August 31, 2017

Listen to the episode

From the official website:

This week’s “breaking news” episode covers two of the biggest Trump stories right now: the ban on trans soldiers in the military, and the President’s pardon of Sheriff Joe Arpaio.

First, though, we begin with the seldom-necessary “Andrew Was Wrong” segment. The less said about this, the better.

In the main segment, Andrew walks us through President Trump’s directive to the Departments of Defense and Homeland Security regarding transgender servicemembers, as well as the lawsuit filed by the ACLU challenging the directive.

Next, Breakin’ Down the Law continues with everything you wanted to know about the Joe Arpaio pardon. Is it legal? Does it make him civilly liable? Does it erase his prior convictions? Can he now be forced to testify? Listen and find out.

Finally, we end with an all-new Thomas Takes the Bar Exam Question #39 about the admissibility of a criminal defendant’s prior statement. Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess. We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Show Notes & Links

  1. Here is a link to the Trump memorandum directing the Departments of Defense and Homeland Security regarding trans servicemembers.
  2. This is the lawsuit filed by the ACLU challenging that directive.
  3. Here is the Martin Redish New York Times [ article initially entitled “Why Trump Can’t Pardon Arpaio.”
  4. This is a paper by Stephen Greenspan, Ph.D., listing posthumous pardons that I used for research in this epsiode.

Law Talkin' Stuff

Law Court Thingies
Magic Law Words





  • [00:00:00] Intro
  • [00:03:55] Andrew Was Wrong
    • [00:04:34] It's page 3 girls, not page 6 girls
    • [00:05:33] Disambiguation: Donald Trump did not write Donald Trump Jr's response to the Russians, but to claims he'd met with the Russians
    • [00:06:29] University of Texas is UT, not UT Austin and the top 10% was changed to the top 7% rule. (The Supreme Court got it wrong)
    • [00:07:44] Data Analyst and Software Engineers are different occupations
    • [00:08:29] "The bar" is a wooden bar separating the attorneys from the public in the court (possibly)
  • [00:10:35] Main Segment The memorandum on military service by transgender individuals. James Mattis isn't defying Trump. Complaints addressing Equal protection clause, vagueness, immediate impact, alleged harm, medical care on an equal basis. Rulings that the military is separate and a very different kind of society
  • [00:34:25] Breakin' (Down) The Law The Joe Arpaio pardon
  • [00:56:26] Patron Hall of Fame
  • [00:59:30] Thomas Takes The Bar Exam Question: Admissibility of a statement
  • [01:04:55] Outro

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