Opening Arguments - OA225: Elections Have Consequences… for Jeff Sessions

Today's Rapid Response Friday covers the two things that are definitely on everyone's minds:  (1) the midterm elections, and (2) the fate of the Mueller investigation and more in light of President Trump's decision to fire Attorney General Jeff Sessions.  Elections have consequences... don't they?

We begin with a roundup of  the outstanding legal issues in connection with the midterms.

After that, it's Yodelin' time.  What happened to G. Zachary Terwilliger?  Is the Mueller investigation in trouble?  What can we do??  Listen and find out!

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. No links this week!

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For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com

 

Opening Arguments - OA224: Andrew Debates Prof. Justin Walker!

At long last, we've got the audio from Andrew's debate with University of Louisville Law School professor, member of the Federalist Society and former Brett Kavanaugh clerk Justin Walker! The debate was put on by the American Constitution Society and Americans United for the Separation of Church and State. It was moderated by the ACLU!

After that, it's the thrilling conclusion to TTTBE100....

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And email us at openarguments@gmail.com

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Amicus With Dahlia Lithwick | Law, justice, and the courts - SPECIAL: The Deadly Shooting at the Tree of Life Synagogue

Dahlia Lithwick and her son Coby talk to Rabbi Chuck Diamond about the deadly shooting at the Tree of Life synagogue in Pittsburgh. Diamond was the rabbi at Tree of Life for seven years and originally met Dahlia when she was 10 years old. The three of them discuss the generosity of the Squirrel Hill community, the healing process over the past week, and how to talk to kids about the tragedy. 

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Amicus With Dahlia Lithwick | Law, justice, and the courts - SPECIAL: The Deadly Shooting at the Tree of Life Synagogue

Dahlia Lithwick and her son Coby talk to Rabbi Chuck Diamond about the deadly shooting at the Tree of Life synagogue in Pittsburgh. Diamond was the rabbi at Tree of Life for seven years and originally met Dahlia when she was 10 years old. The three of them discuss the generosity of the Squirrel Hill community, the healing process over the past week, and how to talk to kids about the tragedy. 


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

Opening Arguments - OA223: A Victory for Voting Rights in Pennsylvania!

Today's Rapid Response Friday revisits some cases we've previously discussed with recent positive developments:  the Summer Zervos lawsuit and the future of political gerrymandering in Pennsylvania.

We begin with the Zervos lawsuit we first covered in Episode 176, in which a state trial court judge has ordered Donald Trump to respond to discovery served by Zervos's attorney.  What's next for the President and why does it have Yodel Mountain implications?  You'll have to listen and find out!

After that, we revisit our discussion from Episodes 146 and 148 regarding the Pennsylvania Supreme Court's opinion redrawing congressional maps in that state.  The U.S. Supreme Court -- and yes, that's the Brett Kavanaugh-and-Neil-Gorsuch-laden Supreme Court! -- just declined to intervene to protect the Republicans.  Why is that, and how is that a map forward?  We tell all!

Then, we return to the Gary Hart story we discussed last episode.  Was Hart really set up?  Listen and find out!

Finally, we end with an all new Thomas Takes The Bar Exam #100 that is the dreaded real property question Thomas needs to get right in order to hit "60% at the half."  Can he do it?!??  You'll have to listen and find out!  And, of course, if you'd like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.  We'll release the answer on next Tuesday's episode along with our favorite entry!

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 cert petition in Turzai v. Brandt and here to read the opposition.
  2. This is the James Savage response on Gary Hart.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

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Don't forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com

 

Opening Arguments - OA222: Entire WV Supreme Court Impeached?!

Today's episode tackles an issue you've all been writing about:  what exactly is going on in West Virginia, where the entire state supreme court has been impeached?  We break it down for you!

First, though, we start off with a roundup on voter suppression, including Georgia's "exact match" requirement being used to deny new registrations.

After that, it's time to go deep, deep down the rabbit hole in West Virginia.  It's... kind of amazing, actually.

Then, we move to a breaking story involving Andrew's first political crush.  Yes, before there was Liz Warren, we had "Atari Democrat" Gary Hart.  Find out what's in the news regarding Hart.

After all that, we end with the answer to Thomas Takes The Bar Exam #99 regarding the good-faith exception to the exclusionary rule.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent 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. No links this week as Andrew is traveling from Undisclosed Location B.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don't forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com

 

Amicus With Dahlia Lithwick | Law, justice, and the courts - Docket Deep Dive and Is It Time to Freak Out About Voting?

