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OA358: Can Trump Block New Yorkers From Global Entry? (No.) (Patreon)

Published:
2020-02-07 04:59:10
Imported:
2022-10

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Content

Today's episode takes place in the aftermath of the Trump impeachment sham.  We take a minute to heap praise on Sen. Mitt Romney, who had the courage of his convictions, before delving into the obvious fact that this president is now empowered to seek revenge on his enemies, starting with the State of New York.  Can he really prevent New Yorkers from using Global Entry?

Before that, we have to cover the latest in faux outrage, in which America's Dumbest Congressman (TM), Matt Gaetz, teams up with Charlie Kirk (and others) to ... insist that Speaker Nancy Pelosi had no right to rip up her copy of Trump's State of the Union address.  Can that possibly be the law?  (No.)

Then, it's time to settle in for a nice, long deep dive into New York's Green Light Law, and how that led a Trump lackey to try and retaliate by asserting that New Yorkers will no longer be eligible for the Global Entry program at airports.  Is it really possible that Trump's Department of Homeland Security will carry out this threat?  Do we have a legal recourse?  Listen and find out!

After all that, it's time for a brand-new #T3BE on the preservation of objections for appeal.  Can Thomas continue his winning streak?  Would you do any better?  If so, just share out this episode on social media using the hashtag #T3BE and we'll pick a winner!

Appearances

None! 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. The operative law that Speaker Pelosi definitely didn't violate -- but President Trump has -- is 18 U.S.C. § 2071.
  2. You can read all about New York SB1747B (the "Green Light Law") as well as check out the fact sheet issued by the DMV.
  3. We break down the nonsense threat letter written by "Acting Director" of DHS, Chad Wolf.
  4. Legal references!  Check out  8 U.S.C. § 1365b;  74 FR 59932; 77 FR 5690; and the final rule, 8 C.F.R. 235.12.
  5. Finally, in the political aftermath, we mentioned the pending bipartisan bill, House Res. HR 3675.
  6. Check out the latest blog post from Marcy Wheeler, which sets out her take on Lt. Gen. Michael Flynn and sets out the embedded legal documents.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

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

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

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Comments

Anonymous

With respect to Andrew's is matt gaetz that stupid, I think I can shed some light on his motivations, but the short of it is he is stupid, but he is more so "playing the game". He went to FSU for undergrad and was a part of their "secret society" Burning Spear. Student government at FSU is way too intense and people are way too invested in it (I assume its because real government is so close and many people who are involved dream of one day being in politics at the state and national level). To give a teaser, they have insanely rigid and extensive campaign rules and almost every election one party sues the other party in Student Supreme Court over some aspect of the elections. All this is to say that the environment is the classic kids trying to play grown up, west wing, house of cards, etc. and Matt definitely embraced that approach and never really evolved past it. So it is more that he always has done child level intelligence/tactics when it comes to politics and has no morals when it comes to his actions while he plays the "game." He will do anything to gather clout with the group not realizing he is as expendable as the rest, but his value is that he will do anything. Also, I think opening arguments need a "weekend update" style segment called "conspiracy update" with conspiracy extraordinaire Eli Bosnick on to give a quick run down of the weekly conspiracies.

Anonymous

Question: What can be done by the Congress (House) to force the courts to settle the arguments between them and the Executive? Can precidents still be made relating to executive vs congressional powers?