It's OA Bar Prep with Heather! First we get the answer to last week's pizza predicament, and then we get question 45 - the case of the uneasy easement! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1079 - An OA Spooktacular! But also a normal episode. We continue our ongoing series on fascism and the law with a fresh perspective on a familiar American legal horror story. Matt explains the terrifying legal context surrounding the 1692 Court of Oyer and Terminar which sentenced dozens of innocent Massachusetts colonists to hang for the extremely real felony of practicing witchcraft--and an unexpected defense strategy which could have spared them. What can the most terrifying run of wrongful executions in US history teach us about the dangers of governance by rumor, paranoia, and conspiracy theories 332 years later? SOURCES:  In the Devil’s Snare: The Salem Witchcraft Crisis of 1692, Mary Beth Norton (2003) “Salem Witchcraft Trials Research Guide,” Congregational Library (2024)(links to primary sources) 18 USC 611 (voting by aliens) Order granting preliminary injunction against Oklahoma’s anti-Sharia law amendment in Awad v. Ziriax et al, W.Dist. of OK (2010)(later upheld by 10th Circuit   Check out the OA Linktree for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1078 - The Supreme Court is back from their vacation and is set to ruin a bunch of lives again! They start off with Glossip v. Oklahoma, another opportunity for the Republican ghouls on the Court to execute a potentially innocent man. But not to worry, Matt's Footnote Fetish(tm) will bring us wayyyy back into happy territory, as a favorite character from OA past is in the news in the best way! Check out the OA Linktree for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

It's OA Bar Prep with Heather! We get the answer to last week's hot firefighter question, and then a new question involving pizza and promised payment! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1077, Part 2 of Matt's MAGA is Fascist series. The MAGA movement has just taken a hard turn  to the extreme right with openly fascist messaging from Donald Trump about “migrant crime,” “occupied cities,” and “bad genes.”  We take a moment to absorb this alarming reality before Matt also explains how US immigration policy has always been the leading edge of American protofascism--and why Adolf Hitler personally admired it--before taking a look at Trump’s actual 2024 immigration promises and what keeping them would mean for us all. Hitler's American Model: The United States and the Making of Nazi Race Law, James Q. Whitman (2017) “Trump Apparently Has a List of Things He Loves About Adolf Hitler,” Tori Otten The New Republic (3/11/24) “Sweeping Raids, Giant Camps, and Mass Deportations: Inside Trump’s 2025 Immigration Plans,” Charlie Savage, Maggie Haberman, Jonathan Swan, The New York Times (11/23/2023) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA 1076: In the wake of the devastation left by hurricanes Helene and Milton, we examine the state of FEMA’s Congressional funding. Has disaster relief actually become a “partisan” issue, or is this really just a Republican thing? How are these funds distributed, and why can’t Congress ever seem to fully fund anything? Matt explains why the current state of Congressional appropriations has him looking for flights to Denmark. Then: Why is Ron DeSantis’s Department of Health threatening to bring criminal charges against local TV stations airing pro-choice ads in support of Florida’s proposed Amendment 4? Finally, we drop a footnote to check in on the current state of the longest-running criminal trial in Georgia history and listen in on what the judge most recently assigned to the Young Thug RICO case has had to say to Fani Willis’s office about how they are handling it. “Disaster Relief Fund State of Play: In Brief,” Congressional Research Service (8/14/2024) “The Congressional Appropriations Process: An Introduction,” Congressional Research Service (11/30/2016) Letter sent by Florida Department of Health General Counsel John Wilson to WFLA-TV dated 10/3/2024 Get 15% off OneSkin with the code OPENING at https://www.oneskin.co/ #oneskinpod If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

It's T3BE43! First, Heather gives us the answer to last week's question about the 6th amendment right to a jury trial, and then we get a fun question involving an issue not talked about enough: discrimination against hot firefighters. Get 15% off OneSkin with the code OPENING at https://www.oneskin.co/ #oneskinpod Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Is it okay to call Trump a “fascist”? Is our democracy itself really on the line next month? And what might our legal system look like after a second Trump term? We look behind the headlines to begin to examine the nuances of these questions in this first of several planned episodes on the current state of the American right. The Anatomy of Fascism, Robert Paxton (2004) “The Rise of Competitive Authoritarianism,” Steven Levitsky and Lucan A. Way, Journal of Democracy (April 2002) They Thought They Were Free (full text), Milton Meyer (1955) The Road to Unfreedom: Russia, Europe, America, Timothy Snyder (2018) Nothing is True and Everything is Possible: The Surreal Heart of the New Russia, Peter Pomerantsev (2015) Get 15% off OneSkin with the code OPENING at https://www.oneskin.co/ #oneskinpod If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1074: We begin with a quick look at JD Vance’s cringiest moment during this week’s VP debate. Does the junior senator from Ohio know anything about immigration law--let alone vice presidenting? In our main story: Two of last term’s worst U.S. Supreme Court decisions surrounding “official acts” have been playing out in real time this week in two of the most important criminal prosecutions in the US. First, special counsel Jack Smith has just filed a monster of a brief in the DC case against Donald Trump for his responsibility for the events of January 6th, 2001. Why is this filing so unique, and what can we learn about the evidence against Trump and DOJ’s strategy going forward? Meanwhile, New York Mayor Eric Adams has filed a motion to dismiss his pending bribery charge on the grounds that bribery is pretty much legal now. Could the SCOTUS decision in Snyder v. US actually make a difference here? Finally, Matt drops a rare animal law footnote to explain how the fate of one adorable little beaver became the single most important issue facing the Massachusetts government this week. Video of JD Vance badly mansplaining immigration law during the VP debate Special counsel Jack Smith's Motion for Immunity Determinations (10/3/24) Eric Adams’s motion to dismiss Count V of his pending indictment (9/30/24) Petition to save Nibi the Beaver  Governor Maura Healey’s late-breaking announcement re: the fate of Nibi the Beaver Snyder v. US (June 26, 2024) Get 15% off OneSkin with the code OPENING at https://www.oneskin.co/ #oneskinpod If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Calling an audible here for reasons explained in the intro! Instead of T3BE this week, here is the very best day of Eli Bosnick playing Michael Cohen for Gavel Gavel. This was the infamous day of the Trump Trial when Todd Blanche start cross examination in the stupidest, weirdest way imaginable. Enjoy! Get 15% off OneSkin with the code OPENING at https://www.oneskin.co/ #oneskinpod If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Get 15% off OneSkin with the code OPENING at https://www.oneskin.co/ #oneskinpod OA1073 - This week we are serving up the sticky Turkish delight which is the US Attorney for the SDNY’s 53-page speaking indictment against NYC mayor Eric Adams. Matt proudly explains why Boston is historically better at (among other things) corruption than New York before we get into the quid and the quo of it all. Finally, we review Adams’s weird career as a public safety advocate and self-published author and consider what’s next for this “true friend of Turkey.” U.S. v Eric Adams indictment (unsealed 9/26/24) Google Books excerpt of Don’t Let it Happen, Eric Adams (self-published, 2009) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Secure your privacy with Surfshark! Enter coupon code OPENING for 4 months EXTRA at https://surfshark.com/OPENING We begin by considering Alexandria Ocasio-Cortez's claim that Israel's recent unprecedented operation against Hezbollah's pagers and walkie-talkies was a violation of international law. Was this one of the most sophisticated military intelligence operations in history or an indiscriminate act of terror? Did the US Supreme Court just allow Missouri to execute an innocent man? We consider the evidence against Marcellus Williams as well as the many legal and Constitutional issues with his conviction--and just how much blood enemy-of-the-show Missouri Attorney General Andrew Bailey has on his hands in his rush to push forward an execution that the same DA's office which convicted Williams 23 years ago was desperately trying to stop. Finally, Matt drops a footnote to share his legal strategy for recovering 20 years of his digital life from the largest social media company on the planet. Do you really have to have (or be) a lawyer just to talk to Facebook's managers? Revised Statutes of Missouri Sec. 547.031  St Louis Prosecuting Attorney’s motion to vacate Marcellus Williams’s murder conviction Marcellus Williams’s Application for Stay of Execution to the U.S. Supreme Court (9/23/24) “How small claims court became Meta's customer service hotline,” Karissa Bell, Endgadget (6/20/240   If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Secure your privacy with Surfshark! Enter coupon code OPENING for 4 months EXTRA at https://surfshark.com/OPENING The answer for T3BE41 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Secure your privacy with Surfshark! Enter coupon code OPENING for 4 months EXTRA at https://surfshark.com/OPENING We are excited to welcome Georgetown law professor Steve Vladeck back to Opening Arguments for a look back at how the Supreme Court responded to the infamously unruly--and increasingly more extreme--Fifth Circuit Court of Appeals in its last term. How did the 5th “win by losing,” and why is there still cause for future concern even after SCOTUS reversed all but three of the eleven cases it took up from them? What kind of messages are the high court justices trying to send back to the 5th, and why aren’t they receiving them?  Also discussed: Neil Gorsuch’s most recent not-quite-true statement, why the Supreme Court continues to tolerate the dumbest standing arguments on Earth, the 5th’s use (and abuse) of administrative stays, and what may or may not be wrong with Matt’s brain. Subscribe to Prof. Vladeck’s free weekly One First newsletter “The Fifth Circuit Won by Losing,” Steve Vladeck, The Atlantic (July 9, 2024) “30 Hours of SB4 Whiplash,” Steve Vladeck, LexisNexis.com (March 20, 2024) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1070 Secure your privacy with Surfshark! Enter coupon code OPENING for 4 months EXTRA at https://surfshark.com/OPENING We begin today’s show with updates on two small victories for the power of art against the Donald Trump legal-industrial complex before turning to our main story: the biggest leak of internal communications in Supreme Court history.  We review what we can learn about how Chief Justice John Roberts has been managing his (and the Court’s) public image from the extremely unauthorized release to the New York Times of memos that we were never supposed to read.  Also, Fulton County Judge Scott McAfee has just eliminated three more counts from the Georgia RICO indictment against Donald Trump and the co-conspirators charged with their attempt to submit a false slate of Presidential electors to a federal court based on 134-year-old Supreme Court precedent. What’s going on here, and how safe is this indictment now? Finally in this week’s Footnote Fetish, Matt explains why some scruffy-looking nerf-herder is trying to convince a British court that his legal rights were violated by Lucasfilm’s digital resurrection of the deadliest villain in Star Wars history.  How Chief Justice Roberts Shaped Trump’s Supreme Court Winning Streak - The New York Times (nytimes.com) (9/15/24) Fulton County Judge Scott McAfee’s order dismissing defendants’ motion to dismiss RICO indictments against Donald Trump et al under the Supremacy Clause (9/12/2024) UK High Court’s judgment in Tyburn FIlm Productions Ltd v. Broughton et al If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Secure your privacy with Surfshark! Enter coupon code OPENING for 4 months EXTRA at https://surfshark.com/OPENING The answer for T3BE39 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1069   Matt is doing a bit of blending of work and pleasure today, by sharing with everyone his footnote fetish. Let's all make this a safe place for Matt to share his more controversial proclivities. Joining us is the author of the book in the episode title, Peter Charles Hoffer. Professor Hoffer is Distinguished Research Professor of History at the University of Georgia. Unlike the justices, Professor Hoffer is an actual historian. Listen and find out not only the fascinating footnote history, but also yet more reasons why originalism and "history and tradition" are not good ways for untrained amateur historians like Samuel Alito to do jurisprudence. If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1068 We begin with a quick review of some of the stranger legal issues raised in this week’s Presidential debate, including such mysteries as whether it is legal to murder babies upon delivery and the factual guilt of the Central Park Five 22 years after they were exonerated by DNA evidence and a third-party confession. In our main story, we review the chaos that the Supreme Court’s legalization of Presidential crime is already causing in Donald Trump’s hush-money case and discuss the relative merits of pushing his sentencing back until after the November election. Finally, Matt drops a footnote to explain an overlooked legal story in this week’s news involving a remarkably rare grant of a common defense motion. Filings from People v. Trump (NYCourts website) SDNY Judge Hellerstein’s order denying Trump’s notice of removal (9/3/24) Justice Merchan’s order continuing Trump’s sentencing hearing to November 26, 2024 (9/6/24) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE39 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1067 After some of the strangest post-conviction twists in US legal history, the Supreme Court of Maryland has just reinstated Serial killer Adnan Syed’s conviction for the murder of his high school ex-girlfriend Hae Min Lee 25 years ago. We begin by revisiting Matt’s first-ever legal podcasting deep dive with Thomas on Serious Inquiries Only (SIO354) shortly after Syed’s conviction was initially reinstated by the Maryland Appellate Court last April. How accurate were his predictions for what Maryland’s highest court would do with this, as well as for the fallout which might follow if a new team of prosecutors were to be required to go before a new judge to actually present the evidence upon which they claimed to have brought the motion which freed Syed?  Matt then briefly breaks down the Supreme Court of Maryland’s lengthy decision and explains why this is one of the strongest statements for victims rights ever made by any US state court. What are the odds of the prosecution now bringing a legitimate motion for a new trial? Why doesn’t Adnan Syed have to return to prison now that officially once more stands convicted of first-degree murder? And would we even be here at all if a man who has spent the last 25 years lying about a murder that he committed with his bare hands at the age of 17 hadn’t been introduced to a massive international audience by the only podcast your mother has ever listened to?  Maryland Supreme Court’s decision in Adnan Syed v. Young Lee as Victim’s Representative (9/3/24) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1066 Privyet, fellow citizens! We begin with a quick look at recent events following  Jack Smith’s new superseding indictment in Trump’s January 6th case in DC. Why are Trump’s lawyers saying that Clarence Thomas “directed” them to file a motion to dismiss? And does DC federal judge Tanya Chutkan even care that this defendant who happens to be charged with four counts of trying to overturn an election is running for President at all?  Then in our main story: In an indictment filed this week, the Department of Justice has charged two Russian state media operatives with funding an officially unnamed production company which is allegedly (but also definitely) Tenet Media, the home of mediocre anti-woke crusaders like Dave Rubin, Tim Pool, and Lauren Southern (among others). Thomas takes us through some of the most entertaining facts alleged in the indictment, including an extremely real investor who is definitely in Paris and not Moscow, the Tucker Carlson Russian propaganda video which was a little too much even for Tenet’s producers, and why anyone (including Tim Pool) could have ever believed that Tim Pool could have possibly been worth $100,000 an episode. Matt then breaks down some of the history of the Foreign Agents Registration Act and how this indictment sets a new standard for its enforcement in the 21st century--and what (and who) might be next. DOJ indictment of Kostiantyn Kalashnikov and Elena Afanasyeva (9/4/24) FARA on Facebook, Joshua Fattel, NYU Journal of Legislation and Public Policy (2019)   If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE37 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1065 (This episode first appeared on Gavel Gavel Aug. 18th) Three years ago, cinematographer Halyna Hutchins was fatally shot on the set of Alec Baldwin's film, Rust. Alec Baldwin (in addition to armorer Hannah Gutierrez-Reed) was subsequently criminally charged with involuntary manslaughter. Recently, Baldwin's counsel brought a motion for dismissal and sanctions, and after a shocking day in court, Judge Mary Marlowe Sommer dismissed the case with prejudice. Matt and Thomas walk through the events of that hearing and try to figure out what in the world the prosecutors were thinking. State of New Mexico v. Alexander Rae Baldwin III (Alec Baldwin) Defendant's Motion for Dismissal and Sanctions Under Brady, Giglio, and Rule 5-501 (pdf) Order Granting Defendant's Motion for Dismissal and Sanctions Under Brady, Giglio, and Rule 5-501 NMRA (pdf)

