Category: 3-LawSometimeCommentary

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.

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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.

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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.

---

Hosted on Acast. See acast.com/privacy for more information.

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!

Folks, this whistleblower is big news. Andrew Torrez has put in some OT to research the law behind the big news. In this bonus breakdown, we find out: what we know so far, the statute that "protects" the whistleblower and ensures congress should get to hear the complaint, who is currently breaking the law in order to cover for others who are breaking the law, what is currently being done about it, and what can and should be done about it. Listen and share!

Show Notes & Links

1. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
2. Sept. 10 letter from Schiff to Maquire
3. Sept. 13 response from COUNSEL FOR DNI acting Director
4. Sept. 17 letter back from COUNSEL

-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!

On March 19, 2019, the Supreme Court decided Nielsen v. Preap (and its companion case Wilcox v. Khoury), both of which consider the extent to which the mandatory detention provision of the Immigration and Naturalization Act applies to defendants who were not arrested by immigration officials immediately upon their release from criminal custody.
Aliens who are arrested in order to be removed from the United States typically can seek release or parole on bond while any dispute about their removability is being resolved. Title 8 U.S.C. § 1226(c)(1), however, creates an exception: aliens who have committed certain crimes or have a connection to terrorism must be arrested when released from custody relating to their criminal charges, and almost always held without bond until the question of removal is settled.
The U.S. Court of Appeals for the Ninth Circuit interpreted this mandatory detention provision to apply only when the alien is arrested immediately after release from prison. If a short period of time intervenes, the court concluded, the alien must be allowed the chance to apply for release on bond or parole.
By a vote of 5-4, the Supreme Court reversed the Ninth Circuit’s judgment and remanded the case. Respondent aliens who fall within the scope of § 1226(c)(1), the Court held, can be detained even if federal officials did not arrest them immediately upon release.
Justice Alito announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III-A, III-B-1, and IV, and an opinion with respect to Parts II and III-B-2, in which Chief Justice Roberts and Justice Kavanaugh joined. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.
To discuss the case, we have Greg Brower, Shareholder, Brownstein, Hyatt, Farber, Shreck.

Today's Rapid Response Friday spends a lot of time high atop Yodel Mountain, pondering the latest developments in the Trump Administration's efforts to keep the underlying grand jury materials (and redacted portions of the Mueller Report) from being disseminated to Congress. Oh, and we also check in on Trump's taxes, emoluments, that crazy whistleblower case and so much more from this corrupt administration.

We begin, however, with few little self-congratulatory remarks and some further information about #Brexit that we covered in Episode 315.

Then, it's time to tackle In re Application of the House Committee on the Judiciary regarding the unsealing of grand jury testimony. Learn how this argument interacts with McKeever v. Barr, which we last discussed in Episode 272.

After that, we pause briefly to discuss the latest ruling on emoluments from the Second Circuit Court of Appeals, as well as the latest apportionment lawsuit that may have been inspired by a previous episode. And we discuss Corey Lewandowski's sideshow, and the four pending lawsuits involving Trump's taxes, and so much more....

That gives us a brief amount of time to talk about the latest whistleblower case and what we do (and don't) 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. We covered Brexit in Episode 315.
3. Check out the latest Trump argument in In re Application of House Committee on the Judiciary. The operative statutory exception is Fed. Rule Crim. Pro. 6(e), and the case we discussed was McKeever v. Barr.
4. We, of course, first discussed McKeever v. Barr way back in Episode 206 when we debunked the conspiracy theory angle, and we were proven right in Episode 272.
5. The latest emoluments ruling from the 2nd Circuit is here; you can also check out the new apportionment lawsuit as well. Oh, and don't forget to read this great piece on Lewandowski by Elie Mystal.
6. Finally, the two threads you must read on the whistleblower complaint are by Asha Rangappa and our friends at Mueller, She Wrote.

-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!