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Opening Arguments

OA261: Sentencing Paul Manafort

Opening Arguments

Opening Arguments Media LLC

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

4.3 • 3.7K Ratings

šŸ—“ļø 15 March 2019

ā±ļø 94 minutes

šŸ§¾ļø Download transcript

Summary

Today's extra-long episode contains your guide to all of the developments involving Paul Manafort over the past week.Ā  What does it all mean and what can we expect next?Ā  Listen and find out!

We begin, however, with a brief update on Episode 247 now that the Department of Defense has issued a Directive-Type Memorandum (DTM 19-004) implementing the ban on transgender service in the military.Ā  With the help of some friends of the show, we break down the most pressing issues on the near horizon.

Then, it's time for All Things Manafort (TM), which sneakily includes a deep dive into exactly how the U.S. Federal Sentencing Guidelines came into effect, when they were mandatory, how they became advisory, and what the hell happened in the Eastern District of Virginia.

But that's not all!Ā  After that, we have a discussion on when sentences should run consecutively versus concurrently, and how that interacts with Judge Amy Berman Jackson's sentencing decision in Manafort's DC case.

AND we also have breaking news regarding newĀ state charges brought against Manafort as soon as both federal sentences were handed down.

And if that's not enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #118 that's a dreaded real property question.Ā  As always, remember to follow our Twitter feed (@Openargs) and like ourĀ Facebook PageĀ so that you too can play along with #TTTBE!

Appearances
None!Ā  If you'd like to haveĀ either of us as a guest on your show, drop us an email atĀ openarguments@gmail.com.

Show Notes & Links

  1. First discussed trans ban back inĀ Episode OA: 247
  2. We were assisted by Alice Ashton – trans Arabic linguist who contributed to the Advocate article located hereĀ and by Deirdre Anne Hendrick.
  3. Here is a linkĀ to Directive-Type Memorandum (DTM) 19-004.
  4. This is the Feb. 22, 2018 Mattis directive.
  5. Here are theĀ DSM-5 guidelinesĀ on gender dysphoria
  6. We first discussed the Sentencing Guidelines inĀ Episode OA: 162.
  7. The accompanying statute is 18 U.S.C. §3553.
  8. For a primer on ā€œvariancesā€ versus downward departures, check out theĀ Sentencing Commission guidelines.
  9. Judge Ellis transcript can be found here.
  10. Concurrent/consecutive is governed by 18 U.S.C. § 3554.
  11. Manafort’s NY StateĀ indictment involves Residential Mortgage Fraud 1st degree (4 counts) under Penal Law § 187.25 and Falsifying Business Records 1st Degree (8 counts) under §175.10.
  12. We discussed Gamble v. U.S. in EpisodeĀ Episode OA: 215.

Support us on Patreon at: Ā patreon.com/law

Follow us on Twitter: Ā @Openargs

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Don't forget the OA Facebook Community!

For show-related questions, check out theĀ Opening Arguments Wiki, which now has its own Twitter feed!Ā  @oawiki

And email us at openarguments@gmail.com

Ā 

Transcript

Click on a timestamp to play from that location

0:00.0

We find a defendant incredibly guilty.

0:19.8

I found his ultimate chicken sandwich on Brio's bon-to-be guilty of being delicious.

0:31.0

What section of the Constitution has been breached?

0:34.0

There is no one section.

0:37.0

It's just the vibe of the thing.

0:45.0

Objection, Your Honor.

0:46.0

What?

0:47.0

He's leading the witness.

0:48.0

To save.

0:49.0

And break our boat's lawyers.

0:55.0

Welcome to Opening Arguments,

0:56.0

the podcast that pairs an inquisitive interviewer with a real-life lawyer.

0:59.0

This podcast is sponsored by the Law Offices of P. Andrew Torres,

1:03.0

LLC for Entertainment purposes, is not intended as legal advice,

1:06.0

and does not form an attorney-client relationship.

1:09.0

Don't take legal advice from a podcast.

1:18.0

Hello and welcome to Opening Arguments.

1:20.0

This is episode 261.

1:22.0

I'm your host, Thomas Smith.

1:23.0

That over there is Andrew Torres.

1:25.0

And for religious reasons, I refuse to recognize the time difference.

1:28.0

So I've recorded all my stuff in hour.

...

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