February 21, 2019


Listen to the Episode


From The Official Website:

Today’s episode breaks down Trump’s recent declaration of a state of national emergency as a pretext to build his big, dumb wall. What’s being done about it? What can be done about it? Listen and find out!

We begin, however, with a trip up Yodel Mountain to observe one of its most bizarre members, Roger Stone, who recently posted a “notice of apology” after having uploaded a picture to Instagram of Judge Jackson with a reticule nearby. What does this mean for the gag order entered in his case? We tell all — even before the court ruled!

Next, it’s time for our main segment about the wall. Andrew breaks down exactly where the funding is going to come from, and details all the lawsuits to try and block it. We end the segment, of course, with a (pessimistic) prediction.

Then, it’s time for even more yodeling. Is the Mueller investigation really coming to an end? If so, what’s next? And what about

We end, as always, with a brand new Thomas Takes the Bar Exam Question #115 about offers to compromise.

Show Notes & Links

  1. Stone’s notice of apology.
  2. Stone’s original partial gag order.
  3. 18 U.S. Code § 1512: Tampering with a witness, victim, or an informant.
  4. The Emergency Declaration.
  5. The Presidential Border Security Victory Proclamation
  6. Episode OA 243: BUILD THAT WALL!! where we first discussed states of emergency.
  7. The Landowners lawsuit filed in DC, Sierra Club/ACLU lawsuit, and finally the California lawsuit filed by 16 states discussed in the show: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia.
  8. 31 U.S.C. § 9703 (TFF).
  9. Department of the Treasury Forfeiture Fund.
  10. 10 U.S. Code § 284 – Support for counterdrug activities and activities to counter transnational organized crime.
  11. 10 U.S. Code § 2808 – Construction authority in the event of a declaration of war or national emergency – discussed in OA: 243 and “Military construction” defined in 10 U.S.C. § 2801(a).
  12. Cummings report on Saudi Arabia.
  13. Manafort sentencing discussed DC in OA 253: Religious Freedom and Domineque Ray
  14. The transcript of Judge Jackson’s findings on Manafort’s lies
  15. Manafort gets a 38 in the E.D.Va sentencing memo
  16. Cohen to testify publicly before the House Oversight Committee on Feb. 27th.

Law Talkin' Stuff

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

Organizations

People

References

Topics


Content

  • [00:00:00] Intro
  • [00:03:48] Yodel Mountain: Roger Stone
    • [00:06:26] Hasson terrorist attack stopped & Pizzagate
    • [00:08:00] Stone's notice of apology
    • [00:08:42] The partial gag order imposed on the case
    • [00:12:57] Roger Stone's conditions of release
    • [00:14:14] The Stone case
  • [00:16:40] Trump's National Emergency
    • [00:21:49] Can the President declare a National State of Emergency when there is no emergency?
    • [00:22:44] Various lawsuits (Eminent domain, Environmental Impact Studies)
    • [00:26:34] The 16 State suit again the National State of Emergency
    • [00:30:47] Raiding the Treasury Forfeiture Fund
    • [00:34:39] Timbs v. Indiana, 586 U.S. ___ (2019)
    • [00:35:39] Raiding the DOD fund for counter drug activities
    • [00:37:35] Raiding the DOD fund for military construction projects
  • [00:39:20] Commercial
    • [00:40:00] The Democratic resolution that the State of Emergency is invalid
    • [00:43:00] Declaring a State of Emergency then saying it isn't an Emergency
    • [00:43:23] Dames & Moore v. Regan, 453 U.S. 654 (1981)
  • [00:51:24] Yodelling Intensifies: Rod Rosenstein resignation
    • [00:54:10] Are we sending nuclear secrets to Saudi Arabia?
    • [01:02:06] Manafort sentencing
    • [01:03:46] Cohen testifying
  • [01:05:47] Patron Hall of Fame
  • [01:12:34] Thomas Takes the Bar Exam: Personal injury - Statement of Compromise (question)
  • [01:18:10] 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.)