Monday, January 7, 2019

The Fourth Circuit's Puzzling Emoluments Ruling (Opening Arguments podcast OA239)

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. As always, if you'd like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag. We'll release the answer on next Tuesday's episode along with our favorite entry!
Interview:
https://www.stitcher.com/podcast/atheistically-speaking-2/opening-arguments/e/57918484

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