OA1064 One angry Matt brings us two stories from this week’s news: After taking some time to think about the Supreme Court’s decision that former US presidents can’t be prosecuted for anything involving--or in any way touching on--”official acts,” special counsel Jack Smith has returned to a grand jury to obtain a superseding indictment in his DC prosecution of Donald Trump. How has he retooled the charges relating to the January 6th conspiracy? How much weaker will this case be without the many federal government witnesses who would otherwise have been called, and what happens next? Here’s something everyone should know: AGs in 16 red states are now taking a bold and principled stand against--and this is 100% true--traditional marriage. In a suit filed in a Texas federal court last week, these staunch defenders of our most cherished family values argued that there are at least 550,000 US citizens who should be exiled from not only from their states but from the United States for ten years because they married the wrong person--and that the very existence of these families is causing their states “irreparable harm.” Matt controls his unbounded rage just enough to break down one of the weakest and most inhumane challenges to immigration policy in modern history before calling out 16 people who should never hold public office anywhere again. Superseding indictment in U.S. v. Trump (filed 8/27/24) Implementation of Keeping Families Together (Federal Register, 8/23/24) Complaint brought by 16 Republican AGs to stop the Biden administration’s “Keeping Families Together” program (8/23/24) Donation page for Elad Gross, the only candidate in the MIssouri AG’s race who has not argued to a federal court in Texas that 9,000 of his own voters should be exiled from the United States for 10 years If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE37 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!    

Hey folks! Wanted to give you all a preview of the bonus we just released. If you'd like to hear the full thing, please head to patreon.com/law and pledge at the 2nd tier or above! Thanks! Yay LAM is back and booker than ever! Neil Gorsuck wrote an incredibly bland book and Matt read it for some reason. Let's find out how much suck can a Gorsuck suck if a Gorsuck could suck suck. PS yes I said I'd bleep stuff on the main feed but since this ended up being a bonus I'm just marking it explicit instead.

OA1063 We are excited to bring you a fascinating conversation with Attorney Diana Adams (they/them) of the Chosen Family Law Center, a New York City-based non-profit which advocates for LGBTQIA and other non-traditional families of all backgrounds and descriptions. Diana is one of the nation’s leading advocates for rethinking how governments, courts, employers, and other institutions can accommodate committed relationships beyond the norms of romantic and/or sexual monogamy, including those involving more than two people, platonic partnerships, non-traditional parenting arrangements, and the many other ways in which people can choose to be in family relationships. Topics include (among many other things) the surprisingly racist history of the term “nuclear family,” developments in local and state law since the Supreme Court’s monumental recognition of full marriage equality in 2015, and what an immigration system not fundamentally based in a 1950’s conception of white heteronormative marriage might look like.  Donate to the Chosen Family Law Center “Why US Laws Must Expand Beyond the Nuclear Family,” Diana Adams (TED Talk)(3/25/2022) “Three's Company, Too: The Emergence of Polyamorous Partnership Ordinances” - Harvard Law Review (March 2022) Sex at Dawn: The Prehistoric Origins of Modern Sexuality, Ryan, Christopher, Jetha, Cacilda (2010) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1062 We begin with a brief update on Disney’s truly Mickey Mouse arguments in a Florida wrongful death lawsuit before discussing three other questionable legal claims from the week’s news: As expected, Hunter Biden has tried to use findings from a Florida federal court that special counsel Jack Smith was unlawfully appointed to have his own pending federal tax charges dismissed in California. Can this creation of Aileen Cannon’s imagination survive in the wild? Speaking of the BIDEN CRIME FAMILY: we review the final report from the House Republicans in support of impeaching Joe Biden--for, well you know. Something. If anyone wants to get around to it. What are we even doing here? News this week that presidential candidate Donald Trump may have discussed delaying a Gaza ceasefire agreement with Israeli Prime Minister Benjamin Netanyahu until after the election has set off yet another round of online demands for prosecution under the Logan Act of 1799. What’s the deal with this 225-year-old law--and are we ever going to get around to actually using it? Order denying Hunter Biden’s motion to reconsider his previous motion to dismiss (8/19/24) House Republicans’ Report of the Impeachment Inquiry of Joseph R. Biden, Jr. (8/19/24) “Non-Enforcement by Accretion: The Logan Act and the Take Care Clause,” Daniel B. Rice, Harvard Journal on Legislation (2018) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE36 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1061 This week Matt shares a mostly under-the-radar story which has completely changed his understanding of the events of September 11, 2001.  As the 23rd anniversary of the attacks approaches, a mountain of information emerging from lawsuits filed by 9/11 families has revealed far more extensive ties between both al-Qaeda and at least two of the hijackers to the Saudi government than were ever previously known. Why has justice taken so long? How does the law even allow this suit to proceed, and why did Congress have to override Barack Obama’s veto to allow it to move forward? Why has some of the best journalism about this lawsuit been from Golf Digest? And has the time come for a second 9/11 commission to re-evaluate everything we thought we knew about the day that changed everything? Complaint in Ashton v. Kingdom of Saudi Arabia (filed March 20, 2017) Kingdom of Saudi Arabia’s Memorandum in Support of Motion to Dismiss (filed 5/10/24) Plaintiffs’ Opposition to Motion to Dismiss (filed 5/7/24) Blood, Oil and Golf: The emergence of LIV Golf highlights the Kingdom’s troubling influence Alan Shipnuck, Golf Digest (8/19/2022) New 9/11 Evidence Points to Deep Saudi Complicity, Daniel Benjamin and Stephen Simon, The Atlantic (5/20/24) “The Declassified 28 Pages,” 28Pages.org 60 Minutes excerpt which includes Omar Al Bayoumi’s 1999 video of the US Capitol (6/20/2024) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1060 This week Matt breaks down four very different legal actions:  1. Donald Trump is suing the United States--yes, the same United States that he is running to be the President of--for $100 million based on the FBI’s alleged violation of the Florida common law tort of “intrusion upon seclusion” in executing a valid search warrant on Mar-A-Lago two years ago. Is Trump just spiking the legal football after his big win in front of federal judge Aileen Cannon in Jack Smith’s documents case, or is there actually something worth talking about here? 2. Is the Walt Disney Corporation actually arguing that signing up for a 30-day trial of its Disney+ streaming service protects them from the tragically fatal consequences of negligence at a restaurant in its Disney Springs shopping center? Could that really be a thing that licensed attorneys wrote down, printed, reviewed, signed, and filed with a court? We consider what might be one of the most bizarrely evil defenses ever raised in a wrongful death suit. 3. Soul singer Isaac Hayes’s family has joined the dozens of artists who have spoken out against their music being used at Trump rallies, issuing a cease-and-desist letter to the campaign alleging that it has used  Hayes’s song “Hold On! I’m Coming” at least 134 times even after being asked to stop. To what extent do artists have “moral rights” under US intellectual property law, and what alternatives are available to them when they don’t? We  riffing on a particularly interesting failure to harmonize copyright and antitrust law. 4. French authorities have announced that they will investigate claims of cyberbullying against Olympic boxing champion Imane Khelif, a ciswoman from Algeria who was harassed online by J.K. Rowling, Elon Musk, Donald Trump, and many more of the world’s finest people with completely baseless claims that she was not a biological woman. We debate the merits of this uniquely European approach to criminalizing speech and marvel at the unmatched powers of TERF ideology to rot the human brain (and soul). Hayes Enterprises cease and desist letter (8/11/2024) BMI’s “Political Entity Licensing Terms”  “License to Rock,” Leah Scholnick, Cardozo Law Review (4/7/2022) Doctor dies after eating dinner at Raglan Road Irish Pub and Restaurant at Disney Springs, lawsuit alleges | FOX 10 Phoenix (2/26/24)(includes full text of plaintiff’s complaint)

The answer for T3BE35 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1059 This week we welcome Rhode Island state senator Meghan Kallman for a conversation about the power of state lawmaking and ordinary people in elected office. Meghan is a professor of sociology at UMass Boston whose work in both the theory and practice of how people organize led her to a parallel career in politics. As the Democratic Presidential ticket coalesces around a woman and (for the first time since 1980!) a non-lawyer, we discuss the unique challenges which women still face in US politics at every level as well as what it is like for someone with no legal training or no political experience to run for and hold elected office.  Also: How can state and local governments make progressive change even when the federal government can't or won't act? What is it like for someone with no legal training to write laws? And why is Rhode Island the last state in the Union to take an entire day off to celebrate the US victory over Japan?  Meghan Kallman’s campaign website The Conceivable Future, Meghan Kallman and Josephine Ferorelli (2024) “Sousaphone vs the KKK,” Christian Science Monitor (7/23/15)

OA1058 We begin with Neil Gorsuch’s recent appearance on Fox News. How normal is it for a sitting Supreme Court justice to go on Fox News, and did Gorsuch really just threaten the Biden administration over its relatively minor court reform proposals?  In our main story, we break down two major antitrust suits from the past week: Elon Musk’s ridiculous claim that corporations which refuse to advertise on a social media platform which has failed to regulate neo-Nazi and animal abuse content are violating Section 1 of the Sherman Antitrust Act of 1890, and District Court judge Ahmet Mehta’s extremely reasonable findings that Google’s anticompetitive practices are in violation of Section 2. Also, Matt has some nice things to say about Richard Nixon. White House announcement on Biden court reform proposals (7/29/24) About GARM (WFANet.org) "GARM's Harm" report from the House Judiciary Committee (7/10/2024) Complaint in X v. GARM et al (8/6/2024) “Is Google Getting Worse? A Longitudinal Investigation of SEO Spam in Search Engines” J. Bevendorff and M. Wiegmann, et al., Leipzeig University (2024) Judge Amit Mehta’s full ruling in US v. Google (8/5/24) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE34 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1057 We’re giving ourselves a break this week from Trump, the Supreme Court, and all things 2024 to indulge in one of Matt’s all-time favorite subjects: CIA mind control experiments! In this extra-carefully-researched episode, Matt breaks down the history of the federal government’s MKULTRA  program to fund research in brainwashing, mind control, and LSD on unsuspecting U.S. and (for some reason) Canadian citizens, as well as the inherent legal issues in trying to sue the CIA for something you can’t remember and for which most evidence has been destroyed. Why was the CIA funding a sadistic mad scientist in Montreal, and is there any hope of justice for the families of his victims today?  BOOKS Poisoner in Chief: Sidney Gottlieb and the CIA Search for Mind Control , Stephen Kinzer (2019) The Search for the Manchurian Candidate: the CIA and Mind Control, John Marks (1979)(link goes to full text on CIA website) The Devil's Chessboard: Allen Dulles, the CIA, and the Rise of America's Secret Government: David Talbot (2016) CHAOS: The Truth Behind the Manson Murders, Tom O’Neill (2020) LEGAL PROCEEDINGS Orlikow v. United States, 682 F. Supp. 77 (D.D.C. 1988) CIA v. Sims :: 471 U.S. 159 (1985) “PROJECT MKULTRA, the CIA’s Program of Research in Behavioral Modification,” (transcript of joint Senate hearing)(8/3/1977) Judgment dismissing former Deputy U.S. Marshall Wayne Ritchie’s claims against the CIA in Ritchie v. U.S. (N.D. CA 2005) ARTICLES ANATOMY OF A PUBLIC INTEREST CASE AGAINST THE CIA, Joseph Rauh and Jim Turner, Hamline Journal of Law and Public Policy (Fall 1990) MK-ULTRA: Quebec high court says U.S. has immunity in Canada | Montreal Gazette (10/3/23)  CIA Denies Conspiracy Theory That It Used MKUltra on Trump Shooter, Gizmodo.com (7/28/24) “After Learning of Whitey Bulger LSD Tests, Juror Has Regrets,” PBS  (2/18/2020) “Before He Was the Unabomber, Ted Kaczynski was a CIA Mind Control Test Subject,” Washington Post (6/11/2023) PODCASTS & DOCUMENTARIES Brainwashed, Canadian Broadcasting Corporation (2024) Madness, WBUR (2020) The Sleep Room: CIA-funded experiments on patients in Montreal hospital (1998) - The Fifth Estate (CBC) Wormwood, Errol Morris, Netflix (2017)

