SHOW / EPISODE

Delaying the Election, Tiktok Ban/Forced Sale & Teaching Law with Dick Jokes!

52m | Aug 17, 2020

Delaying the Election, Tiktok Ban/Forced Sale & Teaching the Law with dick jokes!


We are back after a slight delay- Walter & John go into further detail on Trump's war with Tiktok- can he ban it using the International Emmergency Economic Powers Act? What about the CFIUS?


Also, Trump suggests delaying the election but the silver lining is- he has no say in whether the elections move forward!


Finally Walter goes into a new bit he is working on teaching the elements of defamation using dick jokes!


Listen to Punk Law 101: https://podcasts.apple.com/us/podcast/punk-law-101-a-legal-news-commentary-comedy-series/id1511678776

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Check out the Punk Law Minute videos!


How Trump can force Tiktok’s hand with the CFIUS- Exon-Florio, FINSA & FIRRMA! https://youtu.be/KEKWJVkOUyE

Can Trump Ban TikTok using IEEPA?: https://youtu.be/FlBhrOU867A

Mary Trump Book & Legal Battle: https://youtu.be/WdZ6cMwfDgg

Trump Subpoena cases explored!: https://youtu.be/QKFrdmipKxY

SCOTUS! McGirt v Oklahoma, Trump v. Vance & Mazars- Punk Law 101- Creek Nation & Trump Subpoenas!: https://youtu.be/mRqUK4Og27Q

SCOTUS! On Robocalls & Electoral College! - Future of the National Vote Compact?https://youtu.be/PncZPSZzwbA

USPTO v. Booking.com- Trademark Law Case: https://youtu.be/ppAXaZUk4n0

Washington NFL Team Trademark Issue: https://youtu.be/4yJEUL_h3tI

Can Donald Trump (Constitutionally) delay the election?: https://youtu.be/ghMHmUNezIc

Nick Sandmann Defamation Settlement (Covington Catholic):https://youtu.be/_6hK3DklyXk


Full Playlist:https://www.youtube.com/playlist?list=PLu8rjs_AKBSUe2OEedZAalOoJash8h2k-


0 USC 1701 (IEEPA) authorizes the president to declare the existence of an "unusual and extraordinary threat... to the national security, foreign policy, or economy of the United States" that originates "in whole or substantial part outside the United States." It authorizes the president, after such a declaration, to block transactions and freeze assets to deal with the threat. (For more info see https://fas.org/sgp/crs/natsec/R45618.pdf)


Falls under the umbrella of the National Emergencies Act (NEA) in 1976 50 U.S.C. § 1601 et seq


Presidents may invoke IEEPA under the procedures set forth in the NEA- the NEA requires that the President “immediately” transmit the proclamation declaring the emergency to Congress and publish it in the Federal Register. Congress must review every 6 months.


“ IEEPA requires that the President consult with Congress “


Once the President declares a national emergency invoking IEEPA, he or she must immediately transmit a report to Congress specifying:

(1) the circumstances which necessitate such exercise of authority;

(2) why the President believes those circumstances constitute an unusual and extraordinary

threat, which has its source in whole or substantial part outside the United States, to the

national security, foreign policy, or economy of the United States;

(3) the authorities to be exercised and the actions to be taken in the exercise of those

authorities to deal with those circumstances;

(4) why the President believes such actions are necessary to deal with those circumstances;

and

(5) any foreign countries with respect to which such actions are to be taken and why such

actions are to be taken with respect to those countries.



Bernstein v. US Department of Justice (9th Circuit) Junger v. Daley (6th Circuit)

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