Opening Arguments
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith and lawyer Matt Cameron help you understand not only current events, but also deeper legal concepts and areas! The schedule is M-W-F, with the main show on Monday and Friday and Vapid Response on Wednesday!
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OA366: Your Guide to the Coronavirus!
Today's episode breaks down force majeure clauses in contracts and takes a look at what might happen in the next few weeks as the world prepares to deal with COVID-19 coronavirus. Along the way we also tackle the news of the week, including the baffling decision out of the DC Circuit not to require Don McGahn to testify. You won't want to miss this episode! We begin, however, with some recurring Vice Presidential/line of succession questions and take a mini-deep-dive into the absolutely bonkers elections of 1796 and 1800 that produced the 12th Amendment, and what it says about vice-presidential qualifications. After that, it's time for our main segment on coronavirus, which includes a deep dive into various cases where contracts have been broken due to "acts of god." Is a global pandemic an "act of god?" Listen, find out, and you'll soon be able to whip out four-part tests if your hotel tries to cancel your room due to coronavirus scares. Then, it's time to pick apart the D.C. Circuit's 2-1 baffling opinion that the House Oversight Committee lacks standing to go to a court to enforce its subpoena over Don McGahn. This is technically an "Andrew Was Wrong," because Andrew did not imagine that any judges with functioning brain cells could have authored an opinion this bad. Find out what's next! After all that, it's time for a brand new Thomas Takes the Bar Exam involving a tainted witness identification. And remember that you too can play along by sharing out this episode on social media and using the hashtag #T3BE. 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 For all your Vice Presidential qualification questions, check out the 12th Amendment! Here's the D.C. Circuit's decision in McGahn, and we also referenced Raines v. Byrd, 521 U.S. 811 (1997) and, of course, Opening Arguments's good friend Richard Nixon in United States v. Nixon, 418 U.S. 683, 696-97 (1974). Finally, you can read Josh Chafetz's law review article, "Executive Branch Contempt of Congress." -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 -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA365: Every Melody Ever, Part 1
Today's episode brings you our first look at the efforts by Damien Riehl and Noah Rubin to copyright "every melody ever" as part of a way of reconceptualizing copyright law as it applies to music. SPOILER: We're going to have Riehl and Rubin on the show to discuss their work in more depth. We also discuss Chevron deference and a recent dissent by Clarence Thomas that's No Laughing Matter. We begin with a deep dive into the Riehl and Rubin "Every Melody Ever" effort, which builds upon the music copyright episodes we've previously discussed in Episode 236 ("Stairway to the Supreme Court") and Episode 288 ("More on Led Zeppelin"). What exactly are Riehl and Rubin doing, and will it put an end to copyright lawsuits against musicians? Listen and find out! After that, we check out a case (Baldwin v. U.S.) in which the Supreme Court refused to grant certiorari -- and the dissent filed by Clarence Thomas. That prompted a headline that got some chuckles last week -- "Clarence Thomas cites Thomas in overruling Thomas" -- and we learn that (of course) this turns out to be no laughing matter, but part of a concerted effort to roll back not only a 2005 Clarence Thomas opinion, National Cable & Telecommunications Ass'n v. Brand X Internet Svcs., 545 U.S. 967 (2005), but Chevron deference itself. Find out why even the howler monkey contingent wanted to take a pass on this case -- but not Clarence Thomas! After all that, it's time for the answer to perhaps the easiest #T3BE ever -- or is it? (It is.) And remember, you can always play along with #T3BE by sharing out the show on social media! 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 Our basics on music and copyright were covered in Episode 236 and then with a follow-up in Episode 288. For (some of) the details on Riehl and Rubin's project, you can read the write-up in Vice. Finally, you can check out Thomas's cert dissent in Baldwin v. U.S. 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 -Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at openarguments@gmail.com!
OA364: Will The Supreme Court Shield Trump's Taxes? (No.)