OA1056 As the Trump campaign celebrates the “demise” of the Heritage Foundation’s Project 2025, we check in on reports of its death to see just how exaggerated they might be. Does it even matter that the ultra-conservative push to remake the personnel and policies of the federal government run by people who talk like Bond villains is (allegedly) no longer in the policy game? And how did things get to the point that these people were too extreme for Stephen Miller? We then discuss the Supreme Court’s recent decision to dismiss Moyle v US without a decision on the merits of Idaho's attempts to criminalize nearly all abortions. Why did the conservative justices rush to jump into this case only to find that they never should have done that? What can we learn from this week's unprecedented inside leaks about how this decision? Finally, a quick check on the state of Donald Trump's gag order and Nikki Haley's weird attempt to get her name out of her treacherous former SuperPAC's collective mouth. 42 USC 1395dd (relevant EMTALA provision) Idaho “Defense of Life Act” St Luke’s Medical System’s amicus brief in Moyle (detailing specific harms to pregnant people of allowing Idaho’s so-called “Defense of Life Act” to go into effect) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE33 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1055 Charis Kubrin is a professor of criminology at University of California Irvine whose extensive analysis of rap lyrics has provided the basis for her expert testimony in cases around the U.S. in which an artist’s work has been used against them as criminal evidence. Professor Kubrin joins us to explain what brought her to this subject, the history of “rap on trial,” and her ongoing work with the defense bar to push back against this problematic and almost inevitably racist practice. Charis E. Kubrin’s faculty bio at the UCI School of Social Ecology Rap on Trial Legal Guide (2nd Edition), Jack Lerner & Charis Kubrin the Rap on Trial website If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1054 As the Democratic Party comes together around presumptive nominee Kamala Harris after Joe Biden's surprise exit, we take another look at the Vice President”s career and political record. Is she any more of a “cop” than any other career prosecutor? How will history remember this VP? What might we expect from a President Harris that we wouldn't from a second Biden term? And why did Matt just get kicked out of a library in Rhode Island? We take on all of these questions and many more in this rapid response episode, with much more to come as this unprecedented race continues to develop. If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE32 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1053 We had a different episode ready, but this development warranted an emergency episode. Matt answers many of the most pressing questions about what happens next. Can Harris get on the ballot? Does she get access to the funds Biden had? What happens with Biden's delegates? And is it illegal to drop out of a presidential race... for some reason... as many Republicans are saying? If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1052 CAAAANNNONNNNNBALLLLLL! Judge Aileen Cannon has just made a major splash in the Trump trials by dismissing the entire federal classified documents case based on her findings that special prosecutor Jack Smith was unlawfully appointed.  We try our best to pretend that this 93-page decision is a regular order released by a normal judge, at least for a few minutes, before moving on to ask: Should we have seen this coming? Does this explain Clarence Thomas’s weirdly unprompted thoughts on the same subject in the Trump immunity case earlier this month? What happens next, and is there any chance it could happen without Fort Pierce, Florida’s best, worst, and only federal judge?  BONUS PATRON CONTENT: Patrons will also hear us listen to the New York Times rub its collective chin as its The Daily podcast considers Aileen Cannon’s mysterious ways and unknowable motives.  Aileen Cannon's 93-page order granting Trump ‘s motion to dismiss  28 U.S. Code § 533  (Investigative and other officials; appointment) United States v. Nixon :: 418 U.S. 683 (1974)  What We Can Learn from American History's First Special Prosecutor, TIME (1/5/19) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE31 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1051 In the wake of... one of the many moral panics likely started by Chris Rufo, many "Don't Say Gay" laws were passed. I don't know about you, but I had just figured these had to be unconstitutional. After all, we have freedom of speech, right? There's an Amendment about that, right? Well....... Returning to the show to take us through this is the best namer of law review articles, Caroline Mala Corbin. Caroline is a law professor at the University of Miami, focusing on the First Amendment's speech and religion clauses, reproductive justice, and the principle of equality that should run through it all. Check out her paper "The Government Speech Doctrine Ate My Class" here! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1050 Legal podcaster Charles Star (ALAB, Mic Dicta) joins to share his administrative law expertise as we consider the end of the Chevron doctrine and what comes next. Why is everyone so worked up about the overturning of a ruling reached by a conservative SCOTUS at the behest of Ronald Reagan, Neil Gorsuch's mom, and one of the worst polluters in world history? Why are immigration lawyers (including Matt) quietly celebrating the end of deference to administrative agencies? And how might a lesser-noticed decision from the last day of the Supreme Court’s term fuel a new era of challenges to administrative regulations? Chevron v  Natural Resources Defense Council (1984) Loper Bright Enterprises v. Raimondo (6/28/24) Corner Post v. Board of Governors (7/1/24) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE30 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1049 Qualified Immunity is insane. It's one of several ways that police evade accountability for truly monstrous acts. As unpleasant as that is, we're fortunate to have an amazing guest to take us through the history of it, as well as a new case that may be cause for optimism! From her UCLA Law bio: Joanna Schwartz is Professor of Law at UCLA School of Law and the Faculty Director of the David J. Epstein Program in Public Interest Law and Policy. She teaches Civil Procedure and a variety of courses on police accountability and public interest lawyering. She received UCLA's Distinguished Teaching Award in 2015, and served as Vice Dean for Faculty Development from 2017-2019. Professor Schwartz is one of the country's leading experts on police misconduct litigation and the author of Shielded: How the Police Became Untouchable (2023). If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1048 This decision is absolutely outrageous. It is in the hall of fame of worst Supreme Court Decisions in our nation's history. It's that bad. As such, we recorded a ton, there is yelling involved. And cursing. And we even did an extra length patron episode to answer some of your questions. Neil Gorsuch recently promised that the U.S. Supreme Court’s decision on presidential immunity would be one “for the ages,” and Chief Justice John Roberts has certainly delivered here. In this special episode recorded on the 248th anniversary of history’s most famous rejection of monarchical tyranny, we review the historical context and (alleged) legal foundations of Trump v. U.S. (July 1, 2024). How much power has the Supreme Court just given future presidents? Are the unusually stark warnings of the authoritarian consequences of this decision from the liberal dissenters as “disproportionate” as Roberts claims, or are they exactly proportionate to the broad protections against investigation and prosecution which it seems to provide? Matt shares his perspective from nearly two decades of working with people seeking asylum from failed (and failing) democracies, and we close with our hopes for a better American future. U.S. v. Trump (July 1, 2024) U.S. v. Nixon (July 27, 1974)  Trump’s motion to dismiss DC federal charges on the basis of presidential immunity Judge Chutkan’s decision denying Trump’s motion to dismiss DC Circuit’s unanimous decision affirming denial of Trump’s motion to dismiss If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1047 We continue our coverage of the contempt hearing against Young Thug attorney Brian Steel with a very special guest! Attorney Ashleigh Merchant is not only the president of the Georgia Association of Criminal Defense Lawyers, but most recently known for her work in seeking to recuse Fulton County prosecutor Fani Willis from the Trump RICO case. Attorney Merchant provides her impressions of the YSL RICO trial and why  GACDL’s has to have a special “strike force” to defend attorneys in contempt matters before giving us the play-by-play on her cameo appearance in the dramatic conclusion to the hearing which we covered in Part I yesterday.  YSL Trial Day 88, Fox 5 Atlanta (full video) Full 56-page transcript of ex parte hearing with Judge Glanville, Fulton County DAs, and witness Kenneth Copeland held June 10, 2024 Ashleigh Merchant’s bio page from the Merchant Law Firm website

OA1046 Bit of a special schedule this week, for reasons that I over-explain in the first 5 minutes of this episode. But it's good reasons! Hope you enjoy. This is a part 1 of an extremely good Gavel Gavel episode. If you are a Gavel Gavel patron, you can listen to the full version in that feed now! Otherwise, stay tuned for part 2 tomorrow, with special guest Ashleigh Merchant!

OA1045 As the Supreme Court gives itself an extension on its homework, we review two of its most recent completed assignments:  Department of State v. Munoz (6/21/2024) What rights do US citizens have to object to the arbitrary denial of a spouse’s immigrant visa? Matt explains the arbitrary perils of the consular visa processing system and Amy Coney Barrett’s dangerously misguided search for deeply rooted history and tradition in an immigration system deeply rooted in white supremacy. We also discuss Justice Sotomayor’s warning in dissent about  Snyder v. U.S. (6/26/24): In fantastic news for anyone looking to give or receive a bribe, a 6-3 conservative majority has effectively read any penalties for paying a public official off after they have given you what you wanted out of federal law. Brett Kavanaugh reminds us what he was put there for by mischaracterizing the facts, finding entirely new meanings for the word “rewarded,” and worrying way too much about soccer moms inducing violations of 18 USC 666 with gift cards and edible arrangements.   We close out with a quick review of Steve Bannon’s desperate attempts to stay out of prison, and the concerning commitments House Republicans have recently made to stand behind his argument that the entire January 6th committee was invalid. Finally for PATRONS ONLY: we read and discuss the best bits of Justice Jackson's very good Snyder dissent! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE29 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1044 Fulton County District Attorney Fani Willis has used Georgia’s RICO statute against everyone from public school teachers to environmental protesters to a former President of the United States. This week we examine Willis's massive 88-page RICO indictment of rapper Young Thug and 27 other associates of YSL, the Atlanta record label which her office alleges is also operating as a violent street gang. Matt shakes his geriatric millennial first at the scourge of mumble rap before breaking down what has already become the longest criminal trial in Georgia history and the injustice of prosecutors using an artist’s lyrics against them in court. Finally, we break down this month’s most listener-requested story: judge Ural Glanville’s inexplicable decision not only to secretly meet with a prosecutor and one of the state’s most important witnesses without defense counsel present, but to sentence Young Thug’s attorney to 20 days in jail simply for noticing that he wasn’t supposed to. What is going on here, and could there possibly be a good explanation for it? Georgia’s RICO statute RICO Indictment of “Cop City” opponents (8/29/2023) YSL Indictment (5/9/22) Young Thug’s NPR Tiny Desk Concert (7/27/2021) GA Code Rule 2.9 - Assuring Fair Hearings and Averting Ex Parte Communications Breaking Down the Origins of Mumble Rap (video), Genius.com   If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1043 This week: good immigration news! The Biden administration announced on June 17th that it will be moving forward with a plan to offer a pathway to citizenship for immigrants married to U.S. citizens who have been in the country for more than 10 years through a special “parole-in-place” program. Why does current U.S. immigration law make it so difficult--and sometimes impossible--for so many people who are  in loving long-term relationships with U.S. citizens to “do it the right way?” Matt breaks down the legal and historical context of the most important executive action on immigration policy since Barack Obama created the DACA program in 2012. We then speak with Emily, a U.S. citizen whose husband stands to directly benefit from this policy, for a firsthand account of the realities of living in immigration limbo. Official White House announcement of the new parole-in-place program (June 17, 2024) Extreme Hardship Considerations and Factors (USCIS Field Manual) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE28 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!  

OA1042 Several years ago, Christopher Rufo created a bogeyman that rallied the Right across the United States to seek bans in educational environments of "divisive concepts" such as Critical Race Theory. Since the entire effort was obviously... racist, the CRT bans themselves are just perfect for a CRT analysis, and Caroline Mala Corbin is here to lead us in a classic OA Deep Dive! Caroline is a law professor at the University of Miami, focusing on the First Amendment's speech and religion clauses, reproductive justice, and the principle of equality that should run through it all. Be sure to check out the full article that was published recently in the UC Irvine Law Review! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!        

