Opening Arguments

OA198: What Is Alan Dershowitz Thinking?


Listen Later

Today's episode takes an in-depth look at Donald Trump's favorite "liberal," Harvard Law professor Alan Dershowitz as seen through the eyes of one of his former students. We begin, however, with an update from the Paul Manafort trial, taking a look at the prosecution's strategy, witness list, and some preliminary rulings by Judge Ellis. After that, we dive very deeply into what looks like a very weird phenomenon:  why is Alan Dershowitz carrying water for a President whom he ostensibly opposes?  Why is he saying things that are demonstrably and indefensibly untrue about the law? Andrew has a theory.  Mostly, though, he has stories and research... but they lead to a theory (we promise)! Finally, we end the answer to Thomas Takes The Bar Exam #87 regarding constitutional law and a state vs. the federal Confrontation Clause.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at [email protected]. Show Notes & Links
  1. This is the article in The Hill indicating that the prosecution would, in fact, call Rick Gates; earlier, friend of the show Randall Eliason gave a bunch of reasons why they might not.  Oh, and Eliason also has you covered as to why 'collusion' is, in fact, a crime.
  2. This is the laughable Fox News report on how Judge Ellis hates the prosecution; for a dose of reality, you might want to check out this other article in The Hill about how Judge Ellis chastised both sides's lawyers.
  3. If you missed it, this is our Episode 107 where we tackled Serial.
  4. Here's the PBS retrospective on Dershowitz and the OJ trial.
  5. Our Dershowitz story on 'testilying' begins with Mapp v. Ohio, 367 U.S. 643 (1961) and the origins of the exclusionary rule; Dershowitz coined the term 'testilying' in this New York Times article from 1994.
  6. Testilying is, of course, a consistent problem today (see A, B) -- but Dershowitz hasn't spoken about it since 1998 (and even then, in an entirely different context).
  7. Instead, he attacked Baltimore's decision to indict the police in the Freddie Gray case in 2015.
Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! For show-related questions, check out the Opening Arguments Wiki And email us at [email protected]
...more
View all episodesView all episodes
Download on the App Store

Opening ArgumentsBy Opening Arguments Media LLC

  • 4.3
  • 4.3
  • 4.3
  • 4.3
  • 4.3

4.3

3,552 ratings


More shows like Opening Arguments

View all
Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

Amicus With Dahlia Lithwick | Law, justice, and the courts

3,529 Listeners

Cognitive Dissonance by Atheist and Skeptical News

Cognitive Dissonance

4,040 Listeners

The Scathing Atheist by Puzzle in a Thunderstorm, LLC

The Scathing Atheist

3,208 Listeners

Skeptics with a K by Skeptic Media Limited

Skeptics with a K

431 Listeners

God Awful Movies by Puzzle in a Thunderstorm, LLC

God Awful Movies

2,604 Listeners

The Skepticrat by Puzzle in a Thunderstorm, LLC

The Skepticrat

1,987 Listeners

The Lawfare Podcast by The Lawfare Institute

The Lawfare Podcast

6,289 Listeners

Knowledge Fight by Knowledge Fight

Knowledge Fight

4,642 Listeners

Citation Needed by Citation Needed Media

Citation Needed

2,662 Listeners

UnJustified by MSW Media

UnJustified

7,639 Listeners

Cleanup on Aisle 45 with AG & Harry Dunn by MSW Media

Cleanup on Aisle 45 with AG & Harry Dunn

1,890 Listeners

Dear Old Dads by Eli Bosnick, Thomas Smith, Tom Curry

Dear Old Dads

526 Listeners

Where There's Woke by Thomas Smith

Where There's Woke

268 Listeners

Law and Chaos by Liz Dye

Law and Chaos

375 Listeners

The Know Rogan Experience by Cross Pond Productions

The Know Rogan Experience

775 Listeners