OA136: Chevron Deference Has Consequences -- Particularly For Paul Manafort!

Opening Arguments

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Atheist, Law, Politics, News, Harvard, Supremecourt, Legal, Opinion, Liberal

4.3 • 3.7K Ratings

🗓️ 5 January 2018

⏱️ 63 minutes

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Summary

Today's episode tackles the recent lawsuit filed by Paul Manafort against the Department of Justice, Asst. AG Rod Rosenstein, and Robert Mueller. First, we share some insights from our listeners about our recent deep dive into cryptocurrency, and promise a return visit Real Soon Now. After that, we take a deep dive into Chevron deference, Neil Gorsuch's mommy, and the legal landscape set more than 30 years ago... and why that's all come under fire by one Paul S. Manafort. It's an extra-long, double-length segment but we think you'll love it! Finally, we end with an all-new Thomas (and Yvette!) Take the Bar Exam Question #57 about a wanderer stuck in a snowstorm who breaks into a cabin... look, you'll just have to listen, okay? Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess. We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None! Have us on your show! Show Notes & Links

We first discussed cryptocurrency in OA 134.
You should read the Manafort lawsuit, and then to understand it, try and tackle Chevron U.S.A., Inc. v. Natural Resource Defense Council, 467 U.S. 837 (1984).
We started warning you about Neil Gorsuch way back in Epsiode 40. We were right. The case in which he salivates about overturning Chevron deference is Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (2016).
Count I of the complaint arises under the Administrative Procedure Act, 5 U.S.C. § 701 et seq. Count II arises under the Declaratory Judgments Act, 28 U.S.C. § 2201.
This is Rod Rosenstein's Order appointing Mueller, No. 3915-2017, and this is 28 U.S.C. § 515, which plainly authorizes it.
Finally, you can read Morrison v. Olson, 487 U.S. 654 (1988) and also laugh at the fantastic what-if comic about Ted Olson.

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Transcript

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0:00.0	I declare bankruptcy!
0:20.0	I congratulate you on your imagination, but this is a court of space law not a theater.
0:25.0	The tax meant this in San Diego, Calpam etc.
0:33.0	Memo, this punitor, Debra Cattam is all there, black and white, clear as crystal.
0:43.0	How is this a fair trial? Our lawyer is a mordie.
0:46.0	It's not fair, you have no rights and he's not a lawyer.
0:48.0	We just keep him here because he's fun. Look at him go.
0:55.0	Welcome to Opening Arguments, the podcast that pairs an inquisitive interviewer with a real-life lawyer.
1:00.0	This podcast is sponsored by the Law Offices of P. Andrew Torres, LLC for Entertainment purposes,
1:05.0	is not intended as legal advice and does not form an attorney-client relationship.
1:09.0	Don't take legal advice from a podcast.
1:17.0	Hello and welcome to Opening Arguments. This is episode 136.
1:21.0	I'm your host Thomas Smith, that over there is your other host, Andrew Torres. How are you doing?
1:26.0	I'm great. I'm reeling from the comments on our fantasy draft episodes. Some people really loved it. Some people not so much.
1:36.0	I think I hope that our listeners appreciated the spirit of fun that we had at the holidays
1:47.0	and hopefully you see today and the next couple of weeks we've got planned.
1:54.0	We've got classic OA for you. Don't worry, this isn't going to become a political pun to treat podcast.
2:01.0	Sorry, it's all drafts all the time.
2:04.0	Every episode of the episode.
2:06.0	We're introducing a new segment where we track all the point.
2:09.0	Now we're drafting Wisconsin local election. It was just every single episode now.
2:16.0	I think this could be a gold mine of a podcast. Let's talk about that one.
	...

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