OA1041 NY defense attorney Liz Skeen is here to break this decision down. Did the Court mess it up? Or is something more complicated and unexpected happening? The answer might surprise you. Content note/trigger warning. For exactly what you'd think. If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE27 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1040 We begin in Florida with yet more of Judge Aileen Cannon's efforts to delay Donald Trump's federal case, including a demand for Jack Smith to be nicer to Trump's lawyers and her decision to allow non-parties to join the fun and make arguments in an upcoming hearing about whether Smith was properly appointed to prosecute Trump at all. Hunter Biden's federal trial began this week in Delaware on charges relating to his purchase and possession of a gun which he owned for 11 days in 2018. Matt breaks down the history of this investigation, the charges, and how this case ended up going to trial before a quick time jump in which we return to review what we know one week into these proceedings. How does this trial compare to the one which concluded a week earlier with the conviction of a former President Donald Trump--and would these charges ever have been brought against someone whose last name wasn’t Biden?  11th Circuit order instructing the clerk's office to stop taking complaints about Judge Cannon Mar-A-Lago search warrant Jack Smith's Motion for Modification of Conditions of Release Quick Facts on 18 U.S.C. § 922(g) Firearms Offenses (US Sentencing Commission) Delaware indictment of Robert Hunter Biden (gun charges) “How to Think About the Hunter Biden “Laptop,” Marcy Wheeler (6/6/2024) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1039 Trump’s prosecution for election interference in Georgia was just stayed by the Court of Appeals, leaving no chance that this trial will proceed before November. What happened, and how unexpected was this delay? We investigate. We then turn to our main story: Biden administration’s executive actions to “shut down the border” and close the door to asylum for many people who would otherwise be eligible. Matt explains what’s actually going on here and how much of it was already in place before we consider the practical and political consequences of Joe Biden effectively carrying out the border bill which Trump bullied Republicans not to pass.  We end by spending a few minutes discussing a recent opinion from Judge Frank Easterbrook of the 7th Circuit Court of Appeals, who has very strong--and extremely appropriate--opinions about fonts. Georgia appeals court order staying Trump’s criminal trial “A Proclamation on Securing the Border” (June 4, 2024) Interim Final Rule (“Securing the Border”)(June 4, 2024) Attorney Taylor Levy’s donation page   If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA's Official Bar Tutor returns! We've got the answer to Question 26, but with Heather's signature style where we're going to learn a whole lot along the way. Then, in Question 27, we've got some Constitutional Law! Be sure to play along by submitting your answer! Use #T3BE, or play on reddit.com/r/openargs!

OA1038 Today we're joined by Vox Senior Correspondent, Ian Millhiser! In his reporting, Ian focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. Ian gives us an excellent and comprehensive breakdown of Grants Pass v. Johnson, a case that could be decided any day now. As usual with this Court, the question is: How scared should we be? Check out Ian's excellent article and other reporting here. If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1037 THE JURY IS IN! Opening Arguments is coming at you LIVE AND UNEDITED today as we react in realtime to the announcement of the verdict in People v. Trump--conveniently timed for exactly the time that we had already planned to record this week! We also take a look at the lengthy closing arguments from both sides and Matt answers patron questions about some of New York’s more unusual trial practices before getting into what we can expect next. We finish out the fun with Thomas’s dramatic reading of Samuel Alito’s indignant, mendacious, and entirely unsolicited response to the Senate Judiciary Committee’s demands to speak with the Supreme Court’s manager and take a moment to appreciate his full-throated defense of a woman’s absolute right to choose (flags).  Jury instructions in People v. Trump People v. Owens, 69 N.Y.2d 585 (1987)(providing jury with written excerpt of jury instructions was reversible error) Alito’s letter to Senators Dick Durbin and Sheldon Whitehouse dated May 29, 2024

Heather is back for another bar question! Yay! Except... it's real property... NOOOOO We only do the question on this one, since we did both the Q and A last time. So, this is just a short little uncharged episode to get us back on track. It also allows me to catch up on Patron thanks! Note: two new Gavel Gavels are out, with more coming very, very soon! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1036 Two great stories for you today - following OA1034 on how much Alito sucks, the Law Dork himself, Chris Geidner, is on to discuss the flag habits of Samuel Alito, as well as the exclusive story he broke regarding Alito’s stock activity immediately after Libs of TikTok called for a boycott against Bud Light because…transphobia. After we vent about Alito for a bit, Chris walks us through what an Alabama judge threatened to do to a group of LGBTQ+ lawyers and it’s even worse than you could imagine. Be sure to follow Chris (@chrisgeidner/@chrisgeidner.bsky.social) and subscribe to his Substack to support independent legal journalism! Law Dork's coverage of Judge Liles Burke's orders out of the US District Court for the Northern District of Alabama If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

T3BE 25 I am pleased to introduce you all to Heather Varanini! In her role as Director of Academic Achievement, Heather spends her days helping students succeed in law school and prepare for the Bar. She's onboard to serve as the Official Opening Arguments Bar Tutor and teach us a lot along the way! In this episode we'll hear more about her journey and the values that she brings to her work; for this week, we do a full Bar Question and Answer to give a sense of what we're in for with her! The traditional staggered Q&A will commence next time! 

OA1035 A second Alito flag has hit the news, we have election results out of Fulton County, and the jury is nearly out in Donald Trump’s New York criminal trial. Matt also answers patron questions about how things could go wrong with the jury between now and the verdict, as well as why juries everywhere are so rarely sequestered anymore. After a brief detour past a very important class-action suit against Hershey’s for the insufficient jauntiness of its Halloween candy, we turn to our main story: International Criminal Court prosecutor Karim Khan’s application for arrest warrants to be issued against leaders of both Hamas and Israel. How does The Hague have jurisdiction to prosecute the prime minister of a country which has flatly refused to recognize its authority--or, for that matter, Palestinians  who carried out the attacks of October 7, 2023 in the territory of that same country? Matt explains the background and recent history of humanity’s first standing international criminal tribunal as we consider what this moment means for Israel, Palestine, and the world.   Complaint in Cynthia Kelly v. Hershey (Reese’s lawsuit) ICC expert panel findings re: investigation into “The Situation in Palestine” (5/23/2024) ICC prosecutor Karim Khan’s application for arrest warrants for leaders of Hamas and Israel (5/20/24) Christiane Amanpour interview with ICC prosecutor Kamir Khan (5/20/24) There's a new episode out on www.patreon.com/gavelpod! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA 1034 With the recent news that a sitting Supreme Court justice was publicly displaying support for Trump’s attempted coup in the days between January 6, 2021 and Joe Biden’s inauguration, it’s time to ask: Is Samuel Alito actually worse than our very low opinion of him? Also who could have possibly known that a hard-right Reagan/Buckley conservative who has been publicly advocating for ending abortion rights since 1985 would turn out to be the ultra-right Trump/Scalia conservative who ended abortion rights in 2022? We take these questions on after a quick look at the latest low point in Rudy Guiliani’s long, steep, and often hilarious fall from grace. (N.B.: there’s so much more to talk about here than we could possibly fit into an hour, we didn’t even get to his awful decisions on the death penalty, among many other things.) Finally, we learn the answer to last week’s T3BE question and consider the multifarious liabilities of stocking a private lake full of piranhas. Alito’s 1985 memo with strategies for overturning Roe v. Wade Alito’s 1985 job application to the Office of Legal Counsel Doe v. Groody, 361 F.3d 232 (3rd Cir. 2004)(Alito dissent in qualified immunity case involving strip search of a 10-year-old girl) A Tiger on the Court: Sam Alito ‘72 at Princeton, Princeton Alumni Weekly (March 8, 2006) Justice Samuel Alito: ProPublica Misleads its Readers, Wall Street Journal (6/20/23) (Alito op-ed) Samuel Alito, the Supreme Court’s Plain-Spoken Defender, Wall Street Journal (7/28/23) (editorial drawn from 4 hours of interviews with Alito) There's a new episode out on www.patreon.com/gavelpod! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1033 We begin with a quick check-in on Trump’s trial in New York, from the recent appellate ruling on his gag order Todd Blanche's bizarrely personal  start to his cross-examination of the most important witness in one of the most important criminal trials in US history. Matt then explains why it might be a felony to run for governor in Washington State if your name is Bob Ferguson.  Then: Clarence Thomas just rejected an originalist 5th Circuit ruling to save the Consumer Protection Finance Bureau on behalf of a 7-2 court--with Alito dissenting for totally different originalist reasons. What is going here? We then stop in for a quick layover with the current state of the Boeing non-prosecution agreement before Thomas takes on a bar question about some extremely unpleasant fish. Unanimous order from the Appellate Division of the Supreme Court of New York upholding Trump NY gag order (5/14/24) RCW 29A.84.320 (WA criminal statute addressing “Duplicate, nonexistent, and untrue names”) SCOTUS ruling in Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd. (05/16/2024) DOJ letter to court overseeing Boeing nonprosecution agreement (5/14/24) There's a new episode out on www.patreon.com/gavelpod! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1032 We're very pleased to welcome Steve Vladeck on the show to talk about what's going on with the Supreme Court these days, and how shadowy their docket has been recently. We then dig into (and debate a touch) a recent piece he wrote regarding a different way to conceptualize about court reform, and what he personally sees as viable and appropriate among the various proposals for change. Be sure to read The Shadow Docket, which will be released on paperback soon, and subscribe to One First to get more of Steve's great coverage! Then we reveal the answer to last episode's T3BE; did Thomas successfully determine the fate of Rebecca the violinist? And who from the audience will be the lucky winner?! Remember to head over to www.patreon.com/gavelpod to follow our Trump Trial coverage ahead of the public release of the show! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1031 First up, BIG ANNOUNCEMENTS!!! The Trump Trial Transcript readings will now only be available on patreon.com/gavelpod! Details inside. Then: the Biden administration is moving forward with rescheduling marijuana to a lower federal classification--and Matt is not happy about it? Find out why this long-overdue acknowledgment of the over-criminalization of cannabis may not only be too little too late, but actually the wrong direction for criminal and social justice. And speaking of justice gone wrong: Aileen Cannon. Fort Pierce, Florida’s best (and only) federal trial judge has once again put off Trump’s classified documents case, this time with no end in sight. We take a closer look at what she is actually doing here before checking in on Trump’s latest success in delaying his RICO trial for election interference in Georgia. We finish up with Thomas Takes the Bar Exam, in which Thomas  find out how he did in the strange case of the arsonist who doesn't understand how fire works before wagering his eternal soul on a new question about a sick violinist. Formal HHS recommendation that cannabis be moved to Schedule III (8/29/23) “Legalize it All,” Dan Baum, Harper’s (April 2016)(source of 1994 John Ehrlichman quote as personally recorded by the author) Gonzales v. Raich, 545 U.S. 1 (2005) The Cannabis Administration and Opportunity Act (2022 Senate bill removing marijuana from federal drug schedules and putting it under FDA regulation reintroduced by Chuck Schumer on 5/1/2024) Judge Cannon’s Order Setting Second Set of Pretrial Deadlines/Hearings (5/7/24) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1030: Trump Trial, Week 2, Part 2! This episode centers around David Pecker's testimony and it's basically rock solid. Trump's attorneys are desperate, so Mr. Bove goes for the juggler! And then everyone has to explain it's actually "jugular" why in the world would you go for the "juggler?" Why would that be the idiom? In what world are jugglers like, crucial components of anything, at which you would want to go in order to really hurt someone or something? Maybe at circuses? They're arguably not even that important to circuses though, don't they just mess around in between way better acts to try to distract the audience a little? I just want to assure people that Matt had nothing to do with these show notes. He hasn't had a stroke or anything, don't worry. It's just that I, Thomas, now answer to NO ONE when it comes to Opening Arguments because.... SURPRISE SHOW NOTES ANNOUNCEMENT Andrew is completely out of OA! The legal bull shit is over! More details inside! If you would like to audition to read transcripts on the show in the future, go to https://openargs.com/audition and follow the directions there! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1029: Trump Trial, Week 2, Part 1! Lordy, there are tapes! Our special coverage of People v. Trump continues, now with readings from Juilliard-trained, Tony-winning actors Thomas and Lydia Smith! (none of that is true except possibly our names.) Donald Trump is now the first U.S. President ever to be held in contempt of court. Exactly how criminal is "criminal contempt" in New York, and what does this mean for the rest of the trial? Also, Matt takes us on a fascinating mini-dive on the National Enquirer. It has a very interesting history you might not be familiar with. Then start getting into the trial fireworks. Much more to come! Probably at least 3 parts. 1) People v. Trump Transcripts 2) Justice Merchan's contempt order 3) AMI non-prosecution agreement If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1028 Can a former President of the United States be prosecuted for trying to overturn a democratic election? The Supreme Court just spent two hours and forty minutes (!) hearing a case in which they were supposed to be reviewing this simple question and Donald Trump’s claims of total immunity. We review the last oral argument of this term and try to cut through the bad faith, irrelevance, and misdirection to understand what is actually happening here and where it all might be going. DC Trump indictment (8/1/23) Government’s brief in Trump v. U.S Trump’s brief in Trump v. U.S. CSPAN’S complete bookmarked SCOTUS oral arguments in Trump v. U.S. (4/25/24) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

