Opening Arguments - OA74: Sippin’ #Covfefe With Trump’s Severed Head

If it's Friday, it's a current events episode, and if it's current events, we're probably talking about Donald Trump. We begin, however, with a hopefully infrequent segment about stuff Andrew gets wrong.  In this case, patron Sean Keehan corrects Andrew's numbers regarding Congressional votes. After that, we answer the actual legal question behind #covfefe -- namely, whether Donald Trump can delete his Tweets.  The answer... might surprise you! In our main segment, we look at the ongoing Senate investigation regarding Trump's ties with Russia and break down the Congress's power to conduct investigations and issue subpoenas, and the reasons people can give for failing to comply with them. After that, fan favorite Breakin' Down the Law returns with the question on everyone's lips:  is it legal for Kathy Griffin to have posed with Donald Trump's severed head? Finally, we end with a brand new (and tricky) Thomas Takes the Bar Exam question #25 about the admissibility of a composite sketch after the primary witness has unexpectedly died.  Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show.  Don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Recent Appearances: None!  Have us on your show! Show Notes & Links
  1. Andrew first made the erroneous claim regarding voting results in Episode #54 on Gerrymandering, and repeated it in Episode #72.  Oops.
  2. The Presidential Records Act can be found at 44 U.S.C. § 2201 et seq.
  3. The case establishing the inherent power of the Congress to issue investigations dating back to the McCarthy era is Wilkinson v. U.S., 365 U.S. 399 (1961).
  4. Finally, the landmark case establishing the applicable standard of "imminent incitement to lawless action" is Brandenburg v. Ohio, 395 U.S. 444 (1969).
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The Allusionist - 57. AD/BC

There’s a small matter I trip over regularly in the Allusionist:
Dates.
Not the fruit.

Specicially, the terms BC and AD, Before Christ and Anno Domini (‘the year of the Lord’ (‘the Lord’ also being Christ)). How did Jesus Christ get to be all up in our system of counting the years?

There’s more about the episode at http://theallusionist.org/abdc

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The Gist - The Path of Most Resistance

In April, Donald Trump authorized rocket strikes on a military target in Syria. Most Democrats agreed with it. But when Trump makes a decision, does that make it inherently wrong? New Republic editor and Twitter star Jeet Heer offers a critique of the first few months of Democratic resistance. He wrote about it in the magazine last month.   

Today’s Spiel comes from the archives: For President Trump, you’re nobody until you’re somebody. And then, you’re not just anybody—you’re everybody.

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Social Science Bites - Mary Bosworth on Border Criminology

“Borders,” says Mary Bosworth, “are the key issue of our time.”  And so, says the criminologist, “in response to the mass migration that’s happening, the criminal justice system is shifting. This shouldn’t surprise us – all other aspects of our society are changing.”

One of those changes is the creation of a new subfield of criminology, one explicitly evolved to understand immigration control and criminal justice. In this Social Science Bites podcast interview with Dave Edmonds, Bosworth talks about a field which she calls ‘border criminology.’

She starts the conversation by explaining that even the name of the field is a bit unsettled. Bosworth notes a couple of other terms making the rounds, including ‘crimmigration’ – coined by Juliet Stumpf  -- and ‘criminology of mobility.’ The latter, she adds, doesn’t capture way that it’s the movement of people that’s being criminalized, and so “that doesn’t work quite so well in English.

“Border criminology as a term, I think, captures more clearly the way in which this is a field of study which is trying to understand both things that are happening at the border but also things that are happening n our criminal justice system.”

Border criminologists as a class do lots of field work in places like courts and prisons, and in Bosworth’s case much of her recent work has been in Immigration detention centers, which in the United Kingdom hold about 32,000 foreign nationals.

One of the main takeaways from her research has been that these detention centers are “very painful places for all the people concerned” – whether detainees and the officers. The officers themselves  often “don’t fully understand what they’re doing” and “don’t have a clear narrative” of the population they are detaining, which runs from criminals to visa overstayers to people who just don’t have any papers.

As an academic who once did research in prisons, Bosworth finds “the detention estate is much more recent and politicized -- and doesn’t have tradition of letting researchers in.”

As someone who has been allowed in, Bosworth says she’s found policymakers are interested in hearing her results, but less so on acting on them. A “counternarraitive” on the threat posed by immigrants has created headwinds, she finds, that make reforming policy difficult despite the documented fiscal and human costs of the present system.

In this interview, she also describes the emotional toll on this sort of filed work, and some of the brighter spots of her efforts, such as creating an archive of artwork made by detainees.

Bosworth is a professor and fellow of St. Cross College at the University of Oxford and concurrently a professor at Australia’s Monash University. She’s the director of the interdisciplinary research group Border Criminologies and assistant director of the Center for Criminology at Oxford. She’s currently heads both a five-year project on “Subjectivity, Identity and Penal Power: Incarceration in a Global Age” funded by the European Research Council as well as a Leverhulme International Network on external border control.

 

Serious Inquiries Only - SIO46: AHCA – The Scandal Hiding in Plain Sight

After a few small points about the last couple episodes on the hoax paper, we're back to normal here on commentary Thursday! Today's main topic is the CBO score on the new incarnation of the evil AHCA bill. AHCA is, in my opinion, the most important political scandal currently happening. After that is a very difficult voicemail segment, in that there are 3 tough questions with no easy answers. But those are the most important kind! Links: CBO Score on AHCA 2; NPR Breakdown on CBO ScoreIn Depth Uproxx Article on the Burrito Truck; Google Doc on Portland Appropriation; Academic Paper on Cultural Appropriation Support us on Patreon at:  patreon.com/seriouspod Follow us on Twitter: @seriouspod Facebook:  https://www.facebook.com/seriouspod For comments, email thomas@seriouspod.com Questions, Suggestions, Episode ideas? email: haeley@seriouspod.com