope Hicks & Weaponized Ticks

Today’s episode tackles the recently-released trove of unredacted documents in the Southern District of New York in Michael Cohen’s case and explains why Hope Hicks might have been ensnared by America’s greatest legal mind, Stormy Daniels. Oh, and have you heard that the Congress ordered the DOJ to investigate… whether the military weaponized ticks and if so, whether those ticks were released against Americans? It’s a weird story that can’t possibly be true… can it?

We begin, however, with the resolution to last episode’s #T3BE (formerly #TTTBE) controversy regarding the definition and conditions required for assault. Learn the results of whether “hissing” constitutes a physical threat… and whether that even matters!

Then, it’s time for long trip up Yodel Mountain. We begin by discussing the… conclusion? of the citizenship question and Andrew lets you know what’s still to come in those cases. After that, it’s time to discuss the House’s resolution of criminal contempt against Bill Barr and Wilbur Ross, and what that likely means going forward. And while we’re still on Yodel Mountain… hey, how about those Michael Cohen docs? Now that the other cases have been concluded, the judge ordered the Cohen search warrants to be released in (mostly) unredacted form, and you won’t believe what they show.

After all that, it’s time for the segment you’ve all been waiting for: WEAPONIZED TICKS. This is a segment so powerful, you won’t believe it (and we won’t spoil it here in the show notes)!

And then it’s time for a new #T3BE involving the rules of evidence and an oral contract. Think you have what it takes to hang with Thomas? Play along online by sharing out this episode, using our new hashtag, #T3BE, and we will reward one winner with Never Ending Fame & Fortune (TM).

Appearances

Andrew was a guest on the latest episode of the Left at the Valley podcast discussing abortion, as well as the most recent episode of Mueller, She Wrote talking.. well, pretty much everything!

Show Notes & Links

  1. It’s not too late! Click here to get tickets for the Opening Arguments LIVE SHOW, live in New York City on August 10th.
  2. If you want to read the Cohen docs yourself, they’re linked here.

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

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!




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OA292: The End of Democracy

Today’s rapid response episode breaks down the latest decisions from the Roberts court, including the ostensible “win” in Dep’t of Commerce v. Ross (the citizenship question case), and the crushing loss in Rucho v. Common Cause (the gerrymandering cases). Oh, and along the way we’ll also discuss the opioid crisis and the news that Robert Mueller will testify before the House Judiciary Committee. It’s going to be a long and wild ride, so strap in!

We begin by taking a quick trip to Yodel Mountain to discuss the significance and substance of the Congressional subpoena issued to Robert Mueller. What does it all mean? Listen and find out!

Then, it’s time to break down the theory and developments in State of Oklahoma v. Purdue Pharma, et al., CJ-2017-816, the case that’s at the forefront of the efforts to hold pharmaceutical companies responsible for their role in causing the opioid crisis in this country. Find out what a “public nuisance” is, whether manufacturing and selling opioids is one, why this case is important, and much, much more!

After all that, it’s time for the main event: breaking down the Supreme Court’s decisions in Ross and Rucho. Find out why Andrew thinks that John Roberts wrote the Ross opinion going the other way until the evidence broke regarding Thomas Hofeller, and how that means the entirety of the new game is: Shame Justice Roberts. (Oh, and also you’ll learn along the way that our democracy is screwed.)

After all that, it’s time for an all-new, all-awesome Thomas Takes The Bar Exam about strict liability and de-fanged venomous snakes. What madness transpires? Listen and find out, and then play along with #TTTBE on social media!

Appearances

Andrew will be a guest at the Mueller She Wrote live show in Philadelphia, PA on July 17, 2019; click that link to buy tickets, and come up and say hi! And remember: if you’d like to have either of us as a guest on your show (or at your live show!), drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. You can read the Court’s opinion in Dep’t of Commerce v. Ross (the citizenship question case) as well as Rucho v. Common Cause (the gerrymandering case).
  2. Click here to read the Complaint in State of Oklahoma v. Purdue Pharma, et al., CJ-2017-816.
  3. Finally, you can check out the Los Angeles Times article on Purdue Pharma we referenced on the show as well as click here for more information on the MDL litigation pending before U.S. District Judge Dan Polster.