As the first week of the first criminal trial of a former President in U.S. history wraps up, we prepare for our special coverage of People v. Trump by stepping back to remember how we got here. Why is Donald Trump being prosecuted for paying off Stormy Daniels, anyway? Who are all of these people? How good is the prosecution’s case, really? And what can we expect from the defense?  We also answer a few patron questions about the trial, after which subscribers will enjoy a dramatic rendition of the best bit of this week’s gag order violation hearing: Trump attorney Todd Blanche’s struggle to convince the court that his client’s retweets are not, as a matter of law, endorsements.  PATRON EXTRA! Beginning now, Patreon subscribers will enjoy longer episodes with special bonus content as part of our special coverage of People v. Trump: Thomas and Matt’s readings from our  favorite parts of the daily trial transcripts. Subscribe at www.patreon.law/law for the good stuff! Indictment and Statement of Facts, People v. Trump (4/4/2023) New York jury instructions for Falsifying Business Records in the First Degree (NY Penal Law 175.10) Justice Merchan’s ruling on Trump’s Motion to Dismiss (2/15/24) Daily trial transcripts in People v. Trump If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1026 The transcript is in! The first official written record from the first trial of a former President in U.S. history was just released hours before recording, and we dig in for a first look from the first full day of proceedings (Monday April 23rd) to find out which of the 45th president's many misdeeds the court ruled that prosecutors will be allowed to bring up during cross-examination. We also indulge in some dramatic readings of each party's opening statements, and discuss what we can learn from them about the Manhattan DA's case and Trump's defense to 34 felony counts of falsifying business records. Much more to come! We then check back on last week's round of Thomas Takes the Bar Exam to see how Thomas did on questions about a thieving magician and a lying philanthropist before turning to this week's challenge: an arsonist who doesn't understand how fire works. 1. People's Sandoval Notice filed 4/17/24 2. Transcript of proceedings in People v. Trump on 4/23/24 If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1025 Today we take on two law stories the media have been getting wrong recently. 1) Did the Supreme Court just "end the right to protest in three states"? We go beyond the headlines to better understand Justice Sonia Sotomayor's denial of certiorari in a negligence suit brought against Black Lives Matter organizer Deray McKesson by a police officer injured during a BLM protest in Baton Rouge. 2) Biden's border. The impeachment of DHS Secretary Alejandro Mayorkas ended last week in the Senate before it ever began, but the lies, misinformation, and terrible reporting which fueled it are only getting worse. Matt breaks down what people who complain about Joe Biden's "open-border policies" are actually saying before getting into the facts. How do Trump's enforcement metrics compare to Biden's? How has a commitment to actually abiding by basic due process and our international and domestic obligations to people seeking protection for persecution been spun into "lawlessness at the border"? And what even are Biden's border policies anyway? 1) Justice Sonia Sotomayor's order denying certiorari in McKesson Doe (4/15/24) 2) Articles of impeachment passed by the House against DHS Secretary Alejandro Mayorkas (Dismissed by the Senate on 4/16/2024) 3) Data Show Trump Would Have Released as Many Border Crossers as Biden, David Bier, Cato Institute (1/5/2024) 4) The Biden Administration’s Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: An Overview, American Immigration Council (10/21/2023) 5) 126 Parole Orders over 7 Decades: A Historical Review of Immigration Parole Orders, David Bier, Cato Institute (7/17/2023) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1024 We have a jury! The preliminaries are nearly complete in the first criminal trial of a former president in US history, and we take this opportunity to review what we know so far about the Manhattan DA's prosecution of Donald Trump for funneling hush money to Stormy Daniels three weeks before the 2016 election. How did they pick a jury so quickly? What is DA Alvin Bragg's theory of the case? Could "retweets are not endorsements" actually be a loophole to a gag order? The Supreme Court heard arguments Monday from one of the 350 January 6th rioters charged under a 2002 statute passed by Congress in the wake of the many crimes of Enron. How did Congress's attempt to close a loophole which made it legal for some corporate criminals to destroy evidence so long as they did it by themselves open the door to the prosecution of violent insurrectionists? Is there a new, secret meaning to the word "otherwise" that only lawyers know?  Is the Supreme Court really about to agree with the defendant that the words "obstructs, influences, or impedes any official proceeding [including in Congress], or attempts to do so" clearly do not apply to him--a person clearly on video violently attempting to obstruct, influence, and/or impede an official proceeding of Congress? We also consider the potential disruption to Jack Smith's DC prosecution of Trump, of which this statute is the basis for one of the four pending charges in that case. For the first time in U.S. history, articles of impeachment brought by the House have been dismissed by the Senate without a trial. Why was the impeachment of Department of Homeland Security Secretary Alejandro Mayorkas for doing his job in a way that Republicans didn't like (a.k.a. a "high crime" and/or "misdemeanor") so totally dead on arrival? We pay zero respects to what we can only hope will go down as by far the stupidest impeachment in the history of impeachments. (See OA bonus episode of 2/11/24 for our breakdown of the House's articles of impeachment). Meanwhile in Florida, Fort Pierce's finest (and only) federal judge has returned fire after Trump prosecutor Jack Smith had the untrammeled nerve to notice in writing that Fort Pierce's only federal judge really sucks at her job (see OA 1016 & 1020). Fortunately for everyone however, it turns out the only person responsible for her many mistakes is--Jack Smith?  1. 18 USC 1512(c) 2. Defendant/Petitioner Joseph Fischer's brief in Fischer v US 3. Government's brief in Fischer v. US 4. Audio and transcript from SCOTUS oral argument in Fischer v. US (4/15/24) 5. New York Penal Law 175.10 6. Judge Aileen Cannon's denial of Trump's motion to dismiss based on the Presidential Records Act & gratuitous reference to Jack Smith's complaints about her bizarre thought experiment re: jury instructions (4/4/2024) 7. Judge Cannon's order reconsidering her prior decision to unseal sensitive information in which she blames Jack Smith for letting her get the law wrong (4/9/24)  If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Last week's answers, this week's questions! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

April 15th marks two significant events in US history: the 11th anniversary of Tamerlan and Dzhokar Tsarnaev's bombing of the Boston Marathon, and the first day of jury selection in  the first criminal trial of a former US President. These two very different situations both share one important legal question: how do you select a jury from a city full of people who not only know a defendant by name but have good reasons to despise them? Boston residents Matt and Casey share their own memories of the day that changed their city forever before breaking down the trial of surviving bomber Dzhokar Tsarnaev and ensuing appeals of his death sentence to the 1st Circuit and Supreme Court. We examine why the U.S. publicly announced that it would not be reading Tsarnaev his Miranda rights, and debate whether or not the defense should have been allowed to introduce evidence during the penalty phase that Tamerlan Tsarnaev may have participated in a triple homicide two years earlier to prove his influence over his younger brother. What can Clarence Thomas's decision reinstating Tsarnaev's death sentence tell us about how Trump trial judges might handle jury selection? And what might be next following the 1st Circuit's recent findings on juror bias? 1) U.S. v. Tsarnaev indictment  2) Middlesex District Attorney's report on Watertown PD's shootout with the Tsarnaev brothers 3) 1st Circuit's decision vacating Dzhokar Tsarnaev's death sentence (7/31/2020) 4) Supreme Court decision reinstating Tsarnaev's death sentence  (3/5/2022) 5) Most recent 1st Circuit decision ordering further hearing on juror bias (3/21/2024)   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1022 Courts in Arizona and Florida have both ended abortion rights in very different (but both terrible) ways this month. Did Arizona actually resurrect a 160-year law passed decades before it was even a state? And how weird can it get when you go full originalist on a law that is younger than most people in Florida? Before we get there, Matt opens by sharing his experience with the OJ Simpson trial at the age of 14 and how it shaped his understanding of US criminal law. We then make sure to pay appropriate respects to the violent domestic abuser who (do we even have to say "allegedly" anymore?) brutally murdered Nicole Brown and Ronald Goldman on June 12, 1994. Also, two different countries have committed extreme and unprecedented violations of international law involving embassies in the past week. How does the Vienna Convention protect diplomatic posts, and what actually happens when these international agreements are broken? The first of the Trump trials will finally begin in New York in one business day! How does jury selection even work in a case where everyone on the planet has an opinion about the defendant? 1) Planned Parenthood v Florida (4/1/24) 2) In Re: TW, 551 So. 2d 1186 (1989) 3) Planned Parenthood of AZ v. Mayes (4/9/24) 3) The Vienna Convention on Diplomatic Relations (1961) 4) Judge Merchan's letter to the parties in NY v. Trump outlining jury selection process If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

As usual, we've got last week's answers and this week's questions! Some fun and tricky ones... If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Hey folks, due to an annoying technical glitch, I'm just re-releasing this episode. This was some weird backend problem with our hosting. The file looks completely fine everywhere that I can see, but internet goblins decide otherwise, I guess. Sorry for the trouble and I'll make sure this won't happen again! OA10121 On March 26, 2024 a container ship the size of the Eiffel Tower named for the world's most famous surrealist destroyed a bridge named after the author of the U.S. national anthem yards from one of the most notable sites of our country's least popular war. Who was Francis Scott Key anyway, and why has the man who gave the world the phrase "land of the free and the home of the brave" gotten a total pass for writing the world's worst national anthem while owning people and prosecuting abolitionists? We then honor the memories of the six Latino immigrants who lost their lives in this disaster by taking a closer look at the contributions of both undocumented and "lightly documented" workers to the U.S. economy, including the massive boost of more than $7 trillion that the Congressional Budget Office has predicted the so-called "border crisis" will bring in the coming years. But what about the most recent Republican "solution" to give the world's whitest and wealthiest a chance at the American Dream? Would Thomas be able to immigrate to the U.S. under Sen. Tom Cotton's RAISE Act? We end with a short cruise through maritime law and examine why the owners of the Dali are seeking protection under the same 209-year-old maritime law which was used to severely limit the liability of everyone responsible for the Titanic. 1. "Francis Scott Key Opposed 'Land of the Free,'" Jefferson Morley (2012) 2. Baltimore bridge collapse victims: New info on who they were – NBC4 Washington (3/28/24) 3. Baltimore Mayor's Office of Immigrant Affairs Key Bridge Emergency Response Fund  4. RAISE Act point system infographic  5. 20 Years Later, Undocumented Immigrants Who Aided 9/11 Recovery & Cleanup Efforts Demand Recognition | Democracy Now! (9/15/2021) 6. Oceanic Steam Navigation Co. v. Mellor :: 233 U.S. 718 (1914) (U.S. Supreme Court's application of the 1851 Limitation of Liability Act to the Titanic disaster) 7. Petition for Exoneration from or Limitation of Liability filed in federal court by the owners of the Dali (4/1/24) If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA10121 On March 26, 2024 a container ship the size of the Eiffel Tower named for the world's most famous surrealist destroyed a bridge named after the author of the U.S. national anthem yards from one of the most notable sites of our country's least popular war. Who was Francis Scott Key anyway, and why has the man who gave the world the phrase "land of the free and the home of the brave" gotten a total pass for writing the world's worst national anthem while owning people and prosecuting abolitionists? We then honor the memories of the six Latino immigrants who lost their lives in this disaster by taking a closer look at the contributions of both undocumented and "lightly documented" workers to the U.S. economy, including the massive boost of more than $7 trillion that the Congressional Budget Office has predicted the so-called "border crisis" will bring in the coming years. But what about the most recent Republican "solution" to give the world's whitest and wealthiest a chance at the American Dream? Would Thomas be able to immigrate to the U.S. under Sen. Tom Cotton's RAISE Act? We end with a short cruise through maritime law and examine why the owners of the Dali are seeking protection under the same 209-year-old maritime law which was used to severely limit the liability of everyone responsible for the Titanic. 1. "Francis Scott Key Opposed 'Land of the Free,'" Jefferson Morley (2012) 2. Baltimore bridge collapse victims: New info on who they were – NBC4 Washington (3/28/24) 3. Baltimore Mayor's Office of Immigrant Affairs Key Bridge Emergency Response Fund  4. RAISE Act point system infographic  5. 20 Years Later, Undocumented Immigrants Who Aided 9/11 Recovery & Cleanup Efforts Demand Recognition | Democracy Now! (9/15/2021) 6. Oceanic Steam Navigation Co. v. Mellor :: 233 U.S. 718 (1914) (U.S. Supreme Court's application of the 1851 Limitation of Liability Act to the Titanic disaster) 7. Petition for Exoneration from or Limitation of Liability filed in federal court by the owners of the Dali (4/1/24) If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1020! It's time for a round of Trump updates, starting in Florida with the responses to Judge Aileen Cannon's weird request that the parties try making up new law that she could try out on a jury if this case ever finally makes it to one. Is Jack Smith's response to this nonsense everything we'd wanted? And what happens when you actually try to sit down read anything that the Trump defense team has filed as if it were a serious legal document? We then turn to recent legal developments in New York, where a subprime auto lender has totally failed to post Trump's bond and Judge Merchan finally had to get around to putting in writing that the world's most famous criminal defendant isn't allowed to go after his family. 1. Trump's response to Judge Cannon's order 2. Jack Smith's response to Judge Cannon's order 3. 18 USC Sec 793 (Espionage Act) 4. Presidential Records Act 5. Trump's opposition to motion to clarify gag order 6. Judge Marchan's order expanding gag order 7. Judge MacAfee's denial of motion to dismiss Fulton County charges on 1st Amendment grounds If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Can you believe it, it's T3BE8! You know the drill, we answer last week's questions, honor two winners, and then ask two more questions! But Matt has a new bar exam book, and it's going to be quite fun, if these questions are any indicator. Deviously hard, needlessly complex, extremely silly... it has it all! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Most criminal defendants can't kill 346 people and expect to get off with a light fine and three years of probation, but most criminal defendants are not The Boeing Company. In today's show, we examine the differences between different kinds of pretrial diversion agreements and why the best ones are reserved for ultra-wealthy defendants like Boeing and Jeffrey Epstein. We then take a closer look at the DOJ's routine use of deferred prosecution agreements to help our nation's most valued citizens (corporations) avoid the unpleasant inconvenience of facing actual consequences of their actions (killing people), with a special focus on the NPA which recently resolved Boeing's recent deadly fraud involving its 737 MAX. 1. Boeing Deferred Prosecution Agreement (1/7/2021) 2. "Nosedive: Boeing and the Corruption of the Deferred Prosecution Agreement," Prof. John C. Coffee (6/6/2022) 3. "Why Boeing pilot Forkner was acquitted in the 737 MAX prosecution,"| The Seattle Times (3/25/22) 4. "Blowing the Door Off Boeing’s ‘Epstein Deal’" - The American Prospect (2/9/24) 5. Fifth Circuit order dated 12/15/23 from In re Ryan et al confirming that courts have no authority to review a DPA and that families will have to wait to oppose any future motion to dismiss If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1018 - GOOD NEWS EPISODE! It's positive vibes only as we celebrate the impending disbarment of MAGA law toadies John Eastman and Jeffrey Clark, the first but-actually-for-real-this-time Trump trial date, and some extremely real threats to your favorite President's sacred First Amendment rights to lie to the public and terrorize the families of court personnel. In more good news, the Supreme Court couldn't seem to find an actual excuse to ban medical abortions this week--or even find anyone who could even claim to have been in the same ZIP code as someone harmed by mifepristone--so we take a good look for ourselves and don't find too much to worry about.  One more bit of good news: Matt wants to give you a job! (Inquire within.)  1. John Eastman's two-page proposal to overturn the results of the 2020 Presidential election 2. Judge Yvette Roland's full 126-page decision to the CA Supreme Court recommending John Eastman's disbarment (March 27, 2024) 3. Judge Merchan's gag order (3/26/24) 4. Trump's motion to dismiss GA charges on 1st Amendment grounds (12/23/2024) 5. Transcript of oral arguments in FDA v. Alliance for Hippocratic Medicine (March 26, 2024)  6. Federal judge Matthew Kacsmaryk's  mifepristone ruling (April 7, 2023) 7. Application of Comstock Act to Drugs That Can Be Used for Abortion (USPS General Counsel)(12/23/2022) 8) 18 U.S. Code § 1461 - Mailing obscene or crime-inciting matter (Comstock Act)   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

