August 6, 2018

Listen to the Episode

From The Official Website:

Today's episode takes an in-depth look at Donald Trump's favorite "liberal," Harvard Law professor Alan Dershowitz as seen through the eyes of one of his former students.

We begin, however, with an update from the Paul Manafort trial, taking a look at the prosecution's strategy, witness list, and some preliminary rulings by Judge Ellis.

After that, we dive very deeply into what looks like a very weird phenomenon: why is Alan Dershowitz carrying water for a President whom he ostensibly opposes? Why is he saying things that are demonstrably and indefensibly untrue about the law?
Andrew has a theory. Mostly, though, he has stories and research… but they lead to a theory (we promise)!

Finally, we end the answer to Thomas Takes The Bar Exam #87 regarding constitutional law and a state vs. the federal Confrontation Clause.

Show Notes & Links

  1. This is the article in The Hill indicating that the prosecution would, in fact, call Rick Gates; earlier, friend of the show Randall Eliason gave a bunch of reasons why they might not. Oh, and Eliason also has you covered as to why 'collusion' is, in fact, a crime.
  2. This is the laughable Fox News report on how Judge Ellis hates the prosecution; for a dose of reality, you might want to check out this other article in The Hill about how Judge Ellis chastised both sides's lawyers.
  3. If you missed it, this is our Episode 107 where we tackled [Serial.
  4. Here's the PBS retrospective on Dershowitz and the OJ trial.
  5. Our Dershowitz story on 'testilying' begins with Mapp v. Ohio, 367 U.S. 643 (1961) and the origins of the exclusionary rule; Dershowitz coined the term 'testilying' in this New York Times article from 1994.
  6. Testilying is, of course, a consistent problem today (see A, B) — but Dershowitz hasn't spoken about it since 1998 (and even then, in an entirely different context).
  7. Instead, he attacked Baltimore's decision to indict the police in the Freddie Gray case in 2015.

Law Talkin' Stuff

Law Court Thingies
Magic Law Words






  • [00:00:00] Intro
  • [00:02:55] Yodel Mountain: The government has released its witness list
    • [00:07:45] Tad Devine's email released
    • [00:12:05] Mueller's team initial focus
    • [00:14:45] 2 ways to put on a trial
    • [00:19:20] Rick Gates
    • [00:22:45] Fox News
    • [00:24:35] The Hill article
    • [00:25:55] How can Paul Manafort win? Also Alan Dershowitz
    • [00:33:05] Andrew's prediction
  • [00:35:20] Main Segment: Whatever happened to Alan Dershowitz?
    • [00:39:00] Collusion not being a crime tweet
  • [00:41:25] Commercial
    • [00:44:20] Why collusion and not conspired
    • [00:46:35] How Andrew has been influenced by Dershowitz
    • [00:49:00] Advice for the bar admissions process
    • [00:51:10] What he has said about reasonable doubt
    • [00:53:55] Mapp v. Ohio and the exclusionary rule
    • [00:56:40] Testilying and the OJ Trail
    • [01:03:30] Defending the OJ Simpson verdict
    • [01:07:25] Op-ed about Freddie Gray
  • [01:19:50] New Patron Tuesday
  • [01:20:45] Thomas Takes the Bar Exam: A state supreme court ruling over whether witnesses must face their accusers (answer)
  • [01:25:05] 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.)

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