December 11, 2017


Listen to the Episode


From The Official Website:

Should you take legal advice from a viral video on YouTube?

Today’s episode is all about judges, lawyers, attorney-client privilege, and the police. We begin with the news that Supreme Court Justice Elena Kagan has recused herself in the case of Jennings v. Rodriguez; why?

After that, the guys break down a video called “Don’t Talk To The Police” and discuss some hallmarks of legal videos online.

After that, Andrew tackles Donald Trump Jr.’s assertion that whenever a lawyer enters the room, attorney-client privilege shields everything. Is that really true? (No.)
Finally, we end with the answer to Thomas Takes The Bar Exam question #53 about witness impeachment. Don’t forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Show Notes & Links

  1. This is the recusal letter sent on behalf of Justice Kagan; and here is the Code of Conduct for U.S. Judges.
  2. You can watch “Don’t Talk To The Police” video.
  3. Here’s the data on University’s fake law school.
  4. The first out-of-context quote comes from Watts v. Indiana, 338 U.S. 49 (1949).
  5. The second out-of-context quote comes from Justice Breyer’s dissent in Rubin v. U.S., a 1998 cert petition regarding the extent of executive privilege.

Law Talkin' Stuff

Earth Law
  • International treaties and laws mentioned
It's in the Constitution
  • References to the Constitution and the Amendments
Lawsplaining
  • Acts and executive orders mentioned
Law Court Thingies
  • Cases mentioned in the episode
Magic Law Words
  • Legal terms mentioned

Organizations

  • Companies/Organizations mentioned in the episode

People

  • People mentioned in the episode

References

  • In-jokes and references made

Topics

  • Topics discussed

Content

  • [00:00:00] Commercial
  • [00:00:30] Intro
  • [00:01:49] Andrew's logo reaction and preview of the episode
  • [00:03:30] Overview of upcoming episodes
  • [00:04:33] Breakin' (Down) the Law Jennings v. Rodriguez
    • [06:00] Standard of recusal
  • [14:53] Don't Talk to the Police Breakdown
    • [28:51] Watts v Indiana
    • [30:56] Rubin v US
    • [34:11] Ohio v Reiner with internal citation to Grunewald v United States
  • [43:26] Listener Questions
    • [45:27] Donald Trump Jr and attorney client privilege
    • [49:28] Refusal to answer before a House committee
  • [54:26] New Patron Tuesday
  • [55:27] Thomas Takes The Bar Exam
  • [01:08:32] Outro
  • [01:10:17] Commercial

(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)