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.

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What Next | Daily News and Analysis - Does Corruption Matter?

When it comes to the people we vote for, how corrupt is too corrupt? With Herb Jackson, Washington correspondent for USA Today and The Record. We take a whirlwind tour of the U.S. politicians hitting the campaign trail with a dark cloud hanging over their heads. We land in New Jersey, where Senate Democrats suddenly have to worry about a tighter race. The reason? Their incumbent, Bob Menendez, narrowly escaped corruption charges last year.

We’ll be piloting What Next in public for the next several weeks. Tell us what you think: whatnext@slate.com.  Follow us on Instagram for updates on the show, our weekend reading lists, and occasional posts about pita chips.

Podcast production by Mary Wilson and Jayson De Leon. Engineering by Terence Bernardo. 

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The Gist - Et Tu, NBC?

On The Gist, Georgia’s exact match law is an extra hurdle for those with hyphenated last names, which, let us speculate, may be more common among black Americans.

In the interview, CNBC contributor Ron Insana on Dow drops, market swings, and the uncertain rise of the job-stealing robots.

In the Spiel, Megyn Kelly’s reportedly been fired for her latest faux pas. What did NBC expect when they hired her?

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CoinDesk Podcast Network - Bitmain’s IPO Woes

  • Parties solicited to invest in the pre-initial public offering (IPO) funding round for Bitmain Technologies, Ltd., the leading maker of cryptocurrency mining software and hardware, received pitch decks falsely suggesting the company had secured financial backing from Digital Sky Technologies Global and GIC Private Limited.
  • One of the oldest software wallet providers in the cryptocurrency industry is launching its first hardware product. Announced Thursday, Blockchain has partnered with hardware wallet maker Ledger and started taking orders for a new handheld device called Lockbox. The first batch of shipments will go out in November.
  • Distributed ledger tech startup Ripple saw revenue from the sale of the digital asset XRP more than double this past quarter compared to the second quarter of 2018.
  • The U.K. Royal Mint has suspended a long-running plan to create a crypto asset representing physical gold holdings.
  • Deutsche Bundesbank, Germany's central bank, and Deutsche Börse, owner of the Frankfurt Stock Exchange, have completed a blockchain trial investigating the technology's potential in securities settlement.


Late Confirmation is a CoinDesk production.

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Bay Curious - Ghost of a Legend: How a San Francisco Civil Rights Icon Was Made a Monster

One of San Francisco's purported “ghosts,” has a remarkable real-life story often left out of San Francisco's history books.


Reported by Carly Severn. Bay Curious is made by Olivia Allen-Price, Jessica Placzek, Paul Lancour, Ryan Levi and Suzie Racho. Additional support from Julie Caine, Ethan Lindsey, Katie McMurran and David Weir. Theme music by Pat Mesiti-Miller. Ask us a question or sign up for our newsletter at BayCurious.org. Follow Olivia Allen-Price on Twitter @oallenprice.

The NewsWorthy - Pipe Bombs, New Flu Treatment & Uber Eats Secret (+ the story of Rae Carruth) – Thursday, October 25th, 2018

The news to know for Thursday, October 25th, 2018!

Today, we're talking about the FBI's "highest priority" case, a different way to fight climate change and a new flu treatment. Plus: an Uber Eats secret.

Those stories and many more in less than 10 minutes.

Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you. 

Head to www.theNewsWorthy.com to read more about all the stories and topics mentioned in today's episode. Find today's date under the section titled 'Episodes.'

Also, hang out after the news for "Thing to Know Thursday." This week's bonus interview is with Scott Fowler. He's the sports columnist for the Charlotte Observer who has covered every twist and turn of ex-NFL player Rae Carruth's story -- from the wide receiver being drafted by the Carolina Panthers in 1997 to his release from prison this week.  For the past year, Fowler conducted dozens of exclusive interviews with the families, friends, lawyers, investigators, and even the killer behind the most notorious crime in Charlotte history. The new podcast Carruth reveals the true story of the crime that shocked the sports world.

Fowler has won more than a dozen national awards for his sportswriting and is also the author of eight books.

 

Today's episode is brought to you by Crickstart.com Use the promo code NEWSWORTHY for 20% off. 

 

The Daily Signal - #325: A Widow Explains Why Her Husband, Diagnosed With Terminal Cancer, Opposed Assisted Suicide

One out of four deaths in America are from cancer, and every year, over half a million of our citizens lose their battle with cancer. Terminal illness has provoked a debate over assisted suicide: whether it should be allowed, and what it means to truly protect human dignity. We speak to Kristen Hanson, who lost her husband, J.J., to brain cancer last year. Plus: College students were so upset over the 2016 election results a considerable portion are at risk for developing PTSD. We also cover these stories:--Saudi Crown Prince Mohammed bin Salman said journalist Jamal Khashoggi’s killing was a “heinous crime that cannot be justified.”--The Trump administration is taking more action to curb the opioid epidemic. President Trump discussed the crisis Wednesday, and signed related legislation.--The University of Illinois at Urbana-Champaign is launching a new course titled “Trumpaganda: The war on facts, press and democracy.”The Daily Signal podcast is available on Ricochet, iTunes, SoundCloud, Google Play, or Stitcher. All of our podcasts can be found at DailySignal.com/podcasts. If you like what you hear, please leave a review. You can also leave us a message at 202-608-6205 or write us at letters@dailysignal.com. Enjoy the show!

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