Category: 3-LawSometimeCommentary

Today's episode breaks down the recent news relating to (1) legal efforts to subpoena Donald Trump's taxes, (2) the latest kerfuffle over the standing House rules and whether the impeachment inquiry is "unconstitutional" and "illegal" (it isn't), with a bonus (3) rant about PG&E's blackouts -- excuse me, "public safety power shutoff events" in Northern California. Phew!

We begin with a discussion surrounding PG&E's decision to shut off power for up to five days, affecting potentially two million people. These blackouts will have a tremendous economic and social cost -- and may cost lives, as well. Why are they happening? What's the law? Can we do anything about it? Listen and find out!

Then, it's time for a deep dive into breaking legal news this week. You may have heard that a court ordered the release of Trump's tax returns, and then that order was immediately appealed and blocked. What does it all mean and why? We dive deeply into this issue, and on the way you'll learn about Younger abstention, § 1983 cases, and much, much more!

After that, it's time for a look at the latest goalpost-moving excuse by the Republicans, this time the honestly-not-very-good argument that the impeachment inquiry is "illegal" unless authorized by the entire House of Representatives. Find out why this just isn't so.

Then, it's time for a follow-up #T3BE to last week's child-on-thin-ice. This time, we want to know: can her parents sue the day care? Listen and find out!

Upcoming 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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
2. The "de-energization events" are authorized, at least implicitly, by Section 451 of the California Public Utilities Code, as further interpreted by recent rules. PG&E, of course, is in Chapter 11 bankruptcy.
3. The anti-injunction act is 22 U.S.C. § 2283 , and you can brush up on Younger v. Harris, 401 U.S. 37 (1971) while you're at it.
4. We discussed the OLC memos in Episode 290, and then again in Episode 300.
5. You should definitely read Judge Marrero's order, even though it's been appealed to the Second Circuit.
6. Here are the standing House Rules (check out pp. 322-323), and the 2015 CRS report referenced during the show.

-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!

Today's episode is an interview and a deep dive with British solicitor Emma McClure, who helps walk us through the recent activity regarding #Brexit and also gives us some signposts as to what's next for our wacky neighbor across the pond.

This episode is a follow-up to our first #Brexit show, which was Episode 315. Find out what, if anything, Andrew got wrong in that show, while Emma also helps us break down the U.K. Supreme Court's (shocking to Andrew) 11-0 decision that PM Boris Johnson's decision to prorogue Parliament was an abuse of his powers and done for an improper purpose. We compare legal systems and learn a ton about what law is like in England. You won't want to miss this episode!

After the interview, we head back to a tricky #T3BE regarding a 12-year-old who sneaks out and falls in thin ice. This is one of those questions that Andrew admits he would have gotten wrong! Did Emma or Thomas manage to get it right?? Listen and find out!

Upcoming 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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

-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!

Download Link

On this episode, Melissa and Kate break down the Harvard affirmative action case just decided by a Massachusetts district court; go deep on some of our favorite classic and recent books on the Supreme Court; preview the first two weeks of the Supreme Court’s 2019 Term; and dish about clerking. (This last is a conversation to be continued -- we got tons of questions we didn't have time to discuss, so stay tuned for more on clerkships down the road!)

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Dahlia Lithwick is joined by Dean Erwin Chemerinsky of the University of California, Berkeley School of Law, who explains the biggest cases facing the Supreme Court this term. Then Nancy Northup, president and CEO of the Center for Reproductive Rights, explains why the justices have decided to take up June Medical Services v Gee, the first big abortion case of the Kavanaugh era. 

Learn more about your ad choices. Visit megaphone.fm/adchoices

Today's episode is a must-listen, timely deep dive as to what exactly constitutes "hearsay" -- and why the latest Republican talking points to discredit the whistleblower complaint as being "based on hearsay" are nonsense piled upon nonsense.

Remember that this your LAST CHANCE to come see Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

We begin today's show with an (unfortunately lengthy) Andrew Was Wrong segment about the Javelin missile, Al Gore's non-tie-breaking non-vote in 1999, and more. But was Andrew actually right about anything? (Maybe one or two things.)

Then, it's time for the main segment in which Andrew breaks down exactly why "hearsay" isn't the same as "stuff you maybe kinda overheard in the neighborhood." Learn what hearsay actually is, and why the latest round of unhinged Republican talking points are even more laughable than they seem.

After that, it's time for a frenzied visit back to Yodel Mountain, where we explain exactly what happens next in the House impeachment investigation.

As a bonus, we tackle a question many of you asked on social media: what exactly does happen if President Trump is removed from office via impeachment? Could he run again?? Listen and find out!

We conclude, as always, with #T3BE, including next week's guest, solicitor Emma McClure, and a wandering 12-year-old who falls through the ice.

Upcoming 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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
2. Here's the latest news from The Guardian about the President committing bribery on national television. And yes, it's bribery, 18 U.S.C. § 201(c)(1)(B) and not extortion or any other crime.
3. Curious about that 1955 law review article summarizing that grand juries can issue indictments based on nothing but expert hearsay testimony? We've got you covered.
4. And if you liked that, you probably also want to check out the Federal Rules of Evidence on hearsay, Rule 801 et seq.
5. If you see anyone sharing the absolute lie propagated in the Federalist that the intel community "secretly gutted" the requirement that whistleblower complaints be based on first-hand knowledge, you can send them to the May 2018 form 401. If you need a quick response, just share out this graphic that clearly shows it's a complete fabrication.
6. Oh, and don't forget to curl up with this subpoena served on Rudy Giuliani.

