March 29, 2018

Listen to the Episode

From The Official Website:

In this rapid-response episode, Thomas and Andrew take a look at the things Andrew Was Right about over the past few weeks (yay!) as well as the things Andrew Was Wrong about (boo!). It’s Schrödinger’s Andrew Day!

In the pre-show segment, the guys go through the scenario for all of our Opening Arguments Community March Madness potential winners. After that, it’s time for Andrew Was Right! (TM). We cover the Alex van der Zwaan sentencing memorandum and what it means for Yodel Mountain, as well as both the Amended Complaint and the Motion for Expedited Trial filed by our next Attorney General, Stormy Daniels. You won’t want to miss it!

After that, it’s time for Andrew Was Wrong (TM), in Andrew owns up to a few corrections about Watergate and revisits the emoluments lawsuit discussed way back in Episode 78. Andrew was skeptical then; has he changed his mind?

Finally, we end with an all-new TTTBE #69 that questions your knowledge of the “firefighter’s rule” and whether it protects cops who get sideswiped. Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess. We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Show Notes & Links

  1. This is the Alex van der Zwaan sentencing memorandum; he pled guilty to 18 U.S.C. § 1001. You can click here to read the Christopher Miller story suggesting that “Person A” is Konstantin Kilimnik.
  2. This is the Amended Complaint filed by Stormy Daniels; you can also read the Notice of Removal filed by EC and the Motion for Expedited Trial filed by Daniels.
  3. Stormy’s expedited trial motion is pursuant to 9 U.S.C. § 4.
  4. This is the Washington Post article on Alexander Butterfield, which is definitely worth a read.
  5. Here’s the District Court’s opinion in the emoluments litigation, which we first discussed back in Episode 78.
  6. If you want to dive more into emoluments, you can read Mississippi v. Johnson, 71 U.S. 475 (1867), or listen to our two-parter with originalist Seth Barrett Tillman: Episode 35 (Part 1) and Episode 36 (Part 2).

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






  • [00:00:00] Intro
  • [00:02:30] March Madness Update
  • [00:08:47] Yodel Mountain and Andrew was Right: Alex van der Zwaan Indictment
    • [00:12:48] Sentencing Memorandum and 18 U.S.C. 1001
  • [00:20:10] Yodel Mountain: Stormy Daniels
    • [00:20:55] Notice of Removal
    • [00:27:02] Amended Complaint
    • [00:29:10] Motion for Expedited Trial
    • [00:33:25] 9 U.S.C. 4 Federal Arbitration Act
    • [00:43:42] Implication of the 60 Minutes Interview
  • [00:46:35] Andrew Was Wrong
    • [00:47:07] Mispronounced Judge John Sirica's Name
    • [00:47:25] John Dowd and Watergate Taping System
    • [00:50:07] Maryland and D.C. Emoluments Lawsuit
  • [01:00:55] Patron Hall Of Fame
  • [01:06:01] Thomas Takes The Bar Exam: Firefighter's Rule (question)
  • [01:10:34] Outro