OA74: Sippin' #Covfefe With Trump's Severed Head

Opening Arguments

Opening Arguments Media LLC

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

4.3 • 3.7K Ratings

🗓️ 2 June 2017

⏱️ 70 minutes

🔗️ Recording | iTunes | RSS

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Summary

If it's Friday, it's a current events episode, and if it's current events, we're probably talking about Donald Trump. We begin, however, with a hopefully infrequent segment about stuff Andrew gets wrong. In this case, patron Sean Keehan corrects Andrew's numbers regarding Congressional votes. After that, we answer the actual legal question behind #covfefe -- namely, whether Donald Trump can delete his Tweets. The answer... might surprise you! In our main segment, we look at the ongoing Senate investigation regarding Trump's ties with Russia and break down the Congress's power to conduct investigations and issue subpoenas, and the reasons people can give for failing to comply with them. After that, fan favorite Breakin' Down the Law returns with the question on everyone's lips: is it legal for Kathy Griffin to have posed with Donald Trump's severed head? Finally, we end with a brand new (and tricky) Thomas Takes the Bar Exam question #25 about the admissibility of a composite sketch after the primary witness has unexpectedly died. 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: None! Have us on your show! Show Notes & Links

Andrew first made the erroneous claim regarding voting results in Episode #54 on Gerrymandering, and repeated it in Episode #72. Oops.
The Presidential Records Act can be found at 44 U.S.C. § 2201 et seq.
The case establishing the inherent power of the Congress to issue investigations dating back to the McCarthy era is Wilkinson v. U.S., 365 U.S. 399 (1961).
Finally, the landmark case establishing the applicable standard of "imminent incitement to lawless action" is Brandenburg v. Ohio, 395 U.S. 444 (1969).

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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, a 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.
1:18.0	Hello and welcome to Opening Arguments. This is episode number 74.
1:22.0	Coming at you, nice and alive and fast with that same day record.
1:25.0	I'm super excited about that. How are you doing, Andrew?
1:28.0	I am great. I love our new more responsive schedule and that is really thanks to,
1:34.0	it's a, like I said, I keep saying this, it's a little bit more work for me and it is a lot more work for you.
1:39.0	And we've got me some help.
1:42.0	Yeah, yeah, it's looking good. We're testing out having someone edit and I'm excited because, you know, I've got a baby on the way
1:50.0	and a wrist injury that will not go away. No jokes. That's from editing and I want to hear it.
1:56.0	I hope that's going to be pretty good.
1:58.0	But that's a real, you know, I mean, one of the things we talk about with Patreon is, you know,
2:02.0	the ability for us to hire an editor. Do we want to give him a shout out?
2:05.0	Yeah, special shout out to Brian. He's going to edit this episode and the next episode and I think it's going to work out.
	...

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