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

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!




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OA283: Mueller Speaks! (& Clarence Thomas Pens a Nonsensical Concurrence)

Today’s episode breaks down the statement made this week by Robert Mueller in connection with his report and investigation. Is it a good sign? Is it a bad sign? Is it both? Listen and find out!

We begin, however, with a bit of housekeeping, including a recommendation that you check out Episode 194 of Serious Inquiries Only (featuring Eli Bosnick!) for the official OA answer to all things milkshaking. We also preview a bit of next week’s show, which involves revisiting Eddie Lampert, Steve Mnuchin, and the alleged looting of Sears. Is it worse than you think? (It’s always worse than you think.)

Next, we check in on four Supreme Court orders that relate to gerrymandering. Is that worse than you think? (It’s always worse than you think.)

After all that, we’re not even halfway done! Our main segment breaks down the Supreme Court’s brief, two-page per curiam order in Box v. Planned Parenthood… and the sprawling, nonsensical 20-page concurrence written by Clarence Thomas that literally repeats David Barton-level falsehoods. You’ll be angry, but you won’t want to miss it.

Then, it’s time to Yodel! We carefully break down Robert Mueller’s statement regarding his investigation and what it means for the future. In so doing, we also analyze Mueller’s claims regarding the now-infamous 2000 OLC memo as to whether a sitting president can be indicted.

After all that, it’s time for an all-new Thomas Takes The Bar Exam #128 involving a crazy criminal effort to steal money from a fast-food drive-through by pretending to have a sniper… look, you’ll just have to listen and play along, okay?!?

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. For the correct take on milkshaking, check out Serious Inquiries Only Episode 194 with Eli Bosnick.
  2. We first covered the alleged looting of Sears by Eddie Lampert and Steve Mnuchin in Episode 273 and that was picked up by our friends Elizabeth Warren and AOC.
  3. These are the four orders the Supreme Court granted in gerrymandering cases:
    A. HOUSEHOLDER, LARRY, ET AL. V. A. PHILIP RANDOLPH INST., ET AL.
    B. CHABOT, STEVE, ET AL. V. A. PHILIP RANDOLPH INST., ET AL
    C. MICHIGAN SENATE, ET AL. V. LEAGUE OF WOMEN VOTERS, ET AL.
    D. CHATFIELD, LEE, ET AL. V. LEAGUE OF WOMEN VOTERS, ET AL.
  4. Click here to read the Supreme Court’s Opinion in Box v. Planned Parenthood
  5. Click here for the peer-reviewed research showing that Sanger was not a eugenicist; and here for the article showing she wasn’t a racist.
  6. This is a transcript of Robert Mueller’s testimony and this is the 2000 OLC Memo.

Support us on Patreon at:  patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and 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 finally, remember that you can email us at openarguments@gmail.com!




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OA267: Originalism and the Eighth Amendment (Bucklew v. Precythe)

Today’s breaking news episode takes an in-depth look at Bucklew v. Precythe, a recent Supreme Court decision that lays bare the “originalist” view of the Eighth Amendment.  Is it as bad as you think it is?  (Yes.)

We begin, however, with a look at Texas v. U.S. and the recent news that the Trump administration “changed its mind” and “will no longer defend” the Affordable Care Act.  What does that mean?  Listen and find out!

Then, it’s time for our deep dive into Bucklew v. Precythe, the Supreme Court’s analysis of how the 8th Amendment applies in capital punishment cases.

After that, we go back to Yodel Mountain for some updates on the congressional investigations, including the Congressional request for Trump’s tax returns and an EPIC FOIA request.

And if all that isn’t enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #121 involving the constitutionality of Presidential executive orders.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

Thomas was just a guest on the Cognitive Dissonance podcast; go check it out!  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. Wikipedia entry on sodium thiopental can be found here.
2. Glossip v. Gross (2015)
3. Supreme Court’s opinion in Bucklew v. Precythe (Apr. 1, 2019)
4. 8th Circuit’s opinion below in Bucklew
5. Congressional letter requesting Trump’s taxes
6. Bonus! Zuckerman amicus brief in the ACA litigation.

