March 26, 2018

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From The Official Website:

Today’s episode takes our time machine back to 1972, as Richard Nixon’s Committee to Re-Elect the President (“CREEP”) planned the break-in to the Watergate Hotel Complex that set in motion the criminal conduct that led to the only time in our nation’s history when a President has resigned in disgrace. Exactly what happened? In this episode, we talk about the “Saturday Night Massacre,” and what it means today.

First, though, we examine the unintended consequences of the Republican tax bill crammed through the Senate in the waning moments of 2017. Might the bill actually prevent the major sports franchises, such as Major League Baseball, from trading players?? Listen and find out!

After the main segment, Andrew tackles a listener question regarding the “Guarantee Clause” of the Constitution. What is it, and why should you care? Listen and find out!

Finally, we end with the answer to Thomas Takes the Bar Exam Question #67 about breach of contract.
Show Notes & Links

  1. The provision of the tax code discussed in the “A” segment is 26 U.S.C. § 1031, and you can click here to read about the previous IRS opinions regarding major sports franchises and like-kind exchanges. You can also check out the New York Times article that first revealed this uncertainty.
  2. The primary cases we discussed regarding Watergate were Nixon v. Sirica, 487 F.2d 700 (D.C. Cir. 1973) and United States v. Nixon, 418 U.S. 683 (1974).
  3. The two cases analyzed in the “C” segment were Luther v. Borden, 48 U.S. 1 (1849) and dicta from New York v. United States, 505 U.S. 144 (1992).

Law Talkin' Stuff

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






  • [00:00:00] Intro
  • [00:02:15] Closed Arguments: Republican Tax Plan & Baseball
  • [00:15:45] Watergate: (Deep Dive)
    • [00:22:25] The cover-up beyond the initial crime
    • [00:25:01] Nixon's popularity and polling on impeachment
    • [00:27:45] The Nixon Tapes
    • [00:32:10] The Saturday Night Massacre
    • [00:35:12] Lyndon Johnson steals the 1938 Congressional Election
    • [00:37:37] Leon Jaworski's investigation
    • [00:40:37] Inapplicability to Trump
    • [00:44:14] The Dowd Report
    • [00:46:37] Jay Sekulow is a moron
  • [00:48:06] Listener Questions: The Guarantee Clause
  • [00:58:10] New Patron Tuesday
  • [01:00:00] Thomas Takes The Bar Exam: Breach of Contract (answer)
  • [01:05:52] Outro