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May 24, 2018

Listen to the Episode

From The Official Website:

It’s time for another Rapid Response Friday, which means we get to break down whether Donald Trump has to respond to the Summer Zervos defamation lawsuit. (Hint: yes)

We begin, however, with a potential Stormy Setback. What’s the deal with press reports of a $10 million judgment entered against Stormy Daniels’ attorney, Michael Avenatti? Could it jeopardize the pending litigation? Listen and find out!

After that, we break down the recent federal district court opinion in Knight First Amendment Institute v. Trump, which we covered when the case was first filed way back in Episode 77. Are Donald Trump’s Tweets really a “protected forum” to which the First Amendment applies? Listen and find out!

Then, we break down exactly how duplicitious Donald Trump’s personal lawyer has been regarding the Summer Zervos lawsuit. It’s exactly as much as you’d expect!

Finally, we end with an all new Thomas Takes The Bar Exam #77 regarding the constitutional requirement to a trial by jury. If you’d like to play along with our new Patreon perk, 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. We discussed Michael Avenatti’s pro hac vice motion in Episode 174; you can also read the LA Times article about the bankruptcy judgment, as well as check out both the Avenatti involuntary bankruptcy petition and the Avenatti creditors list.
  2. We analyzed several cases, the most hilarious of which is Kohlmayer v. AMTRAK, 124 F.Supp.2d 877 (D.N.J. 2000).
  3. Trump’s Tweets were first discussed in Episode 77, along with the Davison v. Loudon County decision.
  4. You should read the Knight First Amendment Institute v. Trump decision.
  5. This is the Supreme Court’s decision in Clinton v. Jones, 520 U.S. 681 (1997), and if you want to read Marc Kasowitz’s deliberately misleading statements yourself, you can do so here.

Law Talkin' Stuff

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

People

References

Topics


Content

  • [00:00:00] Commercial
  • [00:00:20] Intro
  • [00:02:27] Stormy Update - Michael Avenatti's pro-hac vice
  • [00:28:04] Trump Tweets - Andrew Was Right (Update from episode 77)
  • [00:44:35] Commercial
  • [00:47:31] Yodel Mountain: Summer Zervos's defamation suit against Donald J Trump
    • [01:03:15] Developing yodel goodness (close associates of Michael Cohen and Paul Manafort have flipped)
  • [01:06:27] Patron Hall of Fame
  • [01:11:49] Thomas Takes The Bar Exam question: Non-unanimous fewer than 12 member jury
  • [01:16:16] 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 178 further covers Michael Avenatti's pro hac vice application
  • Episode 181 further covers Michael Avenatti's involuntary bankruptcy