May 10, 2018

Listen to OA #172

From The Official Website:

It’s time for another SUPER-SIZED Rapid Response Friday, which means we get to break down Judge Ellis’s statements in the Paul Manafort criminal trial (amongst many, many other issues)!

We begin, however, with a brief Andrew (well, mostly ABC and NBC) Was Wrong.

After that, the guys discuss a recent 10th Circuit opinion regarding the treatment of detainees in private prisons. What does it mean for the future of class action litigation? Listen and find out!

After that, it’s back to Yodel Mountain, where we break down not only Judge Ellis, but all the developments in or connected to the Mueller investigation, including Michael Flynn and Michael Cohen’s “follow the money” report. Phew!

Finally, we end with an all new Thomas Takes The Bar Exam #75 about a contract and a subsequent oral modification that Andrew admits he would have muffed. If you’d like to play along and show Andrew you’re the better lawyer, just retweet our episode on Twitter or share 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. Here’s the link to a a Washington Times story covering the correction regarding Michael Cohen’s supposed “wiretap” (that turned out to be a pen register).
  2. The case we discussed in the main segment was Menocal v. GEO Group (10th Cir., Feb. 9, 2018).
  3. Click here to read the 2016 Obama directive on ending privatized prisons, or (if you’re a masochist) here to read the 2017 Trump directive rescinding it.
  4. If you only read one thing from this show, please do read the transcript of the May 4 hearing before Judge Ellis. It’s great. I love this guy.
  5. The opposition to Michael Avenatti’s pro hac vice motion is here; it also contains the “Executive Summary” laying out Avenatti’s “follow the money.” If you prefer to see it in chart form, click here (H/T Washington Post).
  6. The TPM article suggesting that Avenatti must have had access to SARs is here.
  7. To understand bribery, we highly recommend this primer by Randall Eliason.

Law Talkin' Stuff

Law Court Thingies
Magic Law Words




  • [00:00:00] Intro
  • [00:06:18] Andrew Was Wrong: Reporting of Wiretapping claims (From OA #171)
  • [00:08:17] Main Segment: Private prisons, Menocal v. GEO Group. Changes to class action
  • [00:40:23] Yodel Mountain:
    • [00:41:00] (Breaking News) Rudy Giuliani resigns from his law firm
    • [00:41:27] Barbara Jones has no conflict of interest
    • [00:43:00] Andrew loves Judge Ellis (and misreporting Mueller investigation)
    • [00:59:40] Bribery allegations. Project Sunlight. SAR Reports
  • [01:14:40] Patron Hall of Fame.
  • [01:18:17] Thomas Takes The Bar Exam question: Oral modification of a contract
  • [01:21:50] Outro

Follow up

  • Michael Avenatti's pro hac vice application is further covered in episodes #174, #176 and #178.