OA237: Lowering the... Barr (Memo)

Published: Dec. 21, 2018, 5 a.m.

Today's Rapid Response episode takes a look at the just-released Law'd Awful Memo\xa0written by\xa0Attorney General nominee Bill Barr and sent to Deputy AG Rod Rosenstein concerning the Mueller investigation.\xa0 Are the argument(s) raised in the memo any good?\xa0 What does this mean for the future of the Mueller investigation?\xa0 Listen and find out!

We begin, however, with a brief foray into everyone's favorite show topic:\xa0 BASEBALL LAW!\xa0 Find out about the agreement reached between MLB and Cuba, and how (of course) Donald Trump can screw it up.

After that, it's time for an Andrew Was Wrong (and Maybe Not Wrong) on David Pecker and AMI.\xa0 Along the way, we'll learn about the corruption case against Sun-Diamond Growers in connection with former Agriculture Secretary (and nearly-Senator) Mike Espy.

Then, we delve deeply into the Barr memo, taking apart the legal "arguments" and featuring a guest appearance from one Antonin Scalia!

Then, it's time to tackle the rather surprising decision by Judge Sullivan in the Michael Flynn sentencing phase.\xa0 What happened?\xa0 Did he go off the rails?

After\xa0all that, we end with an all new Thomas (and Matt!) Takes The Bar Exam #106 on how to best transport heroin from Kansas City to Chicago and what the judge can instruct the jury... it's complicated, but you won't want to miss it!\xa0 And, as always, if you'd like to play along with us, 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!

Appearances

None!\xa0 If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Check out Matt & Mattingly's Ice Cream Social podcast!
  2. Baseball law:\xa0 Here's the press release from MLB.
  3. We discussed\xa0U.S. v. Sun-Diamond Growers of Calfornia, 138 F.3d 961 (D.C. Cir. 1998), aff'd, 526 U.S. 398 (1999).
  4. Don't forget to read the\xa0Barr memo\xa0for yourself, and you can also check out the\xa0Wall Street Journal article that leaked it.
  5. ...And here's our good buddy Antonin Scalia smacking down the logic used therein.
  6. You can check out the government's sentencing memorandum in Michael Flynn's case as well as the memo filed by Covington & Burling on Flynn's behalf.

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