Today's episode is that rare Rapid Response Tuesday, necessitated by the persistent rumors that Donald Trump is about to fire Deputy Attorney General Rod Rosenstein. Is it true? How bad are things if it is? And who is this mysterious G. Zachary Terwilliger? You'll have to listen to know for sure! We begin by examining the
New York Times reporting that predicated the efforts to force out Rosenstein. Listen and you'll learn why is Andrew confident that these reports are false -- and get a rare "Randall Was Right" segment to boot! After that, we look to the
statutory line of succession if Rosenstein is indeed fired, and we wind up at Noel Francisco and... Sideshow Zach? How did THAT happen? Bonus: Is Francisco a Trump hack? All signs point to... Then, we look to the statutory protections for Mueller even if Rosenstein is fired. Will the entire Russia investigation be fed into a Fargo/Deadpool 2-style woodchipper? And, if all that wasn't enough, we also have a mini-deep dive into the Federal Vacancies Reform Act,
5 U.S.C. § 3345 et seq. Does it matter if Rosenstein was fired or if he resigned? Finally, we end -- at long last! -- with Thomas Takes the Bar Exam Question #94 regarding the Forest Service's new rules. Remember to follow our Twitter feed (
@Openargs) and like our
Facebook Page so that you too can play along with #TTTBE! Recent Appearances Lots! Thomas will be at
QED in Manchester, UK on Oct. 13 and 14. Andrew will be debating originalist (and Kavanaugh clerk!) Justin Reed Wilson in Louisville, Kentucky on September 27 at
Impellizzeri's Pizza; to attend,
just RSVP on this Facebook link. Show Notes & Links This is the first
New York Times hit piece on Rosenstein from Friday, 9/21, and this is the
follow-up suggesting he would "resign." You can, of course, read the
25th Amendment's Section 4 for yourself; you'll quickly ascertain that it is, in fact, a 'clown horn' argument. The
28 U.S.C. § 508 sets forth the statutory line of succession for the DOJ. Here's the
initial Senate confirmation vote on Francisco. You can also read his "oopsie" letter to the Supreme Court below:
This is the Federal Vacancies Reform Act,
5 U.S.C. § 3345 et seq. We first discussed it back in
Episode 126. Finally, click here to read all about
G. Zachary Terwilliger! Support us on Patreon at:
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