Today's episode takes a deep dive into the just-filed briefs in the Trump v. Mazars litigation pending before the Supreme Court regarding the legitimacy of the House's subpoenas for Trump's tax returns. Is the law on the House's side? (Yes, yes it is.) Are we confident that the Supreme Court will rule the right way in a case this bad? (Maybe?) In any event, you'll want to listen! Announcements Don't forget our YouTube Live Q&A this Sunday, March 1, at 1:30 pm Eastern / 10:30 am Pacific! You still have two days to register for Voter Protection Law School Boot Camp! We begin with an Andrew Was Wrong(-ish) from our good friend Randall Eliason on the actual frequency of below-guidelines sentences in light of Roger Stone's downward variance. Then it's time for a deep dive into Mazars v. Trump, where we look at the briefs filed by the parties and evaluate the arguments made by the Trump administration that the subpoenas issued by the House are invalid. How bad are these arguments? They're bad. Then, it's time to tackle the recent defamation lawsuit filed by the Trump campaign against the New York Times regarding a March 2019 op-ed by Max Frankel, in which Mr. Frankel argued that the campaign didn't need to coordinate with Russia to benefit from foreign assistance. Does this pave the way for really good discovery? (No.) After all that, it's time for a brand-new #T3BE involving a law prohibiting providing assistance to undocumented aliens. Can Thomas start a new winning streak? Listen and find out. And, of course, you can always play along on social media by using the hashtag #T3BE! 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 Remember to check out our YouTube Channel ! If you're thinking about Democratic Voter Protection Law School Bootcamp, check out the flyer and then apply online. n the opening segment, Andrew references the U.S. Sentencing Commission (2018) report on sentences. in Mazars v. Trump, check out the President's Jay Sekulow-penned brief as well as the just-filed response by the House of Representatives. You can also read the Franchise Tax Bd. v. Hyatt (2019) decision. Finally, check out the Trump Campaign v. New York Times defamation lawsuit. -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!
OA363: Good News About Ex-Felons in Florida
Today's episode brings you some good news from the 11th Circuit Court of Appeals with respect to Florida's effort to restore the vote to felons who have completed their sentences -- and the Republicans' ongoing efforts to stop it. We also revisit the emoluments clause litigations pending in two jurisdictions as well as tackle a novel question from one of our listeners. You won't want to miss it! We begin with a brief Andrew Was Wrong / Andrew Was Right segment regarding emoluments. Friend of the show Seth Barrett Tillman writes in to correct us on two procedural issues and also to venture an opinion that any future emoluments cases would have to be brought by both houses of Congress. Find out why Andrew disagrees and stands by his original recommendation in Episode 361 that Nancy Pelosi authorize a new vote by the full House of Representatives to re-file the case originally brought in Blumenthal v. Trump. Then it's time for our main segment on the breaking decision out of the 11th Circuit striking down the Florida legislature's effort to gut Amendment 4 (which was meant to restore voting rights to ex-felons). Find out why the court ruled the way it did, what happens next, and why there may be cause for optimism in the Sunshine State! After that, it's time for a fascinating, clever, but (sadly) wrong suggestion from a listener regarding a writ of mandamus and the current logjam in Congress. We end, as always, with #T3BE, and Thomas's seven-question winning streak on the line regarding a contract and an unfortunate foreman who suffers an accident prior to starting his duties. Will Thomas prevail? Listen and find out! And don't forget to play along by sharing out the show on social media! 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 In the opening segment, Andrew breaks down the Supreme Court case of Virginia House of Delegates v. Bethune-Hill (2019). You'll want to read the 11th Circuit's opinion for yourself. We last discussed the Florida legislature's efforts to gut Amendment 4 back in Episode 266. -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!
OA362: The Pardon Power (Or: Blagojevich, Milken, and Trump, Oh My!)
Today's episode takes a deep dive into the history and contemporary use of the Presidential pardon power in light of President Trump's decision to pardon and/or commute the sentences of 11 various and sundry monsters. We figure out exactly what the power was supposed to mean and what it means today. We start off with some pre-show teasers. After that, our "A" segment looks at the basics of the Nevada caucus, including the results you can expect the day after this show drops! What weird changes are taking place in Nevada? Listen and find out! As a teaser, we talk about today's sentencing by Judge Amy Berman Jackson of Trump loyalist and Nixon afficionado Roger Stone. What does it mean, and does it portend a pardon for Stone? Listen and find out! Then, it's time for our deep dive into Presidential pardons and commutations. We begin with the language in the Constitution (Art. 2, Sec. 2, Cl. 1) and Federalist 74. From there, we move on to the 19th and 20th century uses of pardons, looking at the literature and the relatively recent (and controversial -- deservedly so) pardons by Bill Clinton on the very last day of his presidency. We end the segment, of course, by discussing the assorted and sundry monsters pardoned by Trump, including some names you literally won't believe. 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 Federalist 74 on pardons. In terms of contemporary pardon literature, we recommend Margaret Colgate Love's "The Twilight of the Pardon Power" (2010) and Gregory C. Sisk's 2002 article "Suspending the Pardon Power During the Twilight of a Presidential Term." -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!
OA361: DC Sides with Trump in Emoluments Case?
