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Opening Arguments

OA198: What Is Alan Dershowitz Thinking?

Opening Arguments

Opening Arguments Media LLC

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

4.33.7K Ratings

🗓️ 7 August 2018

⏱️ 88 minutes

🧾️ Download transcript

Summary

Today's episode takes an in-depth look at Donald Trump's favorite "liberal," Harvard Law professor Alan Dershowitz as seen through the eyes of one of his former students. We begin, however, with an update from the Paul Manafort trial, taking a look at the prosecution's strategy, witness list, and some preliminary rulings by Judge Ellis. After that, we dive very deeply into what looks like a very weird phenomenon:  why is Alan Dershowitz carrying water for a President whom he ostensibly opposes?  Why is he saying things that are demonstrably and indefensibly untrue about the law? Andrew has a theory.  Mostly, though, he has stories and research... but they lead to a theory (we promise)! Finally, we end the answer to Thomas Takes The Bar Exam #87 regarding constitutional law and a state vs. the federal Confrontation Clause.  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 article in The Hill indicating that the prosecution would, in fact, call Rick Gates; earlier, friend of the show Randall Eliason gave a bunch of reasons why they might not.  Oh, and Eliason also has you covered as to why 'collusion' is, in fact, a crime.
  2. This is the laughable Fox News report on how Judge Ellis hates the prosecution; for a dose of reality, you might want to check out this other article in The Hill about how Judge Ellis chastised both sides's lawyers.
  3. If you missed it, this is our Episode 107 where we tackled Serial.
  4. Here's the PBS retrospective on Dershowitz and the OJ trial.
  5. Our Dershowitz story on 'testilying' begins with Mapp v. Ohio, 367 U.S. 643 (1961) and the origins of the exclusionary rule; Dershowitz coined the term 'testilying' in this New York Times article from 1994.
  6. Testilying is, of course, a consistent problem today (see A, B) -- but Dershowitz hasn't spoken about it since 1998 (and even then, in an entirely different context).
  7. Instead, he attacked Baltimore's decision to indict the police in the Freddie Gray case in 2015.
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Transcript

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0:00.0

He thought I was going to read me my rights.

0:04.3

You have the right to have your face kicked him by me.

0:06.3

You have the right to have your balls stunted by him.

0:08.4

I'll wait where I'm at.

0:18.6

They're pretty simple.

0:19.8

The forms are all standard, boilerplate.

0:21.8

OK, well, we're all hungry.

0:23.0

We're going to get to our hot plate soon enough.

0:24.5

All right, let's talk about the contract here.

0:26.7

Sorry.

0:31.0

You'd be surprised how many doors a letter from a lawyer

0:34.2

can open or close.

0:36.1

It seems like you're talking slower

0:37.7

since you started charging by the hour.

0:44.6

What's the meaning of this?

0:45.4

This is my quiet time.

0:46.4

We're going to have to take you into custody.

0:48.4

That's outrageous.

0:49.2

What am I charged with?

0:50.0

Don't have to tell you anymore.

0:51.3

Clearly haven't been reading your Scalia.

0:55.0

Welcome to opening arguments, the podcast

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