5th Circuit Blocks OSHA’s Vaccine Mandate

On today’s podcast, David and Sarah briefly preview key Supreme Court arguments before diving into ...

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On today’s podcast, David and Sarah briefly preview key Supreme Court arguments before diving into the 5th Circuit’s stay of the new Biden administration vaccine regulations, discuss the role of race in jury challenges (with an emphasis on jury selection in the Ahmaud Arbery murder case in Georgia), and finish with the latest developments in John Durham’s investigation of the Trump-Russia investigation, complete with thoughts on the infamous Steele dossier.

Show Notes:

–5th Circuit blocks OSHA’s vaccine mandate

–The Dispatch: “A Vigilante Killing in Georgia”

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  1. Avatar photo
    Brooke Sprenger

    David has never been more right than when he said, "Not every expansion of World of Warcraft has been good."

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    Bill Dyer (aka Beldar)

    +1 for Mr. French's rant on the malignancy of the Steele Dossier.

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    Bill Dyer (aka Beldar)

    Trailer (2:15 min.) for "Out of the Shadows: The Man Behind the Steele Dossier":

    Link: https://youtu.be/8nIxWCC6xRk

    Ms. Isgur appears and speaks briefly in the trailer at 0:44. Now I have to decide whether to subscribe to Hulu to see the whole thing. Hmm.

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    Bill Dyer (aka Beldar)

    If a defense lawyer makes the "who are you to judge whether this fear was reasonable" argument, the prosecution should object, and the objection should be sustained, and the judge should (if requested, and maybe even sua sponte) instruct the jurors that under our Constitution and the Rule of Law, jurors are EXACTLY the people who make this judgment in a criminal prosecution.

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    Bill Dyer (aka Beldar)

    My critique of Batson as applied, in which I reveal that despite knowledge of that case and its most significant progeny, I have absolutely no idea, as a jury trial lawyer for 40+ years, whether I or any of my opponents has ever violated Batson:

    "A critique of Justice Souter's Miller-El v. Dretke death penalty opinion (and a Beldar war story about picking juries)." Link: https://beldar.blogs.com/beldarblog/2005/06/a_critique_of_j.html

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    Bill Dyer (aka Beldar)

    For some reason, Mr. French's comment about the value of the live audience when doing the podcast — arising from the hosts' ability to see the faces going slack when the hosts were getting too deep into the legal weeds — made me wonder if lab rats would work. Which in turn led me to remember one of my favorite lawyer jokes —which I collect and relish, having been one (a lawyer, not a joke) for 40 years now.

    Q: Why are research labs replacing rats with lawyers in their experiments?

    A: Three reasons, actually: First, the lawyers are more plentiful. Second, the lab staff doesn't tend to get so attached to them. And third, there are some things you just can't get a rat to do.

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  7. Joe1776

    Thank you for making this podcast. Sarah's admin law 101 was helpful for someone like me that does not typically practice in that area. Unless the direction of growing the executive branch changes it seems this will be more and more important to understanding what is happening in the courts.

    As far as Durham's latest indictment, I have many questions about how the FBI acted. Why - if this is a routine 1001 violation - didn't the FBI ever pursue it? Durham had to file it because the 5 year SOL was almost up. It seems many in the FBI would have known long ago that he was lying. Or at least they should have known this given they used the dossier in their fisa requests.

    And when the fbi filed the fisa application they indicated that the information was independently verified apparently believing that the yahoo reporter, Isikoff, got the information from a different source. From what I vaguely understand Steele told them the reporter did not get it from him because he falsely said he did not talk with anyone. So why wouldn't Steele be charged? Also once they found out about the information in their application was false, why didn't they advise the court? This combined with other things like the fbi lawyer, Clinesmith, falsifying information makes it hard to say our doj is not playing politics. I was shocked that occurred. Were you guys shocked or is that to be expected? Are we to think he was just acting out on his own and no one else knew what he was doing? Without answering basic questions like these I don't think we can wave away the possibility that our doj is mixing getting too political.

    You indicate that people who speculated about this information ended up looking bad. But I will say that Andrew McCarthy's coverage clearly indicated what he was speculating on but as it turns out he did a great job in his predictions. For example he suggested Mueller charged these Russians apparently thinking they would never show up to trial so it was a "show" indictment. And sure enough when some of the companies did show up the prosecution seemed very unprepared to actually prosecute the case. Asking the judge to violate the right to a speedy trial and ultimately dropping the charges. Neither McCarthy or I am saying these defendants were innocent. They seemed just as disconnected from Trump's campaign as all the other substantive indictments brought by Mueller. I am just saying not everyone who read between the lines made a fool of themselves.



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    Gary Robbins

    I am shocked that David did not pick up the hidden issue in Ramirez v. Collins. As we saw in Star Trek III, The Search for Spock, we learned that in Star Trek II, The Wrath of Khan, when Spock died he first grasped McCoy and put his consciousness into McCoy which allowed for Spock to be reborn in Star Trek III, The Search for Spock. Clearly John Henry Ramirez hopes to transfer his consciousness to Pastor Dana Moore. See also an episode in the first season of Babylon 5 where a character would always try to be present at the moment of death to capture the newly departed's soul.

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    Ben Connelly

    I like the idea of an AO Live once a quarter. I was going to suggest a combination of what David did with his AMA and what you did at UT: an AO Live for listeners (over Zoom or some such tech). Or an AO AMA.

    Arbery is perhaps the victim of racial violence with whom I most identify. I’m a runner and he was just a guy out for a run. Yet because I’m white and he’s black, I’ve never felt worried that what happened to him would happen to me. (I’ve been worried for other reasons when I was running in a sketchy area or doing something dangerous or when I’ve come close to getting hit by a car.) I also met people growing up who fit the description of Arbery’s murderers. Or who at least would probably be that lone holdout on the Slager jury.

    The Slager case just goes to show that Henry Fonda’s 12 Angry Men can work out quite differently when it’s one holdout juror who is a racist (fine, I don’t know that’s true and I’m making an assumption - sue me).

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    Nate N.

    In terms of vaccine mandates, it would be interesting to hear about the legal side of exemption waivers. I've heard more people looking to get religious exemptions, but as far as I know that is a cover for more of a freedom of conscience than desire to follow a creed.

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