Make sure to subscribe to the YouTube Channel! Today's episode features a quick Andrew was... something segment about the ERA. Then we talk about the recent ruling in an emoluments case against Trump. Was it devastating or was it expected? Listen and find out! Then we tackle some great listener questions at the end.
OA360: The Tuesday Afternoon Massacre
Today's episode covers the "Tuesday Afternoon Massacre," in which Donald Trump's tweets prompted his sycophantic Attorney General, William Barr, to overrule career prosecutors and file a "Supplemental and Amended Sentencing Memorandum" reversing the government's position from literally the day before in order to urge leniency on convicted criminal Roger Stone. We begin, however, with a less-than-exhaustive (but exhausting) recitation of the various ways Trump has abused his power -- and yes, committed crimes -- in the mere eight days since he was acquitted during impeachment. From firing Lt. Col. Vindman to placing Barr in charge of all future "political investigations," Trump is consolidating his now-seemingly limitless power to run the U.S. government as his private fiefdom, with no consequences whatsoever. Then it's time for our main segment, where we explain just how corrupt the "Supplemental and Amended Sentencing Memorandum" really is. Along the way, we explain Pre-Sentencing Reports (PSRs), the Federal Sentencing Guidelines, and much, much more! After all that, it's time for a brand-new #T3BE that starts off as a question about hearsay before the curveball takes us down the question of witness impeachment. How will Thomas do? There's only one way to find out! And remember that you can play along -- just share out this episode on social media using the hashtag #T3BE and we'll pick a winner! 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 can check out the Barr memorandum on "political investigations" by clicking here, and Lindsey Graham's confession here. Firing Lt. Col. Vindman is very clearly a violation of 18 U.S.C. § 1513(e). We referenced Manafort's nonsense "solitary confinement" claim that was refuted by the DOJ itself a year and a half ago in this filing. You can click here to read the DOJ's initial sentencing memo, and click here to read the "Supplemental and Amended" memorandum filed the next day. -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!
OA359: The Equal Rights Amendment (ERA) & Baseball Law!
Make sure to check out our YouTube video and subscribe to the channel! https://www.youtube.com/watch?v=Jh69ZSnZzc4&t=1s Today's EXTRA LONG episode breaks down the recent ratification of the Equal Rights Amendment (ERA) by the State of Virginia. Since that's the 38th state (more than 3/4ths of the states), and the ERA also passed the Senate and the House of Representatives by more than 2/3 margin... does that mean that the ERA is now part of the Constitution? Listen and find out! We begin by diving right in to the ERA, starting with a lengthy deep dive into the history of the Amendment dating back to the early 1970s... which might make you nostalgic for the Republicans of old. Then, we talk about the complicated issues underlying the passage of the ERA, including the strange case of the 27th Amendment which lay dormant for two centuries before getting ratified by 3/4ths of the states in 1992. And if the 27th Amendment can lay dormant for more than 200 years, why can't the ERA? Well... we'll tell you some of the reasons why (and why not). After that, it's time to break down the Houston Astros cheating scandal, where we talk about our listeners' favorite topic: baseball law! Even if you're not a fan of baseball, we think you'll enjoy our breakdown. And after all that, it's time for the answer to #T3BE 165 involving jury instructions. Can Thomas keep his winning streak going?? There's only one way to 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 To catch up: We discussed Amendment 27 way back in Episode 11, and the Munsingwear doctrine in Episode 181. The Supreme Court last weighed in on the Equal Rights Amendment in 1982. The two cases we discuss in context are Dillon v. Gloss, 256 U.S. 368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939). Baseball law references: Check out the story in the Athletic quoting Mike Fiers that started it all; this CBS article on how Tyler Glasnow "was tipping his pitches"; the results of the MLB investigation; and the MLB Constitution. -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!
OA358: Can Trump Block New Yorkers From Global Entry? (No.)
