September 25, 2016

Listen to the Episode

From The Official Website:

In this episode, we delve — at long last, and just in time for the first Presidential debate — into the question of Democratic Presidential candidate Hillary Clinton’s use of a private email server during her tenure as Secretary of State.

In particular, we answer the question: “did Hillary Clinton receive preferential treatment” when the government declined to indict her on the facts determined by the FBI?

Our answer may surprise you!

In our opening segment, we tackle a follow-up question from Eric Brewer regarding legal fees, and get more practical tips from Andrew. And in our closing segment, fan favorite “Closed Argument” returns with a novel (but wrong) argument about the Third Amendment.

Show Notes & Links

  1. You can click here to read Andrew’s companion blog post setting forth more details on the cases (and supporting links).
  2. Here’s the Ars Technica on the 3rd Amendment and surveillance.

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies
Magic Law Words






  • [00:00:00] Intro
  • [00:01:59] Listener Questions: Hourly billing by lawyer
  • [00:07:08] Main Segment: Hillary's emails
    • [00:12:00] The Espionage Act
    • [00:14:28] Gross Negligence vs Extreme Carelessness (dictionary definition)
    • [00:21:30] Gross Negligence vs Negligence (past cases)
    • [00:26:10] Prosecutorial discression
    • [00:31:07] 18 USC §793e Cases
    • [00:33:37] 18 USC §793f Cases
    • [00:33:55] US v. Gonzales (1980)
    • [00:36:35] US v. Gaffney (1983)
    • [00:38:16] US v. Roller (1995)
    • [00:44:47] Vagueness Doctrine
    • [00:48:02] Live case or controversy
    • [00:48:56] Prohibitions of Atheists holding public office
    • [00:50:04] The Espionage Act guidance from the court
    • [00:50:33] Gorin v. United States (1941)
    • [00:52:38] United States v. Truong Dinh Hung (1980)
    • [00:55:14] The Espionage Act's legislative history
    • [00:57:02] The Comey decision
  • [01:05:28] Closed Arguments: Does the 3rd Amendment prohibit mass surveillance?
  • [01:10:33] Outro