-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!

Today's Deep Dive can't help but stay high atop Yodel Mountain. We imagine that by the time you're hearing this, the House will have voted to begin an impeachment inquiry. Curious about what that means, why it matters, and what happens next? Then this is the show for you!

Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

We begin, however, with a brief update on #Brexit; no, we haven't forgotten that our closest ally is also suffering under the weight of an insane leader hell-bent on a racist policy that everyone knows is an impending disaster. But unlike the U.S., it looks like the U.K. Supreme Court.... still understands the rule of law? What a novel concept.

Then, it's time for a deep dive into impeachment, where we tackle:

1. Exactly why President Trump's conduct towards Ukraine in particular is so reprehensible;
2. Why beginning an "impeachment inquiry" matters;
3. What the Nixon articles of impeachment looked like;
4. The Clinton impeachment timeline;
5. ALL the ways Mitch McConnell and the Republicans can try and screw this up; and much, much more.

Then, it's time for the answer to Friday's #T3BE involving real property, and specifically, the condition to a contract requiring the buyer to procure a loan at 10% and whether that allows the seller to back out even if the buyer turns over the purchase price. Find out if Thomas got this one right!

Upcoming 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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
2. This is the Time reporting on Ukraine from which Andrew quoted; and this is the New York Times story about Manafort turning over polling data to Akhmetov.
3. Politico first reported the OMB hold on aid to Ukraine on August 28, nearly a month ago.
4. An ongoing proceeding makes it easier to prove obstruction of justice pursuant to 18 U.S.C. § 1505.
5. Click here to read the Nixon articles of impeachment, and (show-note only bonus!) here to read the vote breakdown.
6. We explained the "nuclear option" on Senate rules way back in Episode 59; these are the current Senate rules on impeachment (that can be modified at any time with this One Weird Trick).
7. Finally, if you're feeling super optimistic, remember we explained that Mitch McConnell can Mitch McConnell all of this in Episode 272.

-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!

After a fun game of “how I spent my summer--Supreme Court edition,” Leah, Melissa, Jaime, and Kate preview some of the cases they are watching for the upcoming term. They also discuss other issues that might make their way to the Court soon, including significant executive power disputes that might allow the Chief Justice to make some fashion waves.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 6/12 – NYC
• 10/4 – Chicago

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Dahlia Lithwick is joined by Walter Dellinger to discuss impeachment, and the role of White House lawyers in “Ukraine-gate”.

And James Zirin, author of Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits , breaks down the President’s

history of weaponizing the law while trampling legal norms.

donorschoose.org/AMICUS

Podcast production by Sara Burningham.

Learn more about your ad choices. Visit megaphone.fm/adchoices

Hooooo boy! Today's episode breaks down the tipping point that finally got House Speaker Nancy Pelosi to back an impeachment inquiry: the now-disclosed whistleblower complaint that lays out exactly how Donald Trump abused our foreign policy to pressure a foreign leader to aid him in his 2020 re-election campaign. It's every bit as bad as it looks, and we walk you through exactly what it means.

Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

Here's the topline: Acting DNI Maguire changed his story as to why he withheld the whistleblower complaint to a completely bogus claim of executive privilege. We'll tell you why that won't hold up. We'll also answer:

• What's a TELCON, and do we have reasons to believe that the "transcript" of the President's July 25 conversation with Ukranian President Zelenskyy was "Bill Barr"ed?
• Are we at PEAK YODEL MOUNTAIN?
• Did the Republicans really email their stupid talking points to Nancy Pelosi? And if so, how do we spot a hack? (Hint: he -- and they're pretty much all 'he's -- will have an "R" after his name.)
• What did we learn from Maguire's testimony today, and how incriminating was it? (Very.)
• What does the complaint say and how bad is it?
• And finally -- what are the FIVE ARTICLES OF IMPEACHMENT Andrew thinks will be brought against this President?

After all that, it's time for a brand-new #T3BE, this time a dreaded real property question that Thomas feels oddly confident about his answer. Do you share his optimism? Let us know!

Upcoming 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. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
2. Remember that the operative statute requiring Maguire to have turned over the whistleblower complaint is 50 U.S.C. § 3033, and particularly subsection (k)(5).
3. Here's the New York Times reporting that Trump mentioned Giuliani way back in his first call to Zelenskyy on April 21, 2019.
4. Extortion is 18 U.S.C. § 355(c)(2); treason is 18 U.S.C. § 2381, and neither are a good fit here.
5. What laws are a good fit? Well, how about (a) illegal solicitation of a campaign contribution, 52 U.S.C. § 30121; (b) bribery, 18 U.S.C. § 201 ; (c) obstruction of justice, 18 U.S.C. § 1505, and much more??
6. Finally, remember that we first discussed illegal campaign contributions back in Episode 116.

-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!

Download Link

Don't forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!

North Carolina has been in the news and on OA a lot lately, so to help give us more context and on-the-ground info, we're fortunate enough to get to speak to NC State Representative Christy Clark! We discuss the awful stunt Republicans pulled in order to override the Governor's Veto, previously discussed in Episode 315. We also talk about gerrymandering, and Rep. Clark gives tells her inspiring story!

-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!