Today's episode takes place in the aftermath of the Trump impeachment sham. We take a minute to heap praise on Sen. Mitt Romney, who had the courage of his convictions, before delving into the obvious fact that this president is now empowered to seek revenge on his enemies, starting with the State of New York. Can he really prevent New Yorkers from using Global Entry? Before that, we have to cover the latest in faux outrage, in which America's Dumbest Congressman (TM), Matt Gaetz, teams up with Charlie Kirk (and others) to ... insist that Speaker Nancy Pelosi had no right to rip up her copy of Trump's State of the Union address. Can that possibly be the law? (No.) Then, it's time to settle in for a nice, long deep dive into New York's Green Light Law, and how that led a Trump lackey to try and retaliate by asserting that New Yorkers will no longer be eligible for the Global Entry program at airports. Is it really possible that Trump's Department of Homeland Security will carry out this threat? Do we have a legal recourse? Listen and find out! After all that, it's time for a brand-new #T3BE on the preservation of objections for appeal. Can Thomas continue his winning streak? Would you do any better? If so, just share out this episode on social media using the hashtag #T3BE and we'll pick a winner! 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 The operative law that Speaker Pelosi definitely didn't violate -- but President Trump has -- is 18 U.S.C. § 2071. You can read all about New York SB1747B (the "Green Light Law") as well as check out the fact sheet issued by the DMV. We break down the nonsense threat letter written by "Acting Director" of DHS, Chad Wolf. Legal references! Check out 8 U.S.C. § 1365b; 74 FR 59932; 77 FR 5690; and the final rule, 8 C.F.R. 235.12. Finally, in the political aftermath, we mentioned the pending bipartisan bill, House Res. HR 3675. Check out the latest blog post from Marcy Wheeler, which sets out her take on Lt. Gen. Michael Flynn and sets out the embedded legal documents. -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!
OA357: Ok, WTF Iowa?
We're on for a bonus pod talking about the bungled Iowa Caucus.
OA356: The Future of Flynn (w/guest Marcy Wheeler)
Today's episode features an in-depth interview with investigative journalist and prolific blogger Marcy Wheeler (a.k.a. emptywheel), who has a novel take on Lt. Gen. Michael Flynn who, as our listeners know, fired Covington & Burling, hired a loon, and has tried to withdraw his guilty plea. Marcy tells us what she thinks this means! We begin with a bit of analysis and some kind words from a listener in light of the disappointing Senate vote to block witnesses that came down late Friday night. Yes, this means the impeachment is effectively over. No, it doesn't mean we're going to stop fighting. After that, it's time to tackle Marcy Wheeler's take on Lt. Gen. Michael Flynn. We do a deep dive into the two most recent sentencing memoranda filed by the government in Flynn's case while trying to figure out what this portends. You don't want to miss it! After all that, it's time for the answer to #T3BE 164 involving a crazed roommate, an aborted murder, and exactly what you could charge him with. 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 the latest blog post from Marcy Wheeler, which sets out her take on Lt. Gen. Michael Flynn and sets out the embedded legal documents. -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!
OA355: Honest Answers to Impeachment Questions
Today's episode tackles six questions raised during the first day of cross-examination at the impeachment of President Trump and gives you the real answers, from a legal point of view, minus the spin (on both sides)! We tackle the standard for impeachment, past judges who have been impeached, the will of the Framers, and much, much more! ----- Remember that Alan Dershowitz has challenged Andrew to a debate, and we've accepted! Only time will tell if Dersh chickens out. Also: please do CALL YOUR SENATORS. The Senate switchboard is (202) 224-3121. They'll connect you! For the Republicans, make this simple request (and be polite!): "I'd like to speak with Senator ____'s office. Hi, I'm _____, I'm a constituent, and I'm calling to ask Senator ____ to vote in favor of allowing the Senate to subpoena documents and witnesses in the impeachment trial. I don't know how we can decide if Trump is innocent or guilty without seeing all of the evidence. Thank you." For the Democrats, call them and thank them for their promise to vote for subpoenaing documents and witnesses. That's all! It's that easy and you can REALLY MAKE A DIFFERENCE. Thank you! ----- We begin the show with a brief analysis of John Bolton's forthcoming book and whether the White House can get a judicial injunction to block publication. (Hint: no.) In analyzing the question, we do a mini-deep-dive into prior restraint, what it means, and why it protects Bolton's right to publish here. Then it's time for the question extravaganza, which covers not only the legal standard for impeachment but the arguments raised by both sides, the question of foreign interference in our elections, how one asserts executive privilege, and so much more! You won't want to miss this! After all that, it's time for a brand-new #T3BE about a crazed, icepick-wielding roommate with bad luck. Will Thomas be able to keep his win streak going? There's only one way to find out! And remember that you too can play along on social media! 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 let Republicans misrepresent the articles of impeachment. Article I, Abuse of Power contains allegations that satisfy 18 U.S.C. § 201(b)(2) (the crime of bribery) and Art. II, Obstruction of Congress contains allegations that satisfy 18 U.S.C. § 1505 (the crime of obstruction of justice). We referenced Zephyr Teachout's seminal 2009 law review article, "The Anti-Corruption Principle" as well as this analysis by Eisen, Painter, and Tribe on emoluments. Finally, check out Prof. Cunningham's article on the original meaning of "misdemeanors" 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!
