OA212: Rod Rosenstein and... G. Zachary Terwilliger?

Published: Sept. 25, 2018, 4 a.m.

Today's episode is that rare Rapid Response Tuesday, necessitated by the persistent rumors that Donald Trump is about to fire Deputy Attorney General Rod Rosenstein.\xa0 Is it true?\xa0 How bad are things if it is?\xa0 And who is this mysterious G. Zachary Terwilliger?\xa0 You'll have to listen to know for sure! We begin by examining the New York Times reporting that predicated the efforts to force out Rosenstein.\xa0 Listen and you'll learn why is Andrew confident that these reports are false -- and get a rare "Randall Was Right" segment to boot! After that, we look to the statutory line of succession if Rosenstein is indeed fired, and we wind up at Noel Francisco and... Sideshow Zach?\xa0 How did THAT happen?\xa0 Bonus:\xa0 Is Francisco a Trump hack?\xa0 All signs point to... Then, we look to the statutory protections for Mueller even if Rosenstein is fired.\xa0 Will the entire Russia investigation be fed into a\xa0Fargo/Deadpool 2-style woodchipper? And, if all that wasn't enough, we also have a mini-deep dive into the Federal Vacancies Reform Act, 5\xa0U.S.C. \xa7 3345\xa0et seq.\xa0 Does it matter if Rosenstein was fired or if he resigned? Finally, we end -- at long last! -- with Thomas Takes the Bar Exam Question #94 regarding the Forest Service's new rules.\xa0 Remember to follow our Twitter feed (@Openargs) and like our Facebook Page\xa0so that you too can play along with #TTTBE! Recent Appearances Lots!\xa0 Thomas will be at QED in Manchester, UK on Oct. 13 and 14. Andrew will be debating originalist (and Kavanaugh clerk!) Justin Reed Wilson in Louisville, Kentucky on September 27 at Impellizzeri's Pizza; to attend, just RSVP on this Facebook link. Show Notes & Links

  1. This is the first\xa0New York Times hit piece on Rosenstein from Friday, 9/21, and this is the follow-up suggesting he would "resign."
  2. You can, of course, read the 25th Amendment's Section 4 for yourself; you'll quickly ascertain that it is, in fact, a 'clown horn' argument.
  3. The 28 U.S.C. \xa7 508 sets forth the statutory line of succession\xa0for the DOJ.
  4. Here's the initial Senate confirmation vote on Francisco.\xa0 You can also read his "oopsie" letter to the Supreme Court below:
  5. This is the\xa0Federal Vacancies Reform Act, 5\xa0U.S.C. \xa7 3345\xa0et seq.\xa0 We first discussed it back in Episode 126.
  6. Finally, click here to read all about G. Zachary Terwilliger!
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