Short Wave - Coronavirus And Racism Are Dual Public Health Emergencies
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Trump’s former Defense Secretary Jim Mattis published a scathing indictment of his presidency, and he’s been backed up by Republican Senator Lisa Murkowski. Lawmakers in the Congressional Black Caucus are preparing a piece of police legislation that will aim to end racial profiling and qualified immunity.
We speak with Dr. Keisha Blain, a professor of African American History at University of Pittsburgh, about how what’s happening now is an extension of the work civil rights leaders began long ago.
And in headlines: Trump signs executive order to weaken environmental protections, Zoom makes users pay for end-to-end encryption, and loud blonde man Jake Paul charged with looting.
Three L.A. comedians are quarantined in a podcast studio during a global pandemic. There is literally nothing to be done EXCEPT make content. These are "The Corona Diaries" and this is Episode #38. Music is "Booze Me Up and Get Me High" by Ween.
The killing of George Floyd was “a tipping point for many Americans” says Kay C. James, president of The Heritage Foundation.
James lived through the civil rights movement and has experienced segregation firsthand. Today, she joins the podcast to share her own story. “I thankfully have lived long enough to see that the America that I loved provided a means and a pathway forward, but I am also not blind to what exists today,” says James.
James also encourages conservatives to be the voices leading the civil rights movement today, because conservative solutions have the power to end many of the racial inequalities the African American community is experiencing.
We also cover these stories:
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Today's extra-long show -- two hours if you're a patron! -- tackles all the issues surrounding the state of our Union in the aftermath of the George Floyd murder, including questions about which charges should be filed against Derek Chauvin, whether Trump can invoke the Insurrection Act of 1807, and much, much more! Oh, and as a bonus, we also have a "lightning round" Yodel Mountain segment (with deep dives for patrons).
We begin with an in-depth discussion of an argument made by arguably the country's greatest legal mind, Laurence Tribe, that the murder-3 charge against George Floyd was sure to be dismissed. Find out why Andrew thinks Tribe is wrong, even in light of the Minnesota DA's decision to add a murder-2 charge to Chauvin's charges. After that, Andrew will explain one thing he was wrong about... due to a "quirk" in Minnesota's laws regarding felony murder and the merger doctrine.
Then, we discuss Trump's invocation of the Insurrection Act of 1807 to justify potentially sending armed forces into American cities. You'll learn exactly how not justified this is... and whether it matters.
After that, it's time to (briefly!) check in with Black Lives Matter and evaluate their lawsuit against Eric Garcetti for an injunction to block the Los Angeles curfew. Will it succeed? (No.)
We're not remotely done, though! After all that, it's time to head on up for a lightning round atop Yodel Mountain., were we check in on (1) Rod Rosenstein's Senate testimony, (2) Judge Sullivan's DC Circuit brief in the Flynn case, and (3) a weird story making the rounds regarding a 2016 lawsuit filed (and dropped) against Trump and Jeffrey Epstein.
After all that, it’s time for an all-new #T3BE involving character testimony. It's a tough question; can Thomas get it right? Listen and find out!
And remember -- if you're a patron, you get a ton of bonus content in this episode, including deep dives on each and every one of these stories!
Patreon Bonuses
There's a new Patreon amicus thread in addition to all the other patreon goodies.
Appearances
None! If you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at openarguments@gmail.com.
Show Notes & Links
-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!
On the Gist, what’s happening in Omaha.
In the interview, Slate’s Joel Anderson is here to talk with Mike about the parallels between the current protests and those in Ferguson, MO. They discuss the different tactics used by activists and police, how Ferguson organizers have now grown into leaders of a movement, and dissect why people loot.
Email us at thegist@slate.com
Podcast production by Daniel Schroeder and Margaret Kelley.
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The nationwide protest against racism and injustice shows early signs of progress, Trump’s presidency reaches a dangerous new low, and Joe Biden and Barack Obama remind us what a real president sounds like. Then LaTosha Brown, the co-founder of Black Voters Matter Fund, talks to Dan about organizing and mobilizing black voters ahead of November.
Three L.A. comedians are quarantined in a podcast studio during a global pandemic. There is literally nothing to be done EXCEPT make content. These are "The Corona Diaries" and this is Episode #37.