OA184: Families at the Border

Published: June 22, 2018, 4 a.m.

Today's Rapid Response Friday helps separate fact from fiction when it comes to the heartwrenching issue of families being separated at the border.\xa0 Is the Trump administration to blame?\xa0 Did the recent Executive Order fix the problem?\xa0 Listen and find out. First, though, we bring back (almost) everyone's favorite segment:\xa0 Andrew Was Wrong!\xa0 Specifically, Andrew was wrong when he predicted back in Episode 83 that Maajid Nawaz didn't have much of a defamation case against the Southern Poverty Law center, and in Episode 84 that he didn't have much leverage, either.\xa0 Well, both of those predictions looked foolish now that the SPLC has agreed to pay Nawaz $3,375,000 and issue an unconditional apology. In the main segment, we break down Trump's EO regarding separating families at the border and requesting a modification to the\xa0Flores v. Reno\xa0settlement.\xa0 It's bad.\xa0 And if it weren't bad enough, we\xa0also discuss the administration's change in asylum policy. After that, we discuss the Supreme Court's recent opinion in\xa0Pereira v. Sessions.\xa0 Surely that can't be bad news, too?\xa0 (Don't call us Shirley.) Finally, we end with an all new Thomas Takes The Bar Exam #81 involving the constitutionality of a state legislature retaliating against two professors for pushing campus speech codes.\xa0 Have we piqued your interest yet?\xa0 Listen and find out!\xa0 And if you'd like to play along , just\xa0retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.\xa0 We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew was recently a guest on the David Pakman Show, with a two-part appearance discussing whether President Trump can be indicted and if so, whether he can pardon himself.\xa0 You can watch the video on YouTube. Show Notes & Links

  1. We first discussed Maajid Nawaz's legal threats in Episode 83\xa0and Episode 84.\xa0 You can\xa0read the final Settlement Agreement for yourself\xa0as well as check out\xa0the SPLC's apology to Nawaz.
  2. Click here to read the Snopes article conclusively debunking the political claim that this policy was put into place "by Democrats."
  3. You can read\xa0Trump's\xa0recent Executive Order\xa0and also check out the original 1997\xa0Flores v. Reno\xa0settlement.
  4. The operative laws discussed during the main segment were:\xa0 8 U.S.C. \xa7 1158 (asylum); 8 U.S.C. \xa7 1325 (\u201cimproper entry by alien\u201d); and, of course,\xa018 U.S.C. \xa7 46 (\u201ctransportation of water hyacinths\u201d).\xa0 You can also read the Attorney General's Interim Decision #3929 on refugees for yourself.
  5. As promised, this is the full list of Class B federal misdemeanors.
  6. We also discussed this\xa0Washington Post article on refugees being turned away at the border.
  7. This is the Supreme Court's recent opinion in\xa0Pereira v. Sessions.
  8. Finally, a secret Yodel for you folks who read the show notes:\xa0 here's the link to the news that Michael Cohen's fired his old lawyers (McDermott, Will & Emery) and hired a new one (Guy Petrillo).\xa0 What does this mean?\xa0 Only time will tell.
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