It's week 7, and it's a Next Generation of test. Make it so! Oh also, we're still dogged by controversy, #T3BEgate2.5 but we've got a fall guy and it's Matt. Question 12 was a repeat and Matt is to blame and accepts the inevitable public shaming. But 13 was new! And, now we've got an entirely new kind of test! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1017 He had a plea agreement with the government which he thought would get him 8-14 months. He ended up with 5 years. What happened? Also, was this Democrats' version of January 6th Casey joins this week to help to answer an OA patron's question about the plea agreement reached in the prosecution of former IRS contractor Charles Littlejohn for leaking records of Donald Trump, Rick Scott, Elon Musk, and a tragically high number of other innocent and blameless billionaires who are simply far too important to have to pay their taxes. We then review the unique role of plea bargaining in U.S. law and exactly how these agreements are reached and play out in court. Did you know that approximately 98% of all federal criminal charges are resolved in a way which is portrayed in approximately 0% of law-related movies and TV show?  1. "The Secret IRS Files: Trove of Never-Before-Seen Records Reveal How the Wealthiest Avoid Income Tax," Propublica (6/8/2021) 2. "How These Ultrawealthy Politicians Avoided Paying Taxes,"  Propublica (11/4/2021) 3. "Trump’s Taxes Show Chronic Losses and Years of Income Tax Avoidance," NYT (9/27/2020) 4. "Most criminal cases end in plea bargains, new study finds," NPR (2/22/2023) 5. Boykin v. Alabama :: 395 U.S. 238 (1969) 6. Padilla v. Kentucky :: 559 U.S. 356 (2010)   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Who is Aileen Cannon? Why is Aileen Cannon? We answer these important questions and many more in this brief review of the incomprehensible jurisprudence of the best federal judge in Fort Pierce, Florida. 1. Aileen Cannon's Senate Judiciary Committee nomination questionnaire 2. Map of federal Southern District of Florida  3. Democratic questioning at Aileen Cannon's group confirmation hearing 4. Judge Cannon's Order on Plaintiff's Motion for Judicial Oversight and Additional Relief (9/5/22) 5. 11th Circuit's reversal of Cannon's 9/5/22 order re: 100 classified documents (9/21/22) 6. 11th Circuit's reversal of Cannon's equitable jurisdiction ruling (12/1/22) 7. Jack Smith's Motion for Reconsideration & Stay (2/8/24) 8. Government's Opposition to Motion for Additional Time to File Certain Motions (2/8/24) 9. Judge Cannon's order denying Trump's motion to dismiss on vagueness grounds (without prejudice)(3/14/24) 10. Relevant portion of the Espionage Act 11. Judge Cannon's weird order demanding that the parties engage in a fantasy thought experiment about law that doesn't exist (3/18/24)

Massive controversy shakes T3BE to its core. Thomas and Matt respond to the international outcry and media firestorm generated by allegations that T3BE is using repeat questions. After that, we get two TOTALLY DEFINITELY NEW practice bar exam questions. Topics are appealing to SCOTUS re State constution vs. US constitution, and also the gender wage gap when it comes to bank robbery. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1015 Part 2 of Azul's story Folks... I implore you. I beg of you, please listen to this one all the way through. Azul tells us the rest of her story, and talks about where she is now, and it is one of if not the most inspiring, heartwarming things I have ever had the privilege of publishing. Seriously. And please share it. Another massive thanks to Azul, and to Matt, who we are so incredibly lucky to have on the show. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Emergency Bonus Pod! - Fani Willis and the Odor of Mendacity   Judge MacAfee has issued a ruling on the Fani Willis disqualification motion. Get the OA breakdown with a full analysis and plenty of opinion and context.   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1014 We begin by pouring a Tequila Sunrise out for the charges against three memorabilia collectors charged with stealing old Eagles lyrics, in which the unexpected airing of 6,000 pages of Don Henley's dirty laundry had Manhattan prosecutors realizing last week that they truly could check out anytime they liked. Matt then takes us through Fulton County Judge Scott MacAfee's decision to dismiss 6 of the 41 pending counts against Trump and his goons. Can Trump still be prosecuted for his "perfect phone call" to GA Secretary of State Brad Raffensberger? And what does a guy have to do to solicit someone to violate an oath around here, anyway? We then turn some much-needed light on to Texas's most recent attempt to enforce federal immigration law before finishing up with some good immigration news out of--also Texas?   1. Order on Defendants' Special Demurrers (J. McAfee, 3/13/24) 2. Georgia Code Sec. 15-4-7 (Criminal Solicitation) 3. Georgia Code Sec. 16-10-1 (Violation of Oath by Public Officer) 4. Fulton County indictment of Trump et al (8/14/2023) 5. Judge David Ezra's decision in U.S. v. TX (2/29/24)(granting injunction against SB4) 6. Arizona v. U.S. (2012)(striking down most of AZ SB1070) 7. Judge Drew Tipton's decision in Texas v. DHS (finding no standing for TX to challenge Biden's CHNV parole program)   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Thomas Takes the Bar Exam Week 5!   Ok so last week revealed to us that the "hot unbreakable streak" was not, in fact, unbreakable. No one could have seen this coming though, so no use in playing the blame game. Thomas comes into the week 5-2. Will he go to 5-4? Or 7-2? Or perhaps the other possible record? Find out! Then, we get 2 new questions! It's personal injury, and also... personal injury? Maybe? We'll see!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1013   Today, we get to meet Azul Uribe. Azul lived most of her life in the US as a devout Mormon, doing her best to get by in a sea of Whiteness. She even made jokes at her own expense about being undocumented. That all changed when she was arrested at age 22 under bizarre and very unlucky circumstances. She was put in ICE detention. Treated terribly. Strip searched multiple times. She then found out those jokes... weren't. Despite being a college student, Azul faced deportation from the only home she'd ever known.   Join us as we hear Azul's fascinating and heartbreaking story, in all its raw humanity. And we learn more about our immigration system, and its raw inhumanity.   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1012   Does anyone else feel like the Supreme Court decided a part of the Constitution just doesn't exist anymore? Perhaps you're like Listener Thomas S, who found this decision absolutely nuts. If so, you're in luck, because in this episode of OA, Thomas throws every argument at actual lawyer Matt Cameron for why this decision sucked. How does the actual lawyer feel? Did SCOTUS get it right actually? Find out!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Thomas Takes the Bar Exam Week 4!   Thomas comes into this week on a HOT, some would say, UNBREAKABLE, streak! 5-0. So, naturally, he aced questions 6 and 7, right? You'll find out! After those answers, we get questions 8 and 9, pictured below! What the hell is the firefighters' rule? And are drycleaners interstate commerce?   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Here's one for everyone who enjoys stories about terrible people losing in court! Casey stops by to review Alito's complaint to America's managers about the devastating cost of marriage equality: the exclusion of anti-LGBTQ bigots from juries. Matt breaks down the total failure of state attempts to ban drag shows and why the actual First Amendment keeps winning over the one that the kinds of people who yell the most about the First Amendment seem to think that they are yelling about.   1. Thomas/Alito statement in 2020 denial of Kim Davis's cert petition (2020) 2. Alito's concurrence in denial of cert in Missouri Dept of Corrections v. Finney (2024) 3. Trial court decision in Friends of Georges v. Mulroy (TN drag show ban) 4. Trial court decision in Florida-ORL v. Griffin (FL drag show ban) 5. Trial court decision in Woodlands Pride v. Paxton (TX drag show ban) If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1010   It was the worst of Dons, it was the worst of Dons. Eagles singer Don Henley was not taking it easy in a New York City courtroom this week in his testimony against three memorabilia-collecting desperadoes who had to bring their alibis to face charges of conspiring to sell stolen (?) legal pads filled with Henley's drafts of "Hotel California"-era lyrics. Will the court find that these defendants are hiding their lyin' eyes, or is the Manhattan DA's case against them already gone? New kid in town Matt takes his legal analysis to the limit one more time.   We move on to some Trump updates, including the Supreme Court's decision to take his extremely unserious claims of  Presidential immunity for all crimes seriously and complications to the defense's effort to disqualify Fani Willis from the Fulton County prosecution. Oh also, Trump doesn't want to pay any money and is complaining to the court on account of "I don't like this." If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Thomas Takes the Bar Exam!   It's time for the answers to last week's questions, plus two more!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1009    The Heritage Foundation's Project 2025 has been making headlines with its promises to set the next Republican president up with a full staff of loyal civil servants and a 920-page executive branch playbook--but what is actually in this thing, and what can we learn from it? Matt takes us through some disturbing echoes of 1933 Germany, which was a famously chill and cool time, showing us how the legal system has historically been used to turn democracies into autocracies. We learn that laws with the most boring names are often the scariest, and about the administrative violence of a well-timed memo.   1. Heritage Foundation's Mandate for Leadership (2023) 2. Presidential Personnel Database (Project 2025 job application) 3. Nazi Telegram with instructions for Kristallnacht (Nov 10, 1938)   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1008   Today we are serving up a tasteful pairing of radically destructive activism from one supreme court with a refreshing adherence to basic Constitutional law from another. We start in Alabama, where the state's highest court just found with no any apparent legal, factual, or moral justification whatsoever that a few hundred frozen cells are legally equivalent to a "child"--because God, probably? Unclear! We then review a recent example of the U.S. Supreme Court doing exactly what it is supposed to do: reviewing and unanimously reversing an obvious Constitutional violation, in this case one which put a man who had been acquitted on mental health grounds at risk of the death penalty.   1. Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine, P.C. 2. Ketanji Brown Jackson's decision for a unanimous court in McElrath v. Georgia, 601 U.S. ____ (2024) [PDF] 3. Free downloadable version of the Century Schoolbook typeface   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Thomas Takes the Bar Exam!   It's time for the answers to last week's questions, plus two more!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1007   It's Part 2! Fani testifies! It is high drama. Not only that, we hear from an incredible Cohen Brothers movie character for some reason. We also hear from Fani Willis's dad, someone who has led a fascinating life. Then finally, they put Wade's ex-partner Bradley on the stand and... try to make him talk for like 4 hours. It also takes a very dark turn.   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1006   Part 1! We watched 17 hours of Fulton Country Superior Court so you don't have to! Cohabitating lawyers Matt and Casey are here to break down many of the legal issues, from the mundane to the outright bizarre. These hearings were truly extraordinary. Some of the craziest courtroom drama to ever happen in the real world. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1005. So uh, yeah. About that. The news was so crazy that we recorded two different episodes and I had to stitch them together like a Frankenstein's Podster. Because WOW Georgia. In addition to that, Matt has for us a tour of the Trump legal circuit! It makes stops in DC, Florida, Georgia, and New York, with a brief layover in 1998 to reminisce about where we were the first time we heard an elected official talking about their sex life under oath. We share some initial impressions of the first day of Fulton County DA Fani Willis's disqualification hearing, debate whether Nathan Wade actually billed the county for 24 hours of work in one day, and consider what might happen next (and what probably should have earlier) in this unfortunate and entirely evitable sideshow to the single most important state criminal case prosecuted in our lifetimes. Also discussed: What's next for the stupidest impeachment in the history of impeachments? What's up with the House rule which makes tying a vote *much* worse than losing one? Is Robert Hur a doctor or does he just like playing one in special counsel reports? And we finally learn the one thing that truly makes Matt angry: FONTS.     1. Nixon v. U.S. (1993) 2. Trump's stay request to SCOTUS re: immunity claims 3. GA Defendant David Shafer's filing re: motion to disqualify 4. GA Code § 15-18-15 (2018) 5. Judge Merchan's denial of Trump's motion to dismiss If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

