Where’s the Beef?

Hot sauce time.

By and

In today’s packed episode, David and Sarah check in on the Durham investigation after recent failures to reach convictions. They then turn to updates on the special master and the Mar-a-Lago case, and on the growing list of challenges (of varying quality) to Biden’s loan forgiveness plan. Not enough? They conclude with a long-awaited overview of the Texas Pete Hot Sauce lawsuit.

–Texas Pete lawsuit

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  1. Bobby D

    Are there any districts that still mandate paper filing? Back in 2013, I handed off an EDVA filing to a paralegal, and put on my running clothes. The courier was busy and said he couldn’t file for us in Alexandria that day. So, I hopped in a cab and headed off to Alexandria in my running shorts and tank top to file my complaint. I got in my evening run by running from Alexandria back to DC.

    I switched to the corporate group shortly thereafter.

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    Bill Dyer (aka Beldar)

    Here's how I imagine this playing out in court, as opposed to on the AO podcast:

    MS. ISGUR: But Your Honor, if your child said she not talked to her mother about whether she could have that extra slice of cake, leading you to believe that your wife had taken no position on the issue, and inducing you to give her that piece of cake — when in fact your wife had left a big note on the fridge saying, 'Sally, keep your dirty little 9-year-old fingers off this cake!' — you would conclude that your child had intentionally made a false statement, right?"

    THE COURT: Ms. Isgur, we are not in my kitchen, but a court of law, and the stakes are not chocolate cake slices, but a man's liberty, and specifically whether his constitutional presumption of innocence can be overcome by evidence which perhaps shows that he was less than fully forthcoming, but which in fact was literally true, in circumstances in which the questioner could and should have asked more or better questions."

    Mr. French said that in depositions, he'd never presume that he had adequately asked about communication if he only asked about talking. My reaction was the same, but let me add to it from 40 years of trying cases to juries:

    There is something about being in the jury box, with the flag in the room and the judge in her robes on the bench, that makes jurors become remarkably literal. They'd blame the questioner for being inadequate and ineffective nine times out of ten in this situation.

    And I'd blame him ten times out of ten.

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  3. Preachtheword66

    I’m not a lawyer, but I really enjoy listening to you discuss the law. Thank you for making the law understandable to a layman like myself. But what “actual injury” does a person have for a hot sauce being supposedly mislabeled?

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      Bill Dyer (aka Beldar)

      At a certain point, after too many bottles of hot sauce from Portland or (gasp!) New York City, your Texan card gets revoked.

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    2. Kroneborge

      If you bought it thinking it was a Texas product and it wasn't, that could potentially be a fraud claim (except of course for all the other disclaimers saying where it was actually produced)

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    KP

    If this podcast does not address the Tennessee personalized license plate case, I will be upset. Mostly I just want to hear David and Sarah go through the parade of horribles…

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  5. Mkliegman

    My wife's only name has been Sally for over 67 years. (Sarah's certainly right about it often being nickname for Sarah). PS - main problem is there seems to be no nickname for Sally.

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    1. Ellisrt1031

      Mustang

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  6. A-Couch

    Apropos of nothing in particular in this episode, but because nerdery of all kinds is usually welcome, there's been some drama simmering for the last couple months in the chess world that recently boiled over into a $100M (or maybe 5 instances of $100M, it's unclear to me) defamation lawsuit. Would love to hear AO dig into some chess drama!
    https://www.chess.com/news/view/niemann-files-100-million-defamation-lawsuit

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  7. Tealdachs

    Re: woman on the moon…it is no accident that NASA’s current moon program is named Artemis (twin sister of Apollo). Half of the astronauts chosen are, in fact, women. We hopefully won’t be waiting too much longer for those first female footsteps on the lunar surface. https://www.space.com/nasa-artemis-astronauts-first-woman-on-moon

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  8. Heath Clark

    I just survived 15 hours of in person cle. Has AO ever considered getting CLE certified? I could multi task if so.

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    1. Bobby D

      Awesome idea. I’ve got to spend about 16 hours before the end of the year slogging through CLEs.

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    2. barjwr

      My wife is in the midst of updating her CLE to resume working in Ohio -- I just made the same remark to her!

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    PaulH

    With regards to the loan forgiveness cases, standing is only the first question. The next question is one of remedies. As the states' losses are probably solely monetary, do they have any basis for asking for injunctive relief? If not, it is likely that all the eligible loans will be forgiven before the law is ruled unconstitutional

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  10. Kaja_anne

    Well done. Thank you

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