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Today's episode takes a deep dive into the just-released one-page order by the Fourth Circuit\xa0staying all discovery in the Emoluments litigation brought by Maryland Attorney General Brian Frosh.\xa0 How do we fill more than an hour's worth of time on one page?\xa0 Why is this ruling really, really bad for everyone??\xa0 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).\xa0 You won't want to miss it!

Then we end with an all new Thomas Takes The Bar Exam #107 on defamation.\xa0 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. Click here to read the Whitaker ethics review letter, and here to read the Steele dossier.
2. We last discussed the Emoluments litigation in Episode 226.
3. You can check out all of these documents:\xa0\xa0the Fourth Circuit's order, the\xa0motion to stay, and the\xa0opposition filed by Frosh.
4. Trump's argument is based on\xa028 USC \xa7 1292(b) and relies on\xa0Fernandez-Roque v. Smith, 671 F.2d 426 (11th Cir. 1982).

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