Yodel Mountain – Page 6 – Opening Arguments

November 8, 2018November 9, 2018

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

No links this week!

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November 1, 2018November 2, 2018

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

Click here to read the cert petition in Turzai v. Brandt and here to read the opposition.
This is the James Savage response on Gary Hart.

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October 21, 2018October 23, 2018

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

This is the Bloomberg News article suggesting that Mueller’s probe will conclude after the midterms.
You can click here to read Judge Ellis’s order denying Manafort’s motion to appear in street clothes.
This is the New York Times story on McGahn’s departure.
Click here to read the FEC data on Michael Avenatti’s Fight PAC.
This is the Sep. 23, 2016 Yahoo story
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.
This is the September 23, 2016 Isikoff story in Yahoo that Page believes is defamatory; we also referenced Page’s trip to Moscow, the terrorism statute, 18 U.S.C. § 2332b, and, of course, the fact that Page previously sued Yahoo over this exact same story and lost.

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

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September 6, 2018September 7, 2018

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

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.
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.
Finally, this is the late-breaking document showing possible perjury.

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

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September 3, 2018September 4, 2018

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

Here’s the injunction granted in the 3-D guns case.
This is the Politico story regarding McKeever v. Sessions.

Support us on Patreon at: patreon.com/law

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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August 23, 2018August 23, 2018

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

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. § 1344, 26 U.S.C. § 7206(1), and 31 U.S.C. § 5322.
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.
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.
If Paulie M flips, it will be to take advantage of Rule 35(b) of the Federal Rules of Criminal Procedure.
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.
Here’s Cohen’s plea deal; here are the conditions of his release; and here’s the article quoting his allocution.
Sneak preview of the bonus episode: here’s the DOJ manual on prosecuting campaign finance violations that proves Alan Dershowitz is lying. Again.

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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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July 26, 2018July 27, 2018

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

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!
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.
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.
Some documents from the Manafort trial: 2018.07.22 Yanukovich govt response; 2018.07.20 Yanukovich motion in limine; 2018.07.25 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.
We discussed the “Bernie Sanders” lawsuit against the DNC back in Episode 106.
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

Facebook: https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

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

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July 23, 2018July 24, 2018

OA194: Paul Manafort is Going to Trial! (& McDonald’s!)

Today’s episode tells you everything you need to know before Paul Manafort’s trial in the Eastern District of Virginia, which begins Wednesday, July 25, 2018. Oh, and we break down the recent lawsuit against McDonald’s to boot!

We begin, however, with a very good listener question from “Judicial Noir” regarding ethics, science, and a summer internship!

After that, it’s time to discuss an actual lawsuit over actual cheese. Yes, there’s a class action lawsuit against Thomas’s favorite restaurant (McDonald’s) — and we’re here to help you separate fact from fiction! Oh, and along the way, you might learn something about Microsoft, illegal tying arrangements, and antitrust law!

Then, it’s back to Yodel Mountain to explain in depth exactly what’s going on with our buddy Paulie M, and what you can expect over the next two weeks.

Finally, we end the answer to Thomas Takes The Bar Exam #85 regarding real property. Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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

Before we get to McDonald’s, you’ll need to read all about US v. Microsoft, 253 F.3d 34 (2001). While you’re at it, you might as well brush up on the Sherman Anti-Trust Act, 15 U.S.C. § 1 et seq.
After that, you can read the class action lawsuit against McDonald’s regarding the Quarter Pounder and Double Quarter Pounder.
Andrew first broke down Judge Ellis in Episode 172.

Support us on Patreon at: patreon.com/law

Facebook: https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

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

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July 19, 2018July 20, 2018

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

Show Notes & Links

This is the link to the 2011 Ethics Report authored by Chief Justice John Roberts.
Here’s the Above The Law article we mentioned at the start of the main segment.
We’ve uploaded a copy of the MGM/Mandalay Bay lawsuit so you can read it for yourself.
The SAFETY Act can be found at 6 U.S.C. § 441 et seq., and the implementing regulations are at 6 CFR § 25.7.
We discussed the Senate Intelligence Committee’s report in Episode 190.
Here’s the link to the Mother Jones article about Butina documenting the claims made in the C segment.

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

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July 9, 2018July 10, 2018

OA190: Good News, Everyone! (On Abortion Rights & More)

Today’s episode — at long last — brings us some good news from two rather unlikely sources: first, from the state of Iowa (regarding abortion rights), and second, from the Republican-controlled Senate Intelligence Committee. You won’t believe your ears!

We begin, however, with a segment that’s good news for everyone except Andrew: yes, it’s the ever-popular Andrew Was Wrong. This time, Andrew owns up to a serious mistake regarding the fingerprinting regulations at the border, and an almost-as-serious mistake regarding the bustling metropolis of Olathe, Kansas.

In the main segment, Andrew breaks down Planned Parenthood v. Reynolds, a recent state supreme court opinion invalidating a 3-day waiting period (with other onerous restrictions on abortion) that provides optimism and a way forward for progressives as we prepare for decades of a right-wing federal judiciary. Find out how states can protect reproductive freedom and abortion rights separate from the U.S. Supreme Court.

After that, it’s time for a return trip to Yodel Mountain, where we check in on the Senate Intelligence Committee’s endorsement of the joint agency report from January 2017 concluding that the Russian government deliberately interfered in the US elections with a strong preference for Donald Trump to Hillary Clinton.

Finally, we end the answer to Thomas Takes The Bar Exam #83 regarding the tort of assault and an unloaded firearm. Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Andrew was just a guest co-host on Episode 75 of the Skepticrat 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