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Opening Arguments

OA245: More on Barr and the Shutdown

Opening Arguments

Opening Arguments Media LLC

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

4.33.7K Ratings

🗓️ 18 January 2019

⏱️ 83 minutes

🧾️ Download transcript

Summary

Today's episode covers the William Barr confirmation hearings before the Senate Judiciary Committee to become the next Attorney General, as well as the ongoing legal battles regarding Trump’s shutdown of the government.

We begin with Barr, who’s proven to be a complex individual.  How did he fare in his testimony before the Senate?  Are there reasons for optimism? Is his notorious memorandum (which we covered in Episode 237) not really that bad?  The answers… are all over the map, and will certainly surprise you.

Then, we discuss the ongoing shutdown, which looks to prove Andrew Wrong by not ending tomorrow.  What are the legal implications?  How are they going to be resolved?  Is there any hope, either politically or legally?  Listen and find out!

Finally, it's time for Thomas Takes The Bar Exam #110 which involves a dentist being sued for malpractice and product liability.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

Andrew was just a guest on Episode 138 of the Naked Mormonism podcast.  Give it a listen!  And 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. Kamala Harris' statements regarding her opposition to Barr's nomination.
2. Former Justice Department official of the George H.W. Bush administration Zachary Terwiliger and the speculation that he will once again be Barr's deputy.
3. Barr’s concerning views on executive power and reasons he has drawn so much criticism.
4. We discuss our past Episode OA 237: Lowering the Barr (Memo)
5. Jonathan Turley, GWU Law professor and gadfly, arguing about Barr
7. Jack Goldsmith, HLS professor, has written a response.  “A Qualified Defense of the Barr Memo: Part I”
8. The 1995 OLC memo: Application of 28 U.S.C. § 458 to Presidential Appointments of Federal Judges
9. 28 U.S.C. § 458: Relative of Justice or Judge Ineligible to Appointment
10. Marist polling data on the Shutdown
11. NTEU v. Mulvaney
12. Barr's written testimony

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

And email us at openarguments@gmail.com

 

Transcript

Click on a timestamp to play from that location

0:00.0

The first refugee ever elected to Congress.

0:07.0

The machinery of democracy should work for everyone everywhere, not just in certain places

0:25.5

and not just on a certain day.

0:30.5

Power sees nothing without a demand.

0:32.5

It never has and it never will.

0:34.5

We still have to be willing to show up every single day and demand our seat at the table.

0:42.5

So f**king proud of you guys!

0:48.5

Welcome to Opening Arguments, the podcast that pairs an inquisitive interviewer with a real-life lawyer.

0:59.5

This podcast is sponsored by the Law Offices of P.A.

1:02.5

Antitoura's LLC for Entertainment purposes is not intended as legal advice and does not form an attorney-client relationship.

1:08.5

Don't take legal advice from a podcast.

1:18.5

Hello and welcome to Opening Arguments.

1:19.5

This is episode 245.

1:21.5

I'm your host Thomas Smith.

1:22.5

That over there is Andrew Torres.

1:23.5

How you doing, sir?

1:24.5

I am fantastic.

1:26.5

Thomas, how are you?

1:27.5

I'm doing well.

1:28.5

I am so happy.

1:30.5

We're finally coming at you.

1:32.5

The listeners won't care, but Brian might care since we just spent like 30.

...

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