November 21, 2018

Listen to the Episode

From The Official Website:

Today’s Thanksgiving Special / Rapid Response episode takes a look at the single most important Yodel Mountain case pending right now: Andrew Miller’s lawsuit before the Court of Appeals for the District of Columbia Circuit. Find out what it all means!

We begin, however, with a brief Andrew Was Right and roundup on the status of the Jim Acosta lawsuit, which has been mooted thanks to the injunctive relief won by CNN (and the White House’s decision to restore Acosta’s credentials).

Then, it’s time for the deep dive into Andrew Miller and his Don Quixote-esque foray into our legal system to challenge Robert Mueller’s authority. Along the way you’ll find out who Andrew’s Shattered Glass doppelganger is, and learn more than you ever thought possible about the U.S. Constitution’s “Appointments Clause.”

Finally, we end with an all new Thomas Takes The Bar Exam #102 on evidence and the admissibility of hearsay. Find out how Thomas outsources the decision and more.

Show Notes & Links

  1. The “recalcitrant witness” statute is 28 U.S.C. § 1826.
  2. Click here to read Judge Howell’s U.S.D.C. trial court opinion.
  3. We pulled a ton of documents for you in the Miller case, including (a) Concord’s motion to intervene; (b) Concord’s amicus brief on the merits; (c) the eminently silly Sibley amicus brief; (d) Robert Mueller’s merits brief; (e) Andrew Miller’s merits brief; (f) Andrew Miller’s supplemental brief; and (g) Robert Mueller’s supplemental brief. Phew!
  4. Don’t be afraid to check out In Re Sealed Case, 829 F.2d 50 (D.C. Cir. 1987) for the case that’s directly on point.
  5. Finally, you can read the [ “nearly a heart attack” regs on Mueller’s funding (28 CFR § 600.8(a)(2)) here.}

Law Talkin' Stuff

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






  • [00:00:00] Intro
  • [00:03:45] Andrew Was Right: Acosta lawsuit
  • [00:07:40] Troops at the border
  • [00:14:20] Deep Dive: Miller Lawsuit
    • [00:17:15] Can Mueller subpoena Trump to testify
  • [00:19:25] Commercial
    • [00:20:55] Miller's argument
    • [00:32:30] Montgomery Blair Sibley's Amicus brief
    • [00:37:45] Appointments Clause and 3 Miller arguments
  • [00:40:37] Commercial
    • [00:42:00] Inferior officer vs principal officer
    • [00:46:25] In Re Sealed Case, 829 F.2d 50 (D.C. Cir. 1987)
    • [00:49:40] United States v. Eaton
    • [00:51:00] The Supreme Court
    • [00:53:00] The briefs from Miller and Mueller
    • [01:00:15] Why we care
  • [01:03:50] Patron Hall of Fame
  • [01:10:00] Thomas Takes the Bar Exam Homeowner's testimony about plumber's response (question)
  • [01:16:00] Outro
  • [01:17:15] 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.)