At laaaaaaaast it is the return of #T3BE! And we've got, not 1, not 2, but 3 questions! First, a question + answer to get warmed up, since we don't have any answers from previous weeks. THEN, the question everyone can play along with. AND THEN, it's the question only Patrons are elligible to win. But also, for patreons only, I've included the first question Matt and I ever did. We did some T3BE to practice, and this first one is maybe my favorite. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability. I used Dall-e for fun to create a T3BE graphic and it gave me "Thas BAR EXAM!" 10/10

This episode is brought to you by Trade Coffee! Visit drinktrade.com/oa Episode 1004. "What's going wrong?" Neil Young once asked Alabama, and it's still a good question 52 years later in the wake of the unprecedented execution of Eugene Michael Smith on January 25, 2024 by nitrogen gas. Casey returns to share why learning about the death penalty made her want to be a lawyer before we review the recent history of capital punishment in the U.S. and the dangers of an originalist interpretation of a "cruel and unusual" execution. We then take a closer look at how a completely untested method of taking a human life came to be used in Alabama and find some hope for an end to state-sanctioned murder.   1. VIDEO: Spiritual advisor Jeff Hood describes the execution of Eugene Michael Smith 2. VIDEO: Alabama Attorney General Steve Marshall describes Smith's execution as "textbook" 3. Bucklew v. Precythe :: 587 U.S. ___ (2019) 4. Sotomayor's dissent in Smith v. Hamm 5. Thomas and Alito's dissent in Hamm v. Smith 6. The Death Penalty in 2023: Year End Report | Death Penalty Information Center   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability. Graphic generated by Dall-e and seemed fitting.

Republicans thought they were going to impeach DHS Secretary Mayorkas but they didn't count on... AL GREEN!   There has been so much in the news that Matt and I thought we'd do some bonus recording, both to give you fine folks more content and also to keep practicing and getting into the groove. Matt breaks down the absurd Articles of Impeachment that some Republican intern typed up. Then we talk about the border bill Republicans demanded but then... fought against after Trump said to.   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

This episode is brought to you by Trade Coffee! Visit drinktrade.com/oa! In Episode 1003, Thomas and Matt are joined by Matt's partner, Casey, to discuss what's been going on with District Attorney Fani Willis down in Fulton County, Georgia. Perhaps you've heard about a scandal involving a relationship and a messy divorce... But how severe is it? How much of it is real, and how much is MAGA disinfo? What is likely to happen? Find out!  Casey was a prosecutor at the state level for more than 15 years. She has extensive experience in both trial and appellate litigation, including a substantial caseload of major felony and homicide matters. So not only are they a prosecutor and a defense attorney, but Matt and Casey also bring some extra insight when it comes to relationships between lawyers, as they are a real-life married lawyer couple! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

This episode is brought to you by Trade Coffee! Visit drinktrade.com/oa In episode 1002, we get to know Matt Cameron. He talks about his background, his legal practice and areas of expertise. I ask him about the case he is most proud of, and you will not believe what it took for him to win it! Then I ask him about the case he most regrets, and... wow. Let's just say Matt does incredibly difficult and important work.  You do not want to miss this one, these stories are so compelling, and they make me so excited going forward with OA and Matt onboard! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

#T3PB babyyyyyy!  Due to several good court thingies, this podcast is now hosted by Thomas Smith. Not too much can be said, but this episode contains a bit of how we got here, and the plan for the future.  If you'd like to support the show, please pledge at patreon.com/law and get your hands on the first lawsode with Matt Cameron! Plus lots of bonus things coming. For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Liz says goodbye.

On the day that Ron DeSantis dropped out of the Republican presidential primary and endorsed his personal bully, Donald Trump, Liz and Andrew cover two stories that could impact the 2024 presidential election. First, we tackle the centrist group "No Labels" request that the Civil Rights Division of the Department begin a criminal RICO investigation into... people who don't like the centrist group "No Labels." Neat! Then, we break down all of the pending actual law stuff going on in Trump's civil defamation suit in New York -- since precious little of that is going on in the courtroom itself. What's the rule of completeness? When are defenses waived? Who has a duty to mitigate? And so much more! Notes Habba Letter Brief re: Mitigation https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.272.0.pdf No Labels https://www.nolabels.org/documents/59546/DOJ%20letter%201.11.24.pdf Co-founder of No Labels resigns https://www.wsj.com/articles/no-labels-may-re-elect-donald-trump-third-party-independent-galston-rematch-f2e7697d Semafor article on No Labels https://www.semafor.com/article/12/19/2023/the-plot-against-no-labels -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew dive deeply into Alina Habba and Michael Madaio's efforts to cross-examine E. Jean Carroll and her expert, Dr. Ashlee Humphreys. Plus much, much more! Notes Ameriekalinje v. Sun P. P. Assn, 226 N.Y. 1 (1919) https://casetext.com/case/norske-ameriekalinje-v-sun-p-p-assn Justice Manual 9-5.000 https://www.justice.gov/jm/jm-9-5000-issues-related-trials-and-other-court-proceedings -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

After a roundup including the first day of the E. Jean Carroll trial, Liz and Andrew break down the latest SpaceX lawsuit and discuss what it might mean for the future of collective bargaining. Notes Nathan J. Robinson, researcher, Current Affairs, “Surely We Can Do Better Than Elon Musk,” April 7, 2021 https://www.currentaffairs.org/2021/04/surely-we-can-do-better-than-elon-musk S. Derek Turner, “Broadband Boondoggle: Ajit Pai's $886M Gift to Elon Musk,” Free Press, December 14, 2020 https://www.freepress.net/our-response/expert-analysis/insights-opinions/broadband-boondoggle-ajit-pais-886m-gift-elon-musk NLRB proceedings against SpaceX https://www.nlrb.gov/case/31-CA-307446 NLRA, 29 U.S.C. § 151 et seq.https://www.law.cornell.edu/uscode/text/29/chapter-7/subchapter-II NLRB damages chart https://www.nlrb.gov/reports/nlrb-case-activity-reports/unfair-labor-practice-cases/remedies-achieved/monetary-remedies SpaceX v. NLRB docket https://www.courtlistener.com/docket/68136196/space-exploration-technologies-corp-v-national-labor-relations-board/Paragraph -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew document Donald Trump's latest (failed) shenanigans in the E. Jean Carroll defamation trial set to begin in New York on Tuesday. Then, they break down in depth the motion to disappear the Fulton County, GA indictment on the grounds of DA Fani Willis's alleged relationship with special prosecutor Nathan Wade. NotesTrump DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump   E. Jean Carroll v. Trump (Carroll I) docket https://www.courtlistener.com/docket/18418220/carroll-v-trump/   Roman Motion to Dismiss GA https://s3.documentcloud.org/documents/24352568/roman-motion-to-dimiss-010824.pdf   Whitworth v. State, 622 S.E.2d 21 (Ga. App. 2005) https://scholar.google.com/scholar_case?case=3050238223814330373   Paragraph   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew describe the truly audacious plan cooked up by Trump and his counsel to disrupt his fraud trial's closing arguments. Then, the two break down a recent TRO entered prohibiting Ohio's social media ("anti-TikTok") law from going into effect. Notes Pew Media Poll https://www.pewresearch.org/short-reads/2023/10/31/81-of-us-adults-versus-46-of-teens-favor-parental-consent-for-minors-to-use-social-media/ NetChoice, LLC  v. Yost, 1/5 Complaint https://storage.courtlistener.com/recap/gov.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.1.0.pdf NetChoice, LLC v. Yost, 1/9 Order https://storage.courtlistener.com/recap/gov.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.27.0_1.pdf Ohio Rev. Code 1349.09 https://codes.ohio.gov/ohio-revised-code/section-1349.09 OA 767 https://openargs.com/oa767-porn-wont-someone-please-think-of-the-children-feat-ari-cohn/

"So, I understand your answer to be that if the President uses Seal Team Six to assassinate his political rival, and he hasn't been impeached and convicted by the Senate, he can't be prosecuted." That really happened. Liz and Andrew break down yesterday's pivotal argument before the Court of Appeals of the DC Circuit as to whether Donald Trump has immunity from prosecution for his efforts to steal the 2020 Election because he was the President. Notes Roman Motion to Dismiss GA https://s3.documentcloud.org/documents/24352568/roman-motion-to-dimiss-010824.pdf Trump brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208582803.0_3.pdf DOJ brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583920.0_1.pdf American Oversight amicus https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583989.0_1.pdf 167 Cong. Rec. S607 (daily ed. Feb. 9, 2021) https://www.congress.gov/117/crec/2021/02/09/CREC-2021-02-09.pdf Kel’s CLE class https://dcbar.inreachce.com/Details/Information/9e60ed07-539c-4b48-bc8b-cb75b543d99c -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

In this Trump-free episode, Andrew and Liz break down the civil trial of the National Rifle Association beginning TODAY in New York. No, the NRA isn't going to be dissolved, but yes, they could be hit with a ton of restrictions & some bad actors could be forced to fork over a ton of money, so you'll want to follow this story. Then, the duo tackle the passage of Steamboat Willie into the public domain. What is the public domain? What does it all mean?  Listen and find out! Notes DC Circuit livestream Trump Appeal Tuesday Jan 9, 9:30amET https://www.youtube.com/watch?v=PEQ1aToavl8  Babbitt Estate v. US — Docket via Court Listener https://www.courtlistener.com/docket/68139457/estate-of-ashli-babbitt-v-babbitt/ US v. Texas — Docket via Court Listener https://www.courtlistener.com/docket/68134300/united-states-v-texas/  NY Case Search https://iapps.courts.state.ny.us/nyscef/CaseSearch Appellate Docket No: 2023-06396 Trial Docket No: 451625/2020 US Copyright Office Circular 33 https://www.copyright.gov/circs/circ33.pdf Klinger v. Conan Doyle Estate (7th Cir. 2014) https://freesherlock.files.wordpress.com/2013/02/klinger-7th-circuit-opinion-c.pdf Secrecy, Self-Dealing, and Greed at the N.R.A. https://www.newyorker.com/news/news-desk/secrecy-self-dealing-and-greed-at-the-nra  NRA Awarded Contracts to Firms With Ties to Top Officials https://www.wsj.com/articles/nra-awarded-contracts-to-firms-with-ties-to-top-officials-1543590697  Paragraph   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down an entirely new argument being advanced by Trump's allies to get him back on the Colorado ballot. Will it work? Listen and find out! Then, the duo break down the latest barrage of nonsense filings in DC. Notes Colorado state court ruling https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023%20Final%20Order.pdf Colorado Supreme Court ruling https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf Lawfare Tracker on Trump DQ https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker OA 836 https://openargs.com/oa836-yes-a-court-found-that-trump-incited-an-insurrection-now-what-feat-seth-barrett-tillman/ OA 848 https://openargs.com/oa848-trump-is-off-the-ballot-in-colorado/ Socialist Workers Party of Ill. v. Ogilvie, 357 F. Supp. 109, 113 (N.D. Ill. 1972) https://scholar.google.com/scholar_case?case=13881601664092355452 Voting and Vice, 2012 Yale Law Review (Re and Re) https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5515&context=ylj Trump report on stolen election https://cdn.nucleusfiles.com/e0/e04e630c-63ff-4bdb-9652-e0be3598b5d4/summary20of20election20fraud20in20the20swing20states.pdf Trump lawyers’ doozy of a filing on voter fraud - Washington Post https://www.washingtonpost.com/politics/2024/01/03/trump-lawyers-doozy-filing-voter-fraud/  Rolling Stone on Trump turning trial into a MAGA freak show https://www.rollingstone.com/politics/politics-features/trump-plot-to-turn-jan-6-trial-into-maga-freak-show-1234938951/ Trump motion for order to show cause DC https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.192.0.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]  

