22 Comments
Jan 4Liked by Sara Fay

Happy New Year Josh, Ken & Sarah!

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Wait. Vegans have rights? Even free speech? My gods between vegans and Crossfitters (full disclosure I used to be one) there should absolutely be some exceptions to the First Amendment right to free speech. Is public flogging on the table?

/s

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Looking forward to listening to this one with my wife!

Topic request: I've seen Snitko vs. United States come across my feed a few times in the last couple months, and I'd be interested to hear your thoughts on it. Taking accusations at face value, the FBI raided a company providing safe deposit boxes and stole most of the contents, but I have no idea what parts of the case might not be getting talked about, so I'm leery of said face value.

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I was surprised that Josh and Ken did not discuss the amicus brief before the DC Circuit advising that the Immunity claim is not allowed under interlocutory appeal, under the Midland Asphalt Supreme Court decision. The DC Circuit filed a notice that parties should be prepared to discuss it and tRump’s Reply Brief did not refute it, other than stating that the decision (a Supreme Court decision) is wrong. What are Ken’s thoughts on the Midland case? Should it control here?

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Love the call-out about Grover Cleveland. And while I'm sure you aren't the first, the statement about Nixon not needing a pardon if he was immune was new to me. Makes sense.

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Question related to the CO DQ case. If there were a dispute over residency, say a US citizen had been raised outside the US, moved back 14 years ago but lived part-time in both countries for a year or two before settling full time in the US and it was disputable if the residency requirement was met, how does that get adjudicated? Would each state be free to decide on its own?

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Important to note that while semen is considered an animal product, it is still considered vegan-friendly because it is extracted with consent.

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I can’t decide what movie universe Trump’s version of presidential immunity belongs in. Mad Max? The Purge?

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A note of clarification: in Maine, the Secretary of State, a constitutional officer, is elected biennially via a joint ballot of the Maine State Legislature. It's not a gubernatorial appointment.

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My wife, on hearing the description of this episode: What on earth does vegan porn consist of?

Me: I find broccoli to be the most.....sensual, of all the cruciferous vegetables.

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A LOT of politicians are happy that SBF skates on the campaign finance shenanigans -- that’s the real crime in DOJ deciding to give the dude a pass on it. A trial with wooly-haired Rain Man as the nominal defendant unable to shut up or lie convincingly (especially with all the evidence on paper and in digital trails) would put our whole political auction system on trial. Passing on THAT is the first time I’ve had reason to think less of Garland and the DOJ under Biden.

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I have a question: if the Supreme Court intervenes in CO and ME and rules that Trump can't be removed on 14th Amendment grounds because he's never been charged with insurrection, wouldn't it follow that he can be charged with insurrection and therefore he didn't possess immunity (if/when that issue comes before them)? Thanks!

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In passing, it would make things interesting if the Chancellor and his spouse could demonstrate/document that they only produced their “content” during approved periods of annual leave. Otherwise the university can claim that a chancellor is essentially expected to be available 24/7 because emergencies arise unpredictably.

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founding

Porn and veganism? Just when I thought this podcast couldn't get any better.

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Good show.

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