October 4, 2018

Listen to the Episode


From The Official Website:

Today’s Rapid Response Friday tackles the #1 emailed story to us this past week: is the real story behind the Kavanaugh nomination that the Trump administration needs him on the Supreme Court to rule in Gamble v. U.S. regarding the dual sovereignty doctrine as it applies to double jeopardy?

We begin with a quick note about the New York Times story on Trump’s taxes which will be covered on Serious Inquiries Only.

Then it’s time to figure out this claim about Gamble v. U.S. that fact-checking website Snopes rated as “true.” Is it, though? (Hint: no.) We’ll tell you everything you need to know about the 5th Amendment’s double jeopardy clause and what it might mean for anyone Trump pardons once Kavanaugh gets to the Court.

And speaking of which, we segue from that claim to an update on all things Kavanaugh this week, including the Mitchell letter, the FBI investigation, Flake’s statements, and even (gasp!) an Andrew Was Wrong.

Finally, we end with an all new Thomas Takes The Bar Exam #96 regarding the breach of an employment contract, with next week’s guest Chad Schneider playing along. Thomas needs to go 5-for-5… can he do it? You’ll have to listen and find out!

Show Notes & Links

  1. You can read the New York Times story on Trump’s taxes, and listen for Thomas’s take on Serious Inquiries Only.
  2. The leading case on the “dual sovereign” doctrine as applied to the double jeopardy clause is Heath v. Alabama474 U.S. 82 (1985).
  3. Click here to read the administration’s opposition brief in //Gamble v. U.S., and here to check out the entire docket.
  4. This is the Jed Shugerman article we referenced regarding New York’s “dual sovereigns” law.

Law Talkin' Stuff

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






  • [00:00:00] Intro
  • [00:04:30] Gamble v. U.S. meme
    • [00:07:55] Fifth Amendment
    • [00:10:10] Heath v. Alabama
    • [00:13:10] The Supreme Courts decision
    • [00:18:50] The Gamble case breakdown
    • [00:21:20] How the meme is wrong
    • [00:28:15] The connection to Paul Manafort
  • [00:30:42] Commercial
    • [00:32:11] Back from commercial
    • [00:34:22] The duel sovereignty doctrine may not be a good idea
    • [00:35:40] Puerto Rico v. Sanchez Valle
  • [00:38:31] Commercial
    • [00:40:07] Back from commercial
  • [00:45:00] Andrew Was Wrong: The Brett Kavanaugh vote was actually out of committee
  • [00:47:15] Rachel Mitchell memo
  • [00:54:30] The FBI report
  • [01:01:20] Patron Hall of Fame
  • [01:09:05] Thomas Takes the Bar Exam: Chef breach of an employment contract (question)
  • [01:16:05] 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.)