Dahlia Lithwick talks with Slate’s own Mark Joseph Stern about what to look out for this term. Professor of law and political science at UC Irvine, Rick Hasen discusses how free and fair the midterm elections will be in light of recent Supreme Court rulings on voting rights.

Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.

Podcast production by Sara Burningham.

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

Amicus With Dahlia Lithwick | Law, justice, and the courts - Docket Deep Dive and Is It Time to Freak Out About Voting?

Dahlia Lithwick talks with Slate’s own Mark Joseph Stern about what to look out for this term. Professor of law and political science at UC Irvine, Rick Hasen discusses how free and fair the midterm elections will be in light of recent Supreme Court rulings on voting rights.

Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.

Podcast production by Sara Burningham.


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

Opening Arguments - OA221: Elections Have Consequences, Florida Edition

Today's Rapid Response Friday takes us back to a well-worn trope here at OA that we can't emphasize enough in late October:  elections have consequences!  Specifically, we take a look at the importance of past and future elections in the pivotal swing state of Florida.

We begin, however, with a quick statement on the Trump administration's apparently-leaked policy regarding trans people and some new developments.

After that, it's time for the ever-popular Andrew Was Wrong segment, with two things that.. well, Andrew got wrong:  Whitewater and Paul Manafort (!)

Then it's time for a deep dive into the Florida Judicial Nominating Commission and various constitutional amendments that are on the ballot this November, including one that takes a swipe at our favorite doctrine.

But that's not all!  We move on to discuss 202 Democratic Presidential Candidate Michael Avenatti.  It's not pretty.

Finally, we end with an all new Thomas Takes The Bar Exam #99 regarding criminal procedures.  After getting it wrong last week, Thomas needs to go 2-for-2 to get to the coveted "60% at the half" -- can he do it?!??  You'll have to listen and find out!  And, of course, if you'd like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.  We'll release the answer on next Tuesday's episode along with our favorite entry!

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. For more on the history  of jury sentencing at the state level, check out this 2011 law review article by Melissa Carrington that's well worth a read.
  2. Click here to read the Tampa Bay Times article suggesting that the next court nominee is going to be a conservative regardless of the election; here for the official Florida government website describing how the JNC is selected; and here for an in-depth discussion of the history of the changes to that process.
  3. This is Detzner v. Anstead, the Florida Supreme Court decision we discussed regarding bundled amendments, and you can click here to read the text of the proposed Florida amendments.
  4. Click here to read the Grassley referral of Avenatti and Sweatnick to the DOJ.  And we broke down the Avenatti-Frank lawsuit first in OA Episode 181.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don't forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com

 

Opening Arguments - OA220: Carter Page, Clownhorn

Today's Rapid Response Tuesday takes an in-depth look at OA's new favorite clownhorn, Carter Page, and his delightfully mad lawsuit against the Democratic National Committee, the law firm of Perkins Coie, and (I think) the Ancient Order of the Illuminati.  Strap in!

We begin with some good ol'-fashioned yodeling, with a roundup of stories with Yodel Mountain implications, including (1) the report that Mueller's probe will conclude after the midterms; (2) Paulie Manafort's latest motion; (3) the departure of White House counsel Don McGahn; and (4) some news regarding Michael Avenatti's White House run in 2020.

Then -- oh man -- it's time for a deep dive into Carter Page's lawsuit regarding this September 23, 2016 Yahoo news story, written by esteemed reporter Michael Isikoff, that Mr. Page delightfully believes is defamatory.

After all that, we end with an all new Thomas Takes The Bar Exam #98 regarding constitutional law standards for a group home.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent 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. This is the Bloomberg News article suggesting that Mueller's probe will conclude after the midterms.
  2. You can click here to read Judge Ellis's order denying Manafort's motion to appear in street clothes.
  3. This is the New York Times story on McGahn's departure.
  4. Click here to read the FEC data on Michael Avenatti's Fight PAC.
  5. This is the Sep. 23, 2016 Yahoo story
  6. This is the Carter Page lawsuit, which you absolutely must read.  Oh, and check out the (heavily redacted) FISA application showing that the FBI believes Page to have been the subject of targeted recruitment by the Russian government.
  7. This is the September 23, 2016 Isikoff story in Yahoo that Page believes is defamatory; we also referenced Page's trip to Moscowthe terrorism statute, 18 U.S.C. § 2332b, and, of course, the fact that Page previously sued Yahoo over this exact same story and lost.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

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Don't forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com