Opening Arguments - OA72: Body Slamming Journalists PLUS Political vs. Racial Gerrymandering

In this episode, we revisit what Andrew has called the worst problem in American politics:  gerrymandering -- but this time with a twist. We begin, however, with a listener question from Anna Bosnick, who is also our special guest for Law'd Awful Movies #7 - Legally Blonde! Anna watched the movie and listened to our intro and wants to know:  what exactly is habeas corpus, anyway? Then, we tackle the recent news about Montana Congressional candidate Greg "Body Slam" Gianforte.  Can he really take office if he's convicted of assault? In the main segment, Andrew and Thomas walk through the recent Supreme Court decision in Cooper v. Harris and discuss what it might mean for the future of gerrymandering legislation. After that, Andrew answers another listener question, this one from the exceptionally prescient Garry Myers, who wants to know whether corporations can assert 5th Amendment rights. Finally, we end with a brand new Thomas Takes the Bar Exam question #25 about smoking pot and crashing cars.  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!  But check out our Law'd Awful Movies guest, Anna Bosnick, and her amazing ukulele work over at worthyfools.com. Show Notes & Links
  1. Don't forget to check out our prior Episode #54 on Gerrymandering.
  2. In the case of Herrera v. Collins, 506 U.S. 390 (1993), Scalia opined that "of course" being actually innocent isn't grounds for habeas corpus relief, although that was walked back by the Supreme Court in McQuiggin v. Perkins, 133 S.Ct. 1924 (2013).
  3. You can also check out the Cooper v. Harris decision here.
  4. Finally, the case discussed in the C segment is Hale v. Henkel, 204 U.S. 43 (1906).
Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ And email us at openarguments@gmail.com Direct Download

The Gist - Ben Wittes Digs Out

Ben Wittes has a term for the nonsense justifications he observes coming from the Trump administration. He calls it ENSH: errant national security horseshit. On Thursday’s show, Wittes shovels up some of the larger ENSH dumps of the past two weeks. Wittes is editor in chief of Lawfare

In the Spiel, naming a long overdue Lobstar.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Bay Curious - You Live in S.F. and Your Home Was Built in 1906: True or False?

Ask around in the more historic parts of San Francisco and you’ll find a good number of the homes were built in 1906. Or so people have been told.


Reported by Penny Nelson. Produced and edited by Olivia Allen-Price, Vinnee Tong, Paul Lancour, Suzie Racho and Julia McEvoy. Theme music by Pat Mesiti-Miller.

Ask us a question at BayCurious.org.

Follow Olivia Allen-Price on Twitter @oallenprice.

The Gist - Everyone Looks Presidential on Air Force One

Donald Trump looks a lot more comfortable traveling abroad than he ever has in the White House. Josh King says there’s a good explanation for this. “Two Air Force Ones, a beast limousine, all the trappings of the United States government … it’s hard to screw that up,” says King, an expert in presidential stagecraft. He previously worked as an advance man in the Clinton White House. 

In the Spiel, the incredibly undeserved comeback of Billy Bush. 

Learn more about your ad choices. Visit podcastchoices.com/adchoices

The Gist - Tom Ricks: “It’s Shakespearean”

For Tom Ricks, the whiplash-inducing news of the past two weeks has been especially surreal. Ricks explains why he was stunned to see the National Security Adviser H.R. McMaster defend President Trump. Ricks is out with a new book about two of his heroes, Churchill and Orwell. Ricks writes the Best Defense blog for Foreign Policy magazine. 

In the Spiel, Mike breaks down former CIA Director John Brennan’s exchange with Rep. Trey Gowdy. 

Learn more about your ad choices. Visit podcastchoices.com/adchoices