OA354: A Russian Asset Sues What?
Today's episode breaks down the (spoiler: ridiculous) defamation lawsuit filed by Tulsi Gabbard against Hillary Clinton for calling her (sort of) a "Russian asset." We do the patented Opening Arguments reading-the-complaint-backwards method (sort of) to figure out exactly what this means and what comes next. We begin, however, with some instant response to the Saturday Republican "defense" of Trump in the impeachment proceedings. It's... well, it's a thing. Is Jay Sekulow still America's dumbest lawyer? (Hint: yes.) Learn the arguments that they're actually trying to advance, and why they're not actually a thing. And again: please don't forget to CALL YOUR SENATOR! Remember, this is preposterously easy: Call. (202) 224-3121. CALL YOUR SENATORS, if you need help connecting to them, use @resistbot. Text the word RESIST to the bot on Messenger, Twitter, Telegram, or to 50409 on SMS. First time setup is quick, then calling both should take 3-5 minutes. Here's what you say: "I'd like to speak with Senator ____'s office. Hi, I'm _____, I'm a constituent, and I'm calling to ask Senator ____ to vote in favor of allowing the Senate to subpoena documents and witnesses in the impeachment trial. I don't know how we can decide if Trump is innocent or guilty without seeing all of the evidence. Thank you." Then, it's time to break down everything about Tulsi Gabbard's lawsuit. That means defamation law, Tulsi's lawyers, the New York Times v. Sullivan standard, and much, much more. You'll be surprised to learn that Tulsi Gabbard's lawyers are... actual lawyers? But you'll also be surprised to learn some facts about them. Don't go all crazy conspiracy-theory on us, but... definitely listen. After all that, it's time for the answer to #T3BE 163 involving contemporaneous notes and whether they're admissible as hearsay. 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 Tulsi's defamation lawsuit 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!
OA353: Duplicity and Impeachment
Today's episode won't be a surprise; we're tackling all the developments in the impeachment trial of Donald J. Trump, including a deep dive into the trial brief filed by his cadre of (terrible) lawyers that alleges a strange new legal defense: "duplicity." Figure out what it all means & why there's so much reason to hope on today's show! We begin with a letter a listener received from Sen. Todd Young and a call to action to each of you to CALL YOUR SENATORS. The Senate switchboard is (202) 224-3121. They'll connect you! For the Republicans, make this simple request (and be polite!): "I'd like to speak with Senator ____'s office. Hi, I'm _____, I'm a constituent, and I'm calling to ask Senator ____ to vote in favor of allowing the Senate to subpoena documents and witnesses in the impeachment trial. I don't know how we can decide if Trump is innocent or guilty without seeing all of the evidence. Thank you." For the Democrats, call them and thank them for their promise to vote for subpoenaing documents and witnesses. That's all! It's that easy and you can REALLY MAKE A DIFFERENCE. Then, it's time for the main segment, where we delve into all of the supposed "impeachment rules" -- do they really have to drink milk? -- and why S. Res. 438 gives us some reason for optimism. After that, it's time to deconstruct the "cargo cult legal brief" filed by Trump's lawyers. How is it lying nonsense and what's the next bizarre and false argument they're going to make in the trial? We tell you! We also explore the legal doctrine of "duplicity," and show how... duplicitous that argument is in Trump's brief. Then, of course, it's time for a brand-new #T3BE on contemporaneously recorded notes and hearsay. Will Thomas build on his three-question winning streak? Will you get it right? There's only one way to 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 Rules: click here to read Riddick's Senate Procedure, and here for the just-adopted S. Res. 438. Strap in: this is the cargo cult Trump trial brief, and here are the House Articles of Impeachment. Remember that the two crimes covered by the Articles are bribery, 18 U.S.C. § 201(b)(2) (included in Art. I, Abuse of Power) and obstruction of justice, 18 U.S.C. § 1505 (included in Art. II, Obstruction of Congress). Here's the interview reported by Politico in which Mulvaney conceded there was a quid pro quo (and "get over it")! Finally, if you really want to dig into "duplicity," check out U.S. v. Kearney, 451 F.Supp. 33 (S.D.N.Y. 1978). -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!
OA352: Phil Ferguson Explains the SECURE Act
Believe it or not, Congress apparently does occasionally pass laws still. One such law is the SECURE Act. The stated goals of the legislation involve trying to improve the retirement plans and options for Americans who are struggling to save enough. But was the legislation well-written or will there be unintended consequences? We've got Phil Ferguson of Polaris Financial Planning and host of the Phil Ferguson show to give us the breakdown!