BROADCASTS.com

Today's episode tackles six questions raised during the first day of cross-examination at the impeachment of President Trump and gives you the real answers, from a legal point of view, minus the spin (on both sides)! We tackle the standard for impeachment, past judges who have been impeached, the will of the Framers, and much, much more!

-----

Remember that Alan Dershowitz has challenged Andrew to a debate, and we've accepted! Only time will tell if Dersh chickens out.

Also: please do CALL YOUR SENATORS. The Senate switchboard is (202) 224-3121. They\u2019ll connect you! For the Republicans, make this simple request (and be polite!):

\u201cI\u2019d like to speak with Senator ____\u2019s office.\xa0 Hi, I\u2019m _____, I\u2019m a constituent, and I\u2019m calling to ask Senator ____ to vote in favor of allowing the Senate to subpoena documents and witnesses in the impeachment trial.\xa0 I don\u2019t know how we can decide if Trump is innocent or guilty without seeing all of the evidence.\xa0 Thank you.\u201d\xa0

For the Democrats, call them and thank them for their promise to vote for subpoenaing documents and witnesses. That\u2019s all! It\u2019s that easy and you can REALLY MAKE A DIFFERENCE. Thank you!

-----

We begin the show with a brief analysis of John Bolton's forthcoming book and whether the White House can get a judicial injunction to block publication. (Hint: no.) In analyzing the question, we do a mini-deep-dive into prior restraint, what it means, and why it protects Bolton's right to publish here.

Then it's time for the question extravaganza, which covers not only the legal standard for impeachment but the arguments raised by both sides, the question of foreign interference in our elections, how one asserts executive privilege, and so much more! You won't want to miss this!

After all that, it's time for a brand-new #T3BE about a crazed, icepick-wielding roommate with bad luck. Will Thomas be able to keep his win streak going? There's only one way to find out! And remember that you too can play along on social media!

Appearances

None! If you\u2019d like to have either of us as a guest on your show, drop us an email at\xa0openarguments@gmail.com.

Show Notes & Links

1. Don't let Republicans misrepresent the articles of impeachment. Article I, Abuse of Power contains allegations that satisfy 18 U.S.C. \xa7 201(b)(2) (the crime of bribery) and Art. II, Obstruction of Congress contains allegations that satisfy 18 U.S.C. \xa7 1505 (the crime of obstruction of justice).
2. We referenced Zephyr Teachout's seminal 2009 law review article, "The Anti-Corruption Principle" as well as this analysis by Eisen, Painter, and Tribe on emoluments.
3. Finally, check out Prof. Cunningham's article on the original meaning of "misdemeanors" here.

-Support us on Patreon at:\xa0patreon.com/law

-Follow us on Twitter: \xa0@Openargs

-Facebook: \xa0https://www.facebook.com/openargs/, and don\u2019t forget the\xa0OA Facebook Community!

-For show-related questions, check out the\xa0Opening Arguments Wiki, which now has its own Twitter feed!\xa0\xa0@oawiki

-And finally, remember that you can email us at\xa0openarguments@gmail.com!