Yodel Mountain – Page 5 – Opening Arguments

February 14, 2019February 18, 2019

OA253: Religious Freedom and Domineque Ray

Today’s episode tackles the recent Dunn v. Ray decision in which the Supreme Court used a procedural mechanism to allow the State of Alabama to execute a devout Muslim without affording him the same sorts of religious freedom they do to Christian inmates. Is it as bad as it looks? (Yes.)

We begin, however, with an unfortunate Andrew Was Wrong (and a promise to get better)!

Then, it’s time for a depressing deep dive into Dunn v. Ray and what ‘religious freedom’ actually means to this Supreme Court.

After that, it’s time for a trip to Yodel Mountain where we review the latest ruling from Judge Amy Berman Jackson about exactly how big a liar Paul Manafort is. (Hint: yuge.) What does this mean for a potential Manafort pardon, and does the federal system have parole? Listen and find out!

We end, as always, with a brand new Thomas (& AG!) Take the Bar Exam Question #114 about whether banks own everything. 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 S3E6 of the fabulous Mueller, She Wrote 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. Supreme Court – Dunn v. Ray order
2. 11th Circuit ruling in Dunn v. Ray
3. We discussed Manafort’s plea on Episode OA: 211
4. Text of Manafort plea deal
5. Judge Jackson’s determination
6. 18 U.S.C. § 3624 Release of a prisoner (b) Credit Toward Service of Sentence for Satisfactory Behavior

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February 5, 2019February 5, 2019

OA250: One Quarter of a Thousand Episodes!

Today’s very special episode is our 250th! To celebrate, we’ve assembled a compilation of some of our favorite moments over the past two and half years. If you’ve ever wanted to share the show to friends and family, this is the episode to do it. In this episode, we explain:

What the show’s all about
How liberal we are (or aren’t)
Whether we talk about non-political stuff
How Trump changed the show, what “Yodel Mountain” is, what #ClearAsKushner is
How seriously we take ourselves

And much more!

Then, as always, it’s time for the answer to Thomas Takes The Bar Exam #112, which involved an angry drunken… murder (?) 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. What’s the show about? It’s long-form investigative journalism into topics in the news that have a legal component to them from a left-leaning perspective. Shorter: If you like Rachel Maddow, you’ll like this show.

2. Things I’m most proud of:
Stormy Daniels OA: 154
Hillary Clinton’s Damned Emails OA: 13 (36:35-38:16)
Deep dives on abortion, on the Second Amendment,
Abortion – OA: 27 and OA: 28
The Second Amendment – OA: 21 and OA: 26
The 2000 Election and Bush v. Gore Eps. 2-5 OA: 02 –

3. How lefty are you guys?
I mean, we definitely call out our own, like Jill Stein’s recounts.
OA: 25 (24:38-29:50)
Or Robert Reich OA: 59 (43:40-45:00)
Or Occupy Democrats…

4 . So is it all politics?
A.) Practical stuff like defining terms like spousal privilege
OA: 99 (2:30-8:50) or … not advice on how to choose a lawyer OA: 12 (9:19-10:40) …every Tuesday we do deep dives into legal topics, often apolitical.
PG&E in Episode OA: 241
B.) and the wacky and bizarre
OA: 12: Sovereign Citizens (19:52-24:12)
OA: 132: Earth Court (38:09-55:00)

5. So what changed?
We elected a criminally insane game show host who’s looting the public treasury?
Yodel Mountain OA: 45: (38:20-41:03)
Clear as Kushner OA: 53 (57:00-57:33)

6. How seriously do you take yourself?
Pretty clownhornin’ seriously!
OA: 166 (32:10-40:47)and (1:30:55 to end – intro)

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January 31, 2019February 1, 2019

OA249: Overturning Roe v. Wade Starts Today

Today’s episode sounds the alarm as to whether our activist right-wing Supreme Court is ready to effectively overturn Roe v. Wade and essentially permit the entire state of Louisiana to all but ban the right to an abortion in that state. We’re NOT an alarmist podcast, but this is something you need to be watching. We also follow up on the Trump Shutdown, answer a listener question regarding our discussion of the Hilton lawsuit from last episode, and (of course) take our weekly visit to Yodel Mountain, this time on the back of one Roger Stone. Are these all just “process crimes?” And what the hell does that mean, anyway? Strap in and find out!

We begin, however, with a brief look at the end of the Trump Shutdown and what’s likely to come next.

After that, we tackle some questions and misperceptions regarding our story of the lawsuit against Hilton hotels from Episode 248.

Then, it’s time for the main segment, which takes a look at a pending Supreme Court motion and discusses what this means for the future of Roe v. Wade and the right to a legal abortion in this country. Yes, it really is that significant.

