September 24, 2018

Listen to the Episode

From The Official Website:

Today’s episode is that rare Rapid Response Tuesday, necessitated by the persistent rumors that Donald Trump is about to fire Deputy Attorney General Rod Rosenstein. Is it true? How bad are things if it is? And who is this mysterious G. Zachary Terwilliger? You’ll have to listen to know for sure!

We begin by examining the New York Times reporting that predicated the efforts to force out Rosenstein. Listen and you’ll learn why is Andrew confident that these reports are false — and get a rare “Randall Was Right” segment to boot!

After that, we look to the statutory line of succession if Rosenstein is indeed fired, and we wind up at Noel Francisco and… Sideshow Zach? How did THAT happen? Bonus: Is Francisco a Trump hack? All signs point to…

Then, we look to the statutory protections for Mueller even if Rosenstein is fired. Will the entire Russia investigation be fed into a Fargo/Deadpool 2-style woodchipper?

And, if all that wasn’t enough, we also have a mini-deep dive into the Federal Vacancies Reform Act, 5 U.S.C. § 3345 et seq. Does it matter if Rosenstein was fired or if he resigned?

Finally, we end — at long last! — with Thomas Takes the Bar Exam Question #94 regarding the Forest Service’s new rules.

Show Notes & Links

  1. This is the first New York Times hit piece on Rosenstein from Friday, 9/21, and this is the follow-up suggesting he would “resign.”
  2. You can, of course, read the 25th Amendment’s Section 4 for yourself; you’ll quickly ascertain that it is, in fact, a ‘clown horn’ argument.
  3. The 28 U.S.C. § 508 sets forth the statutory line of succession for the DOJ.
  4. Here’s the initial Senate confirmation vote on Francisco. You can also read his “oopsie” letter to the Supreme Court below: Link to Image
  5. This is the Federal Vacancies Reform Act, 5 U.S.C. § 3345 et seq We first discussed it back in Episode 126.
  6. Finally, click here to read all about G. Zachary Terwilliger!

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies

* Ex Parte Matter of Hennen 38 U.S. 13 Pet. 230 230 (1839)

Magic Law Words






  • [00:00:00] Intro
  • [00:07:18] Rod Rosenstein and the NYT article
    • [00:10:45] 25th Amendment
    • [00:14:30] “Randall Was Right” about confidential sources
    • [00:19:50] 28 US Code §508: What happens if Rosenstein leaves?
    • [00:22:45] Noel Francisco's 3 trips to The Supreme Court
  • [00:26:25] Commercial
    • [00:28:35] What has Francisco done as Solicitor General?
  • [00:31:11] Commercial
    • [00:33:00] Back from commercial
    • [00:38:10] Francisco's potential conflict of interest
    • [00:43:20] Who is the next man up?
  • [00:44:50] Commercial
    • [00:46:53] Back from Commercial
    • [00:50:50] Why Trump can't fire Mueller
    • [00:56:00] What happens to the investigation
    • [01:00:45] Federal Vacancies Reform Act
  • [01:09:30] New Patron Tuesday
  • [01:11:20] Thomas Takes the Bar Exam: Constitutional law question about Forest Service’s new rules (answer)
  • [01:17:20] 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.)