May 16, 2019
Listen to the Episode
From The Official Website:
Today’s episode breaks down everything you need to know about the pending Trump v. Deutsche Bank lawsuit over the pending Congressional subpoenas for Donald Trump’s (and Don Jr.’s, and Eric’s, and Ivanka’s, and the Trump Organization’s) financial records. Why is Trump suing Deutsche Bank, and what’s going to happen? Find out why Andrew is still optimistic!
We begin, however, with the breaking news that Trump has pardoned Conrad Black. Who is he? Should this be a scandal? (Yes.) Will it be? (No.) And is Conrad Black a gigantic racist? (Guess.)
Then, it’s time for the main segment about Trump v. Deutsche Bank. We talk about the unique legal standard in the Second Circuit that gives the Trump legal team a legitimate thread by which to argue for their injunction preventing Deutsche Bank from disclosing Trump’s financial records to the House Committee.
Then, it’s time to answer a listener question from Rob Bate about conspiracy, obstruction, and the Mueller Report.
After all that, it’s time for a brand-new Thomas Takes The Bar Exam #126 involving whether shooting a would-be assailant who has broken off her attack is homicide, and if so, what kind.
Show Notes & Links1. Here’s a link to Conrad Black’s disgusting “Who Was Really At Fault In Charlottesville?” essay.
2. Check out the Wikipedia entry on Michael McFaul.
3. And his testimony to the House Intelligence Committee.
4. Here are the Trump v. Deutsche Bank documents
-The Complaint
-Trump’s Motion for a Preliminary Injunction
-Deutsche Bank’s statement
-The House Committee’s Opposition
-Trump’s reply memorandum
5. We cited Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., 598 F.3d 30 (2010) for the proposition that the 2nd Circuit recognizes an alternative test.
6. And, of course, credit for the fabulous “Deutsche Wanna Loan?” goes to our friends at Mueller, She Wrote
Law Talkin' Stuff
Law Court Thingies
- Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., 598 F.3d 30 (2010)
- Winter v National Resources Defence Council Inc (2008)
Magic Law Words
- Balance of Harms
- Collusion
- Declination Decision
- Double Jeopardy
- Expedited Briefing Schedule
- Injunctive Relief
- Irreparable Harm
- Obstruction
- Preliminary Injunction
- Presidential Pardon Power
- Subpoena
- Ultra vires
Organizations
People
- Bill Browder
- Bill Clinton
- Conrad Black
- Donald Trump
- Robert Mueller
- Mark Rich
- Michael McFaul
- Vladimir Putin
References
Topics
- Deutsche Bank subpoenas
- Ranked Choice Voting
- The Mueller Report
- Trump's Pardons
- Unite the Right March
Content
- [00:00:00] Intro
- [00:04:39] Alex Schaefer Ranked Choice Voting experiments
- [00:09:30] Yodel Mountain: Conrad Black pardon
- [00:13:28] Mark Rich pardon by Clinton
- [00:15:30] Black on Charlottesville
- [00:18:13] Commercial
- [00:19:51] Yodelling Intensifies: Deutsche Bank subpoenas
- [00:24:55] Michael McFaul on Russia
- [00:34:30] The principle argument for the House subpoenas
- [00:38:36] Trump lawyers plan and NY Injunctive Relief
- [00:53:13] Commercial
- [00:54:58] Listener Questions: Does obstruction found in the Mueller Report suggest question the results of "no collusion"?
- [01:00:05] Patron Hall of Fame
- [01:01:38] Thomas Takes the Bar Exam: Criminal Law - Degrees of criminal homicide beyond self defense (question)
- [01:13:20] Outro
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