June 11, 2018

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From The Official Website:

Today’s episode takes a deep dive into allegations of attorney misconduct. We begin with following investigative reporting concerning the involuntary bankruptcy of the Eagan Avenatti firm, and discover some potentially disturbing facts about the lawyer who’s currently outfoxing the bad guys at every turn, Michael Avenatti.

After that, we discuss the Supreme Court’s recent unanimous per curiam decision in Azar v. Garza, the tragic case of the young woman denied her constitutional right to an abortion and subjected to harassment and “crisis pregnancy center” anti-abortion counseling until the D.C. Circuit Court of Appeal stepped in. So… why did the Supreme Court just vacate that opinion? It (potentially) has to do with attorney misconduct. Oh, and this story also tells you everything you needed to know about price ceilings on underwear in the 1940s. (Really!)

Then, we examine the biggest example of attorney misconduct at the moment — Donald Trump’s ever-fluctuating team of lawyers defending the indefensible. Specifically, we take a look at the recently-leaked Dowd memorandum and its central claim that the President cannot obstruct justice with otherwise-legal behavior. (That’s false.)

Finally, we end the answer to Thomas Takes The Bar Exam #79 regarding the conveyance of property to a church with conditions attached.
Show Notes & Links

  1. This is the investigative piece on the Eagan Avenatti bankruptcy published by the Los Angeles Times.
  2. We last discussed Garza v. Hargan on Episode 165. You can read the Supreme Court’s opinion (now captioned Azar v. Garza) here. And if you want to read United States v. Munsingwear, Inc., 304 U.S. 36 (1950), you can do that too!
  3. Finally, if you can stomach it, here’s a link to the Dowd memo.

Law Talkin' Stuff

Law Court Thingies
Magic Law Words





  • [00:00:00] Intro
  • [00:03:12] Andrew Was Right: Michael Avenatti's involuntary bankruptcy (Thomas was right)
    • [00:09:24] Automatic Stay
    • [00:13:00] Initial transfer hearing
    • [00:18:45] Worst Case Scenario
    • [00:20:40] Additional allegations against Avenatti
  • [00:25:52] Commercial
  • [00:27:22] Main Segment: Azar v. Garza
    • [00:29:15] Office of Price Administration
    • [00:31:08] United States v. Munsingwear
    • [00:34:40] Res Judicata
    • [00:36:28] Munsingwear Doctrine
  • [00:46:49] Commercial
  • [00:48:48] Yodel Mountain Dowd memo
    • [00:52:00] Obstruction of Justice
  • [01:00:00] Pardon Power
  • [01:04:24] New Patron Tuesday
  • [01:06:25] Thomas Takes The Bar Exam: Featuring Andrew Seidel (answer)
  • [01:15:37] Outro
  • [01:17:00] Out-takes

(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.)

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