March 22, 2018

Listen to the Episode

From The Official Website:

In this rapid-response episode, Thomas and Andrew discuss the scandal regarding Cambridge Analytica. Is there a legal angle? Have crimes been committed? Listen and find out!

In the pre-show segment, Andrew helps out our reporters by giving theme the question they need to be asking regarding Stormy Daniels, which is: “Now that you’ve acknowledged that you’re DD, and you’ve sued Stormy Daniels for $20 million, can you tell us what claims you had against Ms. Daniels that you believe you settled in that agreement? What could you have sued her for?” You’re welcome..

That segues into the “A” segment, where the guys discuss the differences (and one strange overlap) between the recent lawsuit filed by Karen McDougal and the top-of-Yodel-Mountain Stormy Daniels lawsuit.

After the main segment, we tackle a listener question regarding the difference between textualism and originalism, inspired by our most recent episode, Episode 157.

Finally, we end with an all-new TTTBE #68 that requires some math to figure out the appropriate measure of damages for breach of contract.

Show Notes & Links

  1. This is the National Review article that actually gets Stormy’s story right.
  2. Here’s Mike Murphy’s article expressing skepticism of CA’s claims.
  3. This is the Price v. Facebook class action civil lawsuit, arising out of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. And here’s the statement from NY Attorney General Eric Schneiderman.
  4. If you wanted to set up a SuperPAC, Andrew’s old pals at Covington & Burling have drafted a simple how-to guide for you.
  5. Finally, here’s a hilarious Tweet from Peter Drice Wright that highlights a key problem with textualism.

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies






  • [00:00:00] Intro
  • [00:01:25] March Madness Bracket Update
  • [00:04:48] Mini Segment Addressing Donald Trump conceding he is DD
  • [00:11:35] Yodel Mountain: Karen McDougal v. American Media Inc Lawsuit
    • [00:17:20] Why this is Yodel Mountain worthy
    • [00:20:35] Contingency Fee Industry Standard
    • [00:29:00] Paragraph 100 of the Complaint Citing 52 U.S.C. 30118 (a)
  • [00:31:02] Commercial
  • [00:35:25] Cambridge Analytica
    • [00:37:09] Mark Zuckerberg's Statement
    • [00:42:45] Dark Ads
    • [00:47:15] Claims of Action and Price v. Facebook
    • [00:48:00] California Business & Professions Code § 17200
    • [00:53:25] Election Fraud
  • [00:58:10] Listener Questions: The Difference Between Textualism and Originalism
  • [01:03:38] Patron Hall of Fame
  • [01:06:45] Thomas Takes the Bar Exam: Breach of Contract (question)
  • [01:11:40] Outro

(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.)

Follow up

  • Episode 160: Amended complaint and motion for expedited trail