OA261: Sentencing Paul Manafort

Opening Arguments

Today's extra-long episode contains your guide to all of the developments involving Paul Manafort over the past week. What does it all mean and what can we expect next? Listen and find out!

We begin, however, with a brief update on Episode 247 now that the Department of Defense has issued a Directive-Type Memorandum (DTM 19-004) implementing the ban on transgender service in the military. With the help of some friends of the show, we break down the most pressing issues on the near horizon.

Then, it's time for All Things Manafort (TM), which sneakily includes a deep dive into exactly how the U.S. Federal Sentencing Guidelines came into effect, when they were mandatory, how they became advisory, and what the hell happened in the Eastern District of Virginia.

But that's not all! After that, we have a discussion on when sentences should run consecutively versus concurrently, and how that interacts with Judge Amy Berman Jackson's sentencing decision in Manafort's DC case.

AND we also have breaking news regarding new state charges brought against Manafort as soon as both federal sentences were handed down.

And if that's not enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #118 that's a dreaded real property question. As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

AppearancesNone! If you'd like to have either of us as a guest on your show, drop us an email at [e-mail].

Show Notes & Links

1. First discussed trans ban back in Episode OA: 247
2. We were assisted by Alice Ashton – trans Arabic linguist who contributed to the Advocate article located here and by Deirdre Anne Hendrick.
3. Here is a link to Directive-Type Memorandum (DTM) 19-004.
4. This is the Feb. 22, 2018 Mattis directive.
5. Here are the DSM-5 guidelines on gender dysphoria
6. We first discussed the Sentencing Guidelines in Episode OA: 162.
7. The accompanying statute is 18 U.S.C. §3553.
8. For a primer on “variances” versus downward departures, check out the Sentencing Commission guidelines.
9. Judge Ellis transcript can be found here.
10. Concurrent/consecutive is governed by 18 U.S.C. § 3554.
11. Manafort’s NY State indictment involves Residential Mortgage Fraud 1st degree (4 counts) under Penal Law § 187.25 and Falsifying Business Records 1st Degree (8 counts) under §175.10.
12. We discussed Gamble v. U.S. in Episode Episode OA: 215.

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