OA388: Reinstating the Rule of Law

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By Thomas Smith and Andrew Torrez, Thomas Smith, and Andrew Torrez. Discovered by Player FM and our community — copyright is owned by the publisher, not Player FM, and audio is streamed directly from their servers. Hit the Subscribe button to track updates in Player FM, or paste the feed URL into other podcast apps.

Today's episode checks in on all the latest goings-on in the Trump administration that probably don't violate the law but do undermine the norms of 200+ years of government, from firing Inspectors General that are potentially interested in government accountability to the DOJ's refusal to turn over the unredacted Mueller Report to the House Judiciary Committee to the collusion between Bob Barr and Michael Flynn. You won't want to miss it.

We begin with some pre-show news about Cory Wilson, the latest completely insane, hyper-partisan (and 49-year-old) Trump nominee for the U.S. Court of Appeals.

From there, we take a deep dive into the Inspector General Act of 1978, 5a U.S.C. § 3, and the legal protections for IGs (or lack thereof).

After that, it's time to check in on the latest order by the Supreme Court staying the production of the unredacted Mueller Report to the House Judiciary Committee. We explain exactly what that means and when, if ever, you should start panicking.

Then, it's time for an update on the Flynn case where we're filing The Opening Arguments Amicus Brief! Also, we check in on a truly terrible Sidney Powell filing seeking mandamus from the D.C. Circuit.

After all that, it's time for a brand-new #T3BE about a man, his yacht, and insurance fraud -- in which Thomas tries to figure out if the issue is privilege, hearsay, or something else entirely.

Patreon Bonuses

Patrons can give their input on the OA Amicus Brief! And if you missed our live Q&A, you can check out the audio here!

Appearances

Andrew was just a guest on the latest episode of the Daily Beans podcast! And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Cory Wilson was rated a tepid "Qualified" by the ABA his first-go-round; that got upgraded to "mostly Well-Qualified" when he was renominated.
  2. Check out the Inspector General Act of 1978, 5a U.S.C. § 3.
  3. This is the Supreme Court order staying the production of the unredacted Mueller Report. Here's the petition for mandamus, and the opposition by the House of Representatives.
  4. We last covered the Flynn case in Episode 386. Click here to read the 4th Circuit's mandamus opinion in In re Flynn. And click here to check out the late-breaking order from the 4th Circuit requiring additional briefing from Judge Sullivan.

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-And finally, remember that you can email us at openarguments@gmail.com!

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