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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OA264: The Barr Summary of the Mueller Report

Today’s emergency, late-breaking episode breaks down the Barr Summary of the Mueller Report and gives you some advance warning that the narrative on the Mueller report is about to shift very quickly in the opposite direction.  Get ahead of the story by listening today!

Due to the length of the breakdown, we don’t have our regular segments today, but we do have (as always), the answer to Thomas Takes The Bar Exam #119 regarding contracts for the sale of wheat.  Can Thomas keep his streak alive?  Listen and find out!  And, 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. This is the Barr Summary of the Mueller Report.
2. Ken Dilanian’s tweet.
3. Glenn Greenwald’s tweet.
4. We discussed disaggregation of the investigations in Episode OA: 259.
5. Confirms the Senate Intelligence Committee report we talked about in Episode OA: 190.
6. Russian Lawyer Natalia Veselnitskaya’s OPEN SDNY criminal trial as of 1/8/2019 for obstruction of justice.
7. Mueller’s NFL report is 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, which now has its own Twitter feed!  @oawiki

And email us at openarguments@gmail.com

 

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OA257.5 Michael Cohen Testifies, Part 2

Today’s episode continues our breakdown of ex-Trump fixer Michael Cohen’s testimony before the House of Representatives and all the Yodel Mountain implications that stem from it that we started in Episode 257.  What’s next?  Listen and find out!

We begin where we left off — with Michael Cohen.  Find out how Cohen’s testimony (and documents) implicate our favorite legal genius, Stormy Daniels!

After that, it’s time to check in on Roger Stone’s former flunky, Andrew Miller, and his quixotic quest to undo the Mueller investigation.  That effort was just slapped down by the Court of Appeals for the D.C. Circuit, and we’ve got the full opinion covered for you.

Then, it’s time to check in on an odd development in the sentencing saga of Paul Manafort.  What does the government’s latest (redacted) filing portend?  We’re not entirely sure… but we want you to know what we know.

And then — after all that! — we  end with a brand new Thomas Takes the Bar Exam Question #116 regarding a rather odd traffic accident.  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 HBO’s Vice News!  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 documents Michael Cohen brought to Congress.
2. Marcy Wheeler’s article: How Trump Suborns Perjury.
3. DC Circuit’s opinion in Andrew Miller’s In Re: Grand Jury appeal.
4. Court’s sua sponte order.
5. Government’s sentencing memo in Manafort’s DC trial.
6. Manafort’s response memo.
7. Government’s Supplemental heavily redacted 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, which now has its own Twitter feed!  @oawiki

And email us at openarguments@gmail.com


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OA257: Michael Cohen Testifies, Part 1

Today’s episode breaks down ex-Trump fixer Michael Cohen’s testimony before the House of Representatives and all the Yodel Mountain implications that stem from it.  What’s next?  Listen and find out!

We begin, however, with an update on the American Legion v. American Humanist Association case where Andrew recently spoke at the AHA’s #HonorThemAll rally.

After that, it’s time to find out about Florida Rep. Matt Gaetz who attempted to intimidate Michael Cohen and… may have gotten into some legal trouble thanks to this show and it’s listeners!

Then, we begin breaking down the Cohen testimony… but there’s so much here to cover, we decided to  keep going for yet another hour, and you’ll get that tomorrow!

For the first time, we don’t end with a brand new Thomas Takes the Bar Exam Question, but you’ll get #116 tomorrow.  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!  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
1.18 U.S.C. § 1512  Tampering with a witness, victim, or an informant. (B) governs witness tampering
2. Gaetz timeline from The Washington Post
3. Florida Bar Rules of Professional Conduct Rule 4-8.4(d) “prohibits a lawyer from engaging in conduct that is prejudicial to the
administration of justice.”
4. Isaac Dovere at the Atlantic tweeting about Gaetz
5. Cohen is subject to 18 U.S.C. § 1001: Statements or entries generally (a)(2) “makes any materially false, fictitious, or fraudulent statement or representation; or”
6. 18 U.S.C. § 1622  Subornation of perjury
7. Marcy Wheeler’s article: How Trump Suborns Perjury
8. Here are the documents Michael Cohen brought to Congress
9. Kansas potential emoluments violation

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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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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