Then, it’s time for a trip to Yodel Mountain to discuss “process crimes” rapid-fire round of questions about Trump’s shutdown. Why is Congress still getting paid? Who can sue, and why haven’t they? Find out the answers to these questions and more!

We end, as always, with a brand new Thomas Takes the Bar Exam Question #112 about murder most foul! 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. Ann Coulter was responsible for the shutdown and Trump’s approval ratings take a hit. (Thomas Was Right)
2. A series of bipartisan proposals show support for ending shutdowns.
3. Title VII of the Civil Rights Act of 1964 42 U.S.C. § 2000e et seq.
4. Several years ago, Andrew wrote on reasonable religious accommodations at Disney when he was still working for The Man.
5. We discussed Planned Parenthood v. Casey in OA: Episode 27 and OA Episode: 28.
6. Whole Woman’s Health v. Hellerstedt 136 S.Ct. 2292 (2016)
7. June Medical Services v. Gee, 905 F.3d 787 (5th Cir. 2018)
8. MOTION TO STAY filed by June.
9. Dershowitz – what the defenders are saying and why it’s Wrong . Followed by Seth Abramson’s Smackdown thread.
10. Stone Indictment
11. More on Randy Credico from his wiki entry and twitter.
12. Roger Stone will work the media
13. Concord Management & Consulting media discovery.
14. The joint motion in Roger Stone’s case and the “voluminous and complex” evidence against him.

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For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki

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January 21, 2019January 22, 2019

OA246: Alex Jones & Sandy Hook

Today’s episode features a deep dive into the latest developments in the lawsuit brought by parents of the victims in the Sandy Hook Massacre against Alex Jones and Infowars for repeatedly portraying the school shooting as a hoax.

We begin, however, with a question regarding our views of the 2016 Presidential Election from a Trump supporter who’s hate-funding us. Hey, we’re good to our word!

After that, it’s time to dig in to the defamation lawsuit against Alex Jones. We tackle the minutiae — standing, jurisdiction, statute of limitations — and the big issues as well. If you want to know where defamation law is headed in this era of “fake news,” well, this is the show for you!

Then, it’s time for a quick visit to Yodel Mountain to check in on Rudy Giuliani and Michael Cohen. Because of course it is.

Finally, it’s time for the answer to Thomas Takes The Bar Exam #110, which involved a dentist being sued for malpractice and product liability. 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 138 of the Naked Mormonism podcast. Give it a listen! 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. NYT articles on using third-party votes to hack elections.
The Secret Social Media Experiment in Alabama Senate Race Imitated Russian Tactics and how the Democrats Faked Online Push to Outlaw Alcohol in Alabama Race.
2. Politico story on the Justice Democrats plans to mount primaries against incumbent Democrats it deems too moderate with the apparent backing of Alexandria Ocasio-Cortez.
3: NYT on Alex Jones and Sandy Hook
4. Media Matters 7 minute, 13 second compilation on Alex Jones about Sandy Hook.
5. Media Matters timeline of Jones promoting conspiracy theories about Sandy Hook.
6. Yodel Mountain: Rudy Giuliani is not helping!
7. WSJ on Cohen and poll-rigging and Cohen’s response on the story: “As for the @WSJ article on poll rigging, what I did was at the direction of and for the sole benefit of @realDonaldTrump @POTUS. I truly regret my blind loyalty to a man who doesn’t deserve it.”
8. The GLORIOUS “Women for Cohen” Twitter account: Because some things on twitter make you ask, “Why?”.

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December 27, 2018December 28, 2018

OA239: The Fourth Circuit’s Puzzling Emoluments Ruling

Today’s episode takes a deep dive into the just-released one-page order by the Fourth Circuit staying all discovery in the Emoluments litigation brought by Maryland Attorney General Brian Frosh. How do we fill more than an hour’s worth of time on one page? Why is this ruling really, really bad for everyone?? Listen and find out!

We begin, however, with a brief foray up Yodel Mountain to discuss (1) the reports circulating that Michael Cohen’s phone was in Prague in the summer of 2016, and (2) the ethics review of “Acting” Attorney General Matthew Whitaker concerning the Mueller probe.

After that, it’s time for a deep dive into the Emoluments litigation, the strange procedural posture of Trump’s response, and what this means for civil litigation generally (and this case in particular). You won’t want to miss it!

Then we end with an all new Thomas Takes The Bar Exam #107 on defamation. 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

Click here to read the Whitaker ethics review letter, and here to read the Steele dossier.
We last discussed the Emoluments litigation in Episode 226.
You can check out all of these documents: the Fourth Circuit’s order, the motion to stay, and the opposition filed by Frosh.
Trump’s argument is based on 28 USC § 1292(b) and relies on Fernandez-Roque v. Smith, 671 F.2d 426 (11^th Cir. 1982).

