Opening Arguments - OA284: Drain the Swamp, Starring Gordon Hartogensis

Today's episode is a tragedy in three acts, bringing together three seemingly-unrelated stories: (1) understanding the looming crisis at the Pension Benefits ordonuarantee Corporation; (2) figuring out who Gordon Hartogensis is and why he's about to gain control over potentially hundreds of billions of dollars in assets; and finally, (3) putting together all the pieces to see how President Trump has acted to protect his crony, Treasury Secretary Steven Mnuchin, from potential criminal and civil liability in connection with his management of Sears. Strap in; it's going to be a bumpy ride!

We begin in Act I, in which the guys break down the Employee Retirement Income Security Act of 1974 (ERISA), its creation, the Pension Benefits Guaranty Corporation (PBGC), and the developments over the last 45 years that have pushed the PBGC to the brink of collapse.

Act II, then, takes over with the recently-appointed International Man of Mystery, Gordon Hartogensis, to lead the PBGC. Who is this guy, and what has he done to inspire confidence that he can right the ship? Listen and find out!

Act III weaves these stories together with the ongoing civil lawsuit by Sears against Steven Mnuchin and his buddy Eddie Lampert, who are alleged to have looted Sears's assets, driving it into bankruptcy. You'll never guess who bought those assets in bankruptcy... or, perhaps you'll instantly guess who did.

After all that, it's time for the answer to Thomas Takes the Bar Exam #128 involving a crazy fast-food heist involving an imaginary sniper and the drive-thru lane. Did you get it right??

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. Check out ERISA, 29 U.S.C. §§ 1001 et seq.
  2. You can also read the text and a breakdown of the key provisions of the PPA, which passed the Senate 93-5.
  3. For a sad laugh, check out the PBGC's own scant "Who the hell is Gordon Hartogensis?" page. The first person to break this story was Politico's Ian Kullgren, who wrote this article.
  4. We first covered the Sears/Lampert/Mnuchin story back in Episode 273, and you can read the Warren/Ocasio-Cortez letter here.

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

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-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!

Code Story: Insights from Startup Tech Leaders - Season 1 – Trailer

The process of building a product can take many twists and turns, based on the path that is chosen. How do you get started? What tools do you use? And how do you build your product roadmap?

There will be mistakes and issues along the way, how is your team going to respond? How do you build a team? And not just any team… a team that gets the vision, that follows your lead. What is the vision, and what does the future look like?


Ultimately – how do you take an idea from the back of a napkin to MVP to launch?


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Amazing tools we use: 

  • Want to record your remote interviews with class? Then, you need to use Squadcast.
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Credits: Code Story is hosted and produced by Noah Labhart, Co-produced and edited by George Mocharko. Be sure to subscribe on Apple PodcastsSpotifyPocket CastsGoogle PlayBreakerYouTube, or the podcasting app of your choice.



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The Nod - Six Degrees: Music Edition

June is Black Music Month, so Brittany and Eric decided to celebrate with a music-themed edition of Six Degrees of Black Separation… with a twist: the loser has to write and perform a song on a topic of the winner’s choosing. Will Eric FINALLY belt out that R&B slow jam about Oprah Winfrey’s Legends Ball? Will Brittany pen a ballad about The Real Housewives of Atlanta? Listen to find out!

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The Daily Signal - #476: This New Social Media Platform Aims to Protect Your Beliefs and Privacy

Facebook has become so big that even one of its initial founders says it’s time for government to break it up. But what if the market solved the problem -- and offered users better free speech protection? Enter AllSocial -- a new social media platform designed for everyone, with minimal censorship. We speak to Rolfe Carawan, who runs business development for AllSocial.We also cover these stories:•President Donald Trump talks about Brexit's future.•The Trump administration announces major new restrictions on travel to Cuba.•Virginia’s Gov. Ralph Northam is calling a special session of the state legislature to consider a package of gun control bills. The Daily Signal podcast is available on Ricochet, iTunes, SoundCloud, Google Play, or Stitcher. All of our podcasts can be found at DailySignal.com/podcasts. If you like what you hear, please leave a review. You can also leave us a message at 202-608-6205 or write us at letters@dailysignal.com. Enjoy the show!

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The Gist - Out Like a Champ

On The Gist, even in defeat, Jeopardy! genius James Holzhauer made one really smart play.

In the interview, Mike Pesca sometimes bikes to work, and—in full adherence to New York City law, mind you—he doesn’t wear a helmet when he does. Should he, or are the benefits of bike helmets overrated? Maria Konnikova gets into it on the latest edition of The Gist’s “Is That Bullshit?”

In the Spiel, the best way to answer a question? Answer the actual question.

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Pod Save America - “Donald Trump, Diplomat.”

Trump spends the weekend picking fights with our biggest trading partner (Mexico) and our closest ally (the U.K.), the mass shooting in Virginia Beach puts gun control proposals back in the spotlight, and the Democratic candidates for president descend on California to make their case. Then London Mayor Sadiq Khan talks to Tommy about Trump’s U.K. visit, and Cherokee journalist and activist Rebecca Nagle talks to Tommy about her new podcast, This Land.

Start the Week - Jared Diamond on national crisis

Jared Diamond explores how countries survive national crises. The Pulitzer Prize-winning author and polymath talks to Andrew Marr about the process seven countries went through at moments of huge upheaval – from Japan and Finland to Australia and Chile. Using the lessons learnt in overcoming personal trauma, Diamond charts the painful process of self-appraisal, selective change and flexibility needed to move forward.

Britain is facing its own national crisis, with the public and political parties divided over Brexit, political leadership and the way to move forward. Professor David Runciman and the Associate Director at the IEA Kate Andrews put Jared Diamond’s thesis to the test. They explore how far we can learn from past disasters and whether there are core national values that could help to unite the country. And, as the Conservative leadership contest begins and President Trump arrives in the UK, they discuss the limits to power and the myth of the strong leader.