OA68: Did Aaron Hernandez Cash In By Committing Suicide? (w/guest Chris Kristofco)

Opening Arguments

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4.3 • 3.7K Ratings

🗓️ 12 May 2017

⏱️ 59 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this episode, the guys tackle a recent Internet meme regarding convicted murderer Aaron Hernandez's suicide with help from NFL expert and friend of the show Chris Kristofco of the Titletown Sound podcast. First, though, Andrew tackles a question from listener Joel Forman who asks whether Andrew can help secure him a "letter of marque." What is a letter of marque and why does Joel want one? Listen and find out! In the main segment, the guys break down the law regarding Aaron Hernandez's suicide. Does it really vacate Hernandez's conviction for murder? Are the Patriots really on the hook for $6 million? Is it all a big conspiracy? We tell the hard truths. After that, Andrew answers a question from Hall of Fame patron R.J. Rautio about an obscure procedural quirk in the confirmation of Supreme Court Justice Neil Gorsuch. Does this mean President Elizabeth Warren can kick Gorsuch off the Court in 2020?? Finally, we end with a brand new Thomas Takes the Bar Exam question #23 about a breach of contract lawsuit for stealing your personal information. Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show. Don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Recent Appearances: Andrew was recently a guest on Episode #116 of the Gaytheist Manifesto. Go check it out! Show Notes & Links

Check out Chris Kristofco's fabulous podcast, Titletown Sound.
This is the hilarious (and serious!) article from the Federalist Society's web page on bringing back letters of marque. No, seriously: a real person wrote this, unironically.
This is the case of U.S. v. Pogue, 19 F.3d 663 (D.C. Cir. 1994), the case Andrew discusses on the "abatement" rule during the main segment.
And here is just one example of sports media claiming that abatement puts the Patriots back on the hook for Hernandez's salary.

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Transcript

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0:00.0	Ladies and gentlemen of the jury, I'm just a caveman.
0:19.8	Due to habeas corpus, you and Miss Bonifante had a common law marriage.
0:31.0	So you don't work on a contingency basis?
0:33.0	No, money down! Oops, shouldn't have this bar association logo here either.
0:45.0	Would you please point at that robot over there?
0:51.0	No further questions?
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 number 68.
1:21.0	I'm your host Thomas Smith, that over there is host Andrew Torres. How you doing, Mr. Torres?
1:26.0	I am outstanding, Thomas, how are you?
1:28.0	Doing great. It's a good week of lawing here at Opening Arguments.
1:33.0	Excited to get to this episode. I love the last one. I love them all, but boy, I'm riding that high of,
1:40.0	I guess, shot and Freud in Trump's executive orders being so terrible.
1:45.0	So we'll see. We'll see where that goes.
1:48.0	All right, let's get to our first listener question of the day.
1:51.0	He who questions training, only trains himself at asking questions.
1:57.0	What?
1:58.0	Joel Forman asks, Article 1, Section 8 of the US Constitution, grants Congress the authority to issue a letter of Mark,
2:08.0	that's M-A-R-Q-U-E. I would like to hire you, Andrew. Oh, here we go, to help me acquire one.
	...

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