December 27, 2018

Listen to the Episode

From The Official Website:

Today’s episode takes a deep dive into the just-released one-page order by the Fourth Circuit staying all discovery in the Emoluments litigation brought by Maryland Attorney General Brian Frosh. How do we fill more than an hour’s worth of time on one page? Why is this ruling really, really bad for everyone?? Listen and find out!

We begin, however, with a brief foray up Yodel Mountain to discuss (1) the reports circulating that Michael Cohen’s phone was in Prague in the summer of 2016, and (2) the ethics review of “Acting” Attorney General Matthew Whitaker concerning the Mueller probe.

After that, it’s time for a deep dive into the Emoluments litigation, the strange procedural posture of Trump’s response, and what this means for civil litigation generally (and this case in particular). You won’t want to miss it!

Then we end with an all new Thomas Takes The Bar Exam #107 on defamation.

Show Notes & Links

  1. Click here to read the Whitaker ethics review letter, and here to read the Steele dossier.
  2. We last discussed the Emoluments litigation in Episode 226.
  3. You can check out all of these documents: the Fourth Circuit’s order, the motion to stay, and the opposition filed by Frosh.
  4. Trump’s argument is based on 28 USC § 1292(b) and relies on Fernandez-Roque v. Smith[, 671 F.2d 426 (11th Cir. 1982).

Law Talkin' Stuff

Law Court Thingies
Magic Law Words





  • [00:00:00] Intro
  • [00:01:45] Fantasy football results
  • [00:06:10] Yodel Mountain: Cohen was in Prague
    • [00:09:00] Steele dossier
    • [00:11:40] Ethic review of Matthew Whitaker conclusion
  • [00:21:00] Emoluments lawsuit
    • [00:30:45] 28 US Code §1292 (b) and Trumps brief
    • [00:35:50] Brian Frosh response
    • [00:41:30] Clarification on what this means
  • [01:06:40] Patron Hall of Fame
  • [01:15:45] Thomas Takes The Bar Exam: Defamation (question)
  • [01:22:40] Outro