Opening Arguments - OA345: How John Roberts Saved Christmas (Or: Everything You Need to Know About Nixon v. US)

Happy Holidays, everyone! Today, we tackle a number of issues that managed to distract us over the holidays regarding impeachment and do a deep dive into Nixon v. US -- all while weaving in a John-Roberts-as-the-Grinch-Who-Saved-the-Country-From-Mitch-McConnell story. Can it happen? Absolutely. Will it? We don't know. Do you need to listen? ABSOLUTELY.

We begin, however, with the recent filing by the lawyer for the House Judiciary Committee suggesting it might "impeach Donald Trump again." What on earth does that mean, and why is he taking this position? We explain it all.

Then it's time for a brief foray into the debate between Noah Feldman, Laurence Tribe (and Jonathan Turley for good measure) as to whether Trump has really been impeached given that the House has not yet transmitted the articles to the Senate.

As we all know, that question is really academic -- the real issue is: what power does Mitch McConnell have to transform impeachment into a sham proceeding? The answer lies in a 1993 Supreme Court case, Nixon v. US , 506 U.S. 224 -- and it may just reside in Chief Justice John Roberts. You won't want to miss this deep dive storytelling.

After all that, it's time for a brand new #T3BE involving burglary, larceny, and the world's angriest ex-employee. Remember to 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

  1. Click here to read the House's filing before the D.C. Circuit in the McGahn subpoena litigation.
  2. In the battle of expert turncoats, we have Noah Feldman arguing that Trump hasn't been impeached, and Jonathan Turley arguing that he has.
  3. Finally, make sure you read Nixon v. U.S., 506 U.S. 224 (1993).

-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!

the memory palace - Nate’s Favorite Episode of 2019

The Memory Palace is a proud member of Radiotopia.

Music

  • First up is Requiem from Nico Muhly’s score to How to Talk to Girls at Parties.

  • November by Colleen.

  • Edward Hong’s arrangement of Sleep from the Smoke and Mirrors Percussion Ensemble.

  • The solo version of Broad Channel by Bing & Ruth

  • Won’t Be a Thing to Become by Colin Stetson and Sarah Neufeld

Notes

  • Here’s Shane DuBay and Carl Fuldner’s study in the Proceedings of the National Academy of Sciences, including Fuldner’s remarkable photographs.

Science In Action - Gaming climate change

The latest round of climate negotiations, COP25, have ended without agreement on many fundamental issues. We join researchers from Perdue University in the US who have developed a role-playing game to encourage climate negotiators and others to take a long-term view. Key to this research project is the concept of tipping points, where an environment changes irreversibly from one state to another. This is accompanied by the loss of ecosystems - for example, the widespread melting of Arctic sea ice, rainforest burning or coral bleaching.

The idea is that such tipping points provide a more meaning full focus for the implication of climate change than abstract concepts like temperature rise.

Image: Polar bear in the Arctic Sea (Credit: Coldimages/Getty)

Short Wave - One Of The Germiest Places In The Airport

Hint: it's not the bathroom. Niina Ikonen and Carita Savolainen-Kopra from the Finnish Institute for Health and Welfare studied high-traffic areas in the Helsinki airport to identify where germs were most prevalent. Also, tips on how to stay healthy during your holiday travel. Here's their original paper in the journal BMC Infectious Diseases. Follow host Maddie Sofia on Twitter @maddie_sofia. Email the show at shortwave@npr.org.

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The NewsWorthy - Best of ‘Thing to Know Thursday’ in 2019 – Thursday, December 26th, 2019

Here's a special episode for you on this Thursday, December 26th, 2019!

Instead of providing the day's news in less than 10 minutes (like we usually do), we're instead taking a look back at some of the best "Thing to Know Thursday" interview segments we've aired after the news on Thursdays in 2019.

You'll hear 10 clips on 10 topics ranging from CBD to dating to esports to impeachment to productivity and more...

Thanks to all the guests who have shared their time and expertise throughout the year and to all the listeners for tuning in throughout 2019 and into the new year of 2020! 

And a special thanks to The NewsWorthy Insiders for your support of the show! Become one here: www.theNewsWorthy.com/insider

Learn more after this episode:

CBD - Dr. Peter Grinspoon, Harvard Medical School

Dating trends - Damona Hoffman, Dates & Mates

Esports - Joey Gawrysiak, Shenandoah University 

Impeachment Process - Laurie Levenson, Loyola Law School

Productivity Tips - John Lee Dumas, Entrepreneurs on Fire

E-Cigarettes/Vaping - Robin Koval, Truth Initiative  

Real ID - Jaime Garza, California DMV

Career Trends - Lauren McGoodwin, Career Contessa

Future of Drones - Arthur Holland Michel, Center for the Study of the Drone

“Year of the Vegan” - Leslie Durso, Vegan Chef

Short Wave - Happy Holidays!

Maddie and Emily wish you Happy Holidays and share some science facts you can show off at your next holiday party. Plus, a little reminder of how you can show your support for the show. Find and donate to your local public radio station at donate.npr.org/short. Follow Maddie and Emily on Twitter, @maddie_sofia and @emilykwong1234. Email the show at shortwave@npr.org.

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