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December 20, 2018December 23, 2018

OA237: Lowering the… Barr (Memo)

Today’s Rapid Response episode takes a look at the just-released Law’d Awful Memo written by Attorney General nominee Bill Barr and sent to Deputy AG Rod Rosenstein concerning the Mueller investigation. Are the argument(s) raised in the memo any good? What does this mean for the future of the Mueller investigation? Listen and find out!

We begin, however, with a brief foray into everyone’s favorite show topic: BASEBALL LAW! Find out about the agreement reached between MLB and Cuba, and how (of course) Donald Trump can screw it up.

After that, it’s time for an Andrew Was Wrong (and Maybe Not Wrong) on David Pecker and AMI. Along the way, we’ll learn about the corruption case against Sun-Diamond Growers in connection with former Agriculture Secretary (and nearly-Senator) Mike Espy.

Then, we delve deeply into the Barr memo, taking apart the legal “arguments” and featuring a guest appearance from one Antonin Scalia!

Then, it’s time to tackle the rather surprising decision by Judge Sullivan in the Michael Flynn sentencing phase. What happened? Did he go off the rails?

After all that, we end with an all new Thomas (and Matt!) Takes The Bar Exam #106 on how to best transport heroin from Kansas City to Chicago and what the judge can instruct the jury… it’s complicated, but you won’t want to miss it! And, 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

Check out Matt & Mattingly’s Ice Cream Social podcast!
Baseball law: Here’s the press release from MLB.
We discussed U.S. v. Sun-Diamond Growers of Calfornia, 138 F.3d 961 (D.C. Cir. 1998), aff’d, 526 U.S. 398 (1999).
Don’t forget to read the Barr memo for yourself, and you can also check out the Wall Street Journal article that leaked it.
…And here’s our good buddy Antonin Scalia smacking down the logic used therein.
You can check out the government’s sentencing memorandum in Michael Flynn’s case as well as the memo filed by Covington & Burling on Flynn’s behalf.
Here is the 18-3071 sealed case order.

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For show-related questions, check out the Opening Arguments Wiki

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December 13, 2018December 14, 2018

OA235: Corporations Are People, My Friend… Criminal People

Today’s Rapid Response episode takes a look at three breaking stories related to the White House: (1) the recent ruling requiring Stormy Daniels to pay Trump’s attorneys’ fees; (2) the sentencing of Trump’s former lawyer, Michael Cohen; and (3) most importantly, the plea deal signed by American Media, Inc. — parent company to the National Enquirer — to cooperate with the Special Counsel’s Office.

We begin by revisiting the question of whether, in fact, Stormy Daniels is still a legal genius. (Hint: she is.) But what does it mean that a court just ordered her to pay Trump nearly $300,000 — and why could it have been much, much worse? Listen and find out.

After that, we check out Trump’s ex-“fixer” and the former Taxi King of New York, Michael Cohen, who was just sentenced to three years in prison.

Then it’s time for a fascinating look into a non-prosecution agreement reached between the Special Counsel’s Office and American Media, Inc. that tell us an awful lot about where Yodel Mountain is headed.

Finally, we end with an all new Thomas Takes The Bar Exam #105 on modifications to a contract. 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

Here’s the merits ruling defamation we referenced during the show; you can also check out Trump’s motion for attorneys’ fees, Avenatti’s (rather weak) opposition brief, and the court’s ruling directing Stormy to pay almost $300,000.
And because it never ends, check out the mediation questionnaire filled out by Avenatti for their appeal to the 9th Circuit.
You know you want to read the press release regarding Michael Cohen’s sentence; after that, you can check out the sentencing memoranda filed by the SCO’s office (“good cop”) as well as the brief filed by the SDNY (“bad cop”).
Finally, this is the AMI agreeement as well as the DOJ guidelines on prosecuting corporations.
Oh, and just for fun, here’s Jose Canseco’s audition to be Trump’s Chief of Staff. #YesWeCanseco

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December 6, 2018December 7, 2018

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

You can read the (non-censored) baseline Sentencing Memorandum filed by Mueller here, and the [REDACTED] Supplemental by clicking here.
Here are the texts of the various Wisconsin bills: SB 884, SB 886, and the final bill, SB 887.

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November 29, 2018November 30, 2018

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

Click here to read the new Information to which Cohen pled guilty to today.
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.“
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.
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).
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.
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.
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.
Here’s Corsi’s draft deal with Manafort that he rejected.
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!

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For show-related questions, check out the Opening Arguments Wiki

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November 21, 2018November 22, 2018

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.”

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