OA833: Trump Demands New NY Trial Because Liz Is Mean Online

Opening Arguments

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4.3 • 3.7K Ratings

🗓️ 17 November 2023

⏱️ 61 minutes

🔗️ Recording | iTunes | RSS

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Summary

Liz and Andrew break down the very real question of free speech versus a fair trial when viewed through the lens of (1) Donald Trump's motion for a mistrial in New York and (2) Trump's argument against the gag order to the DC Circuit. Come for the 1966 history, stay for hearing how Trump is going to lose!

Oh, and our Liz Dye might have played a role in the whole mistrial thing....

Notes
Trump NY motion mistrial

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=N0PX1FMtdplL/b5Oq9DwXg==

Trump DC Cir Brief

https://storage.courtlistener.com/recap/gov.uscourts.cadc.40232/gov.uscourts.cadc.40232.1208569217.0_1.pdf

Trump gag order DC

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.105.0_2.pdf

DOJ DC Cir Brief

https://storage.courtlistener.com/recap/gov.uscourts.cadc.40232/gov.uscourts.cadc.40232.1208570955.0_4.pdf

DC Local Rules

https://www.dcd.uscourts.gov/sites/dcd/files/local_rules/Local%20Rules%20April_2023%282%29.pdf

Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991)

https://scholar.google.com/scholar_case?case=12991687764638238096

FRCP 26

https://www.law.cornell.edu/rules/frcp/rule_26

NYS Crim Pro 280.10

https://ypdcrime.com/cpl/article280.php

Wheatley School alumni memo

http://www.wheatleyalumni.org/BlogPost/Blogpost-20220911-78.html

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Transcript

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0:00.0	So would you say you got a better shot of them going in and not so much coming out?
0:08.0	You could say that?
0:10.0	I did say that would you say that
0:19.0	Chester and I paid for his lawyer's condo in Aspen and my lawyer's condo in Maui they're very happy they're going to trade once a year
0:22.0	I would love to sue them.
0:24.0	Only it would mean hiring another lawyer.
0:27.0	Meanwhile at the Hall of Justice,
0:32.0	the Superbrand Schenge.
0:33.4	Welcome to opening arguments, the podcast that breaks down the law behind all the news stories
0:38.5	you care about.
0:40.3	This podcast is sponsored by the law offices of P. Andrew Torres, LLC for entertainment purposes, is not intended as legal advice, and does not form an attorney-client relationship.
0:52.0	Don't take legal advice from a podcast.
0:57.0	Hey everybody, I'm Andrew Torres. With me is Liz Die, this is opening arguments,
1:02.7	episode 833.
1:04.4	I am not going to ask you how you're doing, Liz,
1:06.6	because I want to preserve every second of your voice
1:11.0	for this show. I've been better. Let's say that I did post in the slack this afternoon. I think we have to record now because I think if we wait three hours until we scheduled this it's not going to happen.
1:26.7	There'll be no show.
1:27.6	So we are going to talk about two of Trump's trials, you know, and that's going to be in support of a much larger theme for
1:36.2	this show and that is what does it mean to get a fair trial, right?
1:40.3	How do we balance the First Amendment against the rights of the defendant or you know the concept of fairness generally and I just want to emphasize that like look you know
1:50.0	It's pretty clear where you and I come out on Donald Trump here but these are
	...

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