Our first episode of 2024 is a Good News episode! First, Liz and Andrew break down a new argument that might get everything back on track in Trump's DC prosecution.   Then, the duo unpack a recent ruling enjoining Iowa's anti-LGBTQ book ban.   Notes Trump DC per curiam order https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208584150.0_5.pdf Trump DC immunity brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208582803.0_3.pdf Ed Meese amicus brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208584119.0_1.pdf American Oversight amicus brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583989.0_1.pdf In re Grand Jury Investigation, 916 F.3d 1047 (2019) https://scholar.google.com/scholar_case?case=8603210867025765580 D. Iowa Order re LGBTQ book ban https://storage.courtlistener.com/recap/gov.uscourts.iasd.85819/gov.uscourts.iasd.85819.65.0.pdf Iowa Senate File 496 https://www.legis.iowa.gov/docs/publications/LGE/90/SF496.pdf   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]    

After speedrunning the Year in Trump, Liz and Andrew share their favorite legal stories of 2023.   Notes MN state supreme court ruling in Growe v. Simon https://s3.documentcloud.org/documents/24138784/order-dismiss-not-stipulated-entire-case.pdf ME SOS determination re: Trump https://s3.documentcloud.org/documents/24245391/decision-in-challenge-to-trump-presidential-primary-petitions.pdf US v. Trump DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/ Michael Cohen ChatGPT https://storage.courtlistener.com/recap/gov.uscourts.nysd.499666/gov.uscourts.nysd.499666.104.0.pdf OA 751 https://openargs.com/oa751-chatgpt-writes-fake-opinions-real-judge-is-not-amused/ US v Trump SDFL Docket https://www.courtlistener.com/docket/67490070/united-states-v-trump/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

As we wind down 2023, Liz and Andrew bring you an entirely Trump-free, New Year's Eve-themed show!   First, the two discuss legal weed, President Biden's pardon, and what the future holds for those who like to smoke.   Then, Liz and Andrew discuss the legal minutiae of the Ninth Circuit's reversal of the conviction of Rep. Fortenberry (pictured). Ever wanted to know the difference between venue and vicinage? You will now! Thank you for listening to us in 2023!   Notes Sessions January 4, 2018 memo re marijuana prosecutions https://www.justice.gov/opa/pr/justice-department-issues-memo-marijuana-enforcement   Biden October 6, 2022 statement on marijuana  https://www.whitehouse.gov/briefing-room/statements-releases/2022/10/06/statement-from-president-biden-on-marijuana-reform/   21 U.S.C. § 844 https://www.law.cornell.edu/uscode/text/21/844   Fortenberry Ruling https://www.courtlistener.com/docket/60659391/united-states-v-fortenberry/ -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down what the latest decision by the Colorado Supreme Court means, how it will take effect, and how a court that claims to be devoted to textualism and originalism will grapple with arguments aimed squarely at their wheelhouse. You know you want it!   In the A segment, they also break down Trump's latest efforts to convince the Supreme Court to move really, really slowly.   Notes Colorado Supreme Court declares Trump ineligible for the ballot https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf   Lawfare Tracker on Trump DQ https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker   OA 836 https://openargs.com/oa836-yes-a-court-found-that-trump-incited-an-insurrection-now-what-feat-seth-barrett-tillman/   Anderson v. Griswold https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023%20Final%20Order.pdf   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew of course recorded this show before the big Colorado Supreme Court decision, but rest assured that breakdown is coming!   In this episode, Liz and Andrew discuss Trump's hapless legal filings across multiple jurisdictions before diving deeply into a surprising decision from the very conservative 11th Circuit regarding the scope of the federal criminal removal statute. What does it all mean? Listen and find out! There will be no show on Dec. 25 and 27th. Happy Holidays! Notes - Trump DC Cir date set - Jan 9 https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208580631.0_2.pdf   -Trump - Engoron - evaluation of witness testimony, denial of motion for DV https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=QbK_PLUS_LJnXDL9v6FtzC9ofmw==   -11th Cir - Pryor - Mark Meadows https://media.ca11.uscourts.gov/opinions/pub/files/202312958.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew react to the $148 million defamation verdict against Rudy Giuliani by pollworkers Shaye Moss and Ruby Freeman before tackling the latest barrage of motions to dismiss filed by Hunter Biden's lawyers in the Delaware gun charge case. If you need to cut through some right-wing nonsense over the holidays, this is the episode for you! Notes DOJ Order No. 5730-2023 appointing Weiss https://www.justice.gov/d9/2023-08/order.appointment_of_david_c._weiss_as_special_counsel.pdf Hunter Biden MTD - diversion agreement https://storage.courtlistener.com/recap/gov.uscourts.ded.82797/gov.uscourts.ded.82797.60.0.pdf Hunter Biden MTD - Selective and vindictive prosecution https://storage.courtlistener.com/recap/gov.uscourts.ded.82797/gov.uscourts.ded.82797.63.0.pdf Hunter Biden MTD - constitution https://storage.courtlistener.com/recap/gov.uscourts.ded.82797/gov.uscourts.ded.82797.61.0_1.pdf Hunter Biden MTD - Exceeded authority https://storage.courtlistener.com/recap/gov.uscourts.ded.82797/gov.uscourts.ded.82797.62.0.pdf OA793 https://openargs.com/oa793-the-right-wing-freakout-or-why-hunter-biden-rejected-his-plea-deal-feat-mitchell-epner/ Jury Verdict Sheet Giuliani https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.135.0_1.pdf Jenna Ellis Stipulation to Discipline https://www.coloradosupremecourt.us/PDF/Public/STIPULATION%20TO%20DISCIPLINE%20PURSUANT%20TO%20C.R.C.P.%20242.19.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew continue to cover a bunch of stories with the connected theme of how to push back against Donald Trump's efforts to use anything and everything to postpone his criminal trials. Also, there's rare good news regarding the Supreme Court and its refusal to grant certiorari in Tingley v. Ferguson, meaning that Washington state's law prohibiting conversion therapy stays in place. All that and much, much more, including a breakdown of the last day of Rudy's defamation lawsuit! This is a paid post on Patreon. NotesSCOTUS denies cert in Tingley https://www.supremecourt.gov/orders/courtorders/121123zor_e29g.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome back friend of the show Kel McClanahan to tell us about an oral argument at the US Court of Appeals for the DC Circuit that you can and should attend in an effort to get the Senate Intelligence Committee’s full report on torture during the Bush administration released to the public! Then, Liz and Andrew break down what’s really going on with the Hunter Biden tax indictment. Notes Hunter Biden tax indictment https://storage.courtlistener.com/recap/gov.uscourts.cacd.907805/gov.uscourts.cacd.907805.1.0_1.pdf IRS Criminal Tax Handbook https://www.irs.gov/pub/irs-utl/tax_crimes_handbook.pdf USSC on tax fraud https://www.ussc.gov/research/quick-facts/tax-fraud Sentencing Guidelines https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2023/GLMFull.pdf Musgrave v. Warner (DC Cir.) https://www.courtlistener.com/docket/66696476/shawn-musgrave-v-mark-warner/   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew tackle John Eastman's brief in his disbarment hearing arguing that the 2020 Presidential election was in fact stolen. It was not. In the A story, Andrew and Liz walk through Trump's latest efforts to invade the secrecy of confidential documents in the Southern District of Florida. Notes Moore v. Harperhttps://scholar.google.com/scholar_case?case=3002636935552946163 PA SOS final report on 2020 election https://www.dos.pa.gov/VotingElections/BEST/Pages/BEST-Election-Stats.aspx CA State Bar disbar Eastman brief https://discipline.calbar.ca.gov/portal/DocumentViewer/Index/VBqEKKzWq7BHFLcNbcYFBPwEVGppqKqRVh1jPShvzLRW-TqEo4kMqYD8POcD6IXmvjC-TMQt9Ct_mI544fmjiNq7TQItUIXPLobITmdyBQk1?caseNum=SBC-23-O-30029&docType=Pleading&docName=STATE%20BAR%20S%20CLOSING%20BRIEF&docTypeId=269&isVersionId=False&p=0 Eastman brief https://discipline.calbar.ca.gov/portal/DocumentViewer/Index/VBqEKKzWq7BHFLcNbcYFBC23fHVB3vvyF9PMGQpKVVc7_-vQjVVin5csFtC6SOfJDo4RbH-B8wXlyxxx4QUOMENofD03Bn0OynOnilZ86hY1?caseNum=SBC-23-O-30029&docType=Pleading&docName=DR.%20EASTMAN%20S%20POST-HEARING%20BRIEF&eventName=Brief&docTypeId=269&isVersionId=False&p=0 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew unpack the two recent decisions on Presidential immunity. What does it mean for the civil and criminal cases against Donald Trump?   But first, the duo unpack a recent Rule 404 filing by Special Counsel Jack Smith that reveals some (more) disturbing details of how Trump planned to hijack the 2020 Presidential election.   In the LONG Patreon bonus, Andrew and Liz parse through some seemingly-minor findings and show how they're part of the bad faith effort by Judge Aileen Cannon, FSW, to delay Trump's criminal trial for stealing national security documents.   it's a jam-packed episode you won't want to miss!   Notes Trump - Chutkan ruling on immunity https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.171.0.pdf   Trump DC Cir ruling on immunity https://storage.courtlistener.com/recap/gov.uscourts.cadc.38510/gov.uscourts.cadc.38510.1208575879.0_1.pdf   Nixon v. Fitzgerald, 475 U.S. 731 (1982) https://scholar.google.com/scholar_case?case=2587191009008442950 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew embark on a deep dive into a set of truly wild accusations against Trump's go-to lawyer, Alina Habba, who's accused of manipulating a young server into signing an illegal and one-sided settlement agreement to benefit Donald Trump's Bedminster golf course.    Was this really Alina Habba's audition to be the next Michael Cohen? Find out why this case matters and what's coming next!   Notes Bianco v. Lamington https://s3.documentcloud.org/documents/24179145/bianco-v-lamington-farm-club.pdf   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew bring you a trio of stories: first, the New York appellate court reinstated the gag order on Donald Trump, prohibiting him from attacking Justice Engoron's staff.  Next, learn how Hunter Biden outmaneuvered the GOP buffoons in Congress. Finally, geek out on the Supreme Court docket with Munsingwear! In the Patreon bonus, the two break down whether Trump has been able to sneak assets out of New York and if so, what Special Master Barbara Jones intends to do about it. Notes House Oversight Biden Subpoenas https://oversight.house.gov/release/comer-issues-subpoenas-to-biden-family-associates%EF%BF%BC/ Abbe Lowell Letter to James Comer re Hunter Biden Testimony https://www.politico.com/f/?id=0000018c-161a-dbbc-a1de-7e7e397f0000 NY Trump gag orders reinstated https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=2yAOg8Zx5CTVK5fRESuAVA== Trump petition to 1st AD https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=8mrJZIGwSPZTLMGpK_PLUS_pe_PLUS_g== Kendall v. Doster documents https://www.scotusblog.com/case-files/cases/kendall-v-doster/ DOJ petition in Kendall for Munsingwear vacatur https://www.supremecourt.gov/DocketPDF/23/23-154/275510/20230816162454819_Kendall%20III%20et%20al.%20v.%20Doster%20et%20al.%20.pdf Kendall v. Doster opp cert https://www.supremecourt.gov/DocketPDF/23/23-154/285403/20231018142033779_23-154%20Brief%20in%20Opposition%20Final.pdf Report from Barbara Jones in the Trump Org monitoring https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=tonmcCHZaSG8Oe1NLD6eEg== -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew dissect Trump's latest request for additional discovery in the DC indictment before analyzing Rudy Giuliani having found the one thing he fears more than Judge Beryl Howell: a jury of his peers! Notes Trump Motion for Discovery https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.167.0.pdf Trump DC indictment https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.1.0_12.pdf Trump DC indictment - PDF copy (scannable) https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf Rudy “Trial Brief” https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.107.0.pdf Mwani v. Bin Laden https://casetext.com/case/mwani-v-bin-ladin Freeman/Moss Opp Motion for Bench Trial https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.109.0.pdf Rudy response to Howell Minute Order https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.110.0.pdf Pence told Jan. 6 special counsel harrowing details about 2020 aftermath, warnings to Trump: Sources https://abcnews.go.com/US/pence-told-jan-6-special-counsel-harrowing-details/story?id=105183391 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz has finally beat the flu (or whatever) and makes her triumphant return breaking down a voting machine case in Georgia that is NOT crazy. So, of course, Mike "Lumpy Pillows" Lindell is lying about it. The duo also break down all the developments with Trump's various gag orders. Notes Affidavit in support of Trump gag order to NY First Judicial Department in Trump v. Engoron https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=inVGdvHSdXKWMxr30v8AXw== Trump DC Cir. Letter re: harassment of Engoron’s clerk https://storage.courtlistener.com/recap/gov.uscourts.cadc.40232/gov.uscourts.cadc.40232.1208573931.0_3.pdf Curling v. Raffensperger https://s3.documentcloud.org/documents/24163431/11-10-23-trial-order-denial-of-summary-judgment.pdf NAACP v. Sanders https://www.democracydocket.com/wp-content/uploads/2021/12/Opinion.pdf 52 USC 10308 https://www.law.cornell.edu/uscode/text/52/10308 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

With Liz sidelined, Andrew welcomes back friend of the show Seth Barrett Tillman for an in-depth discussion of Anderson v. Griswold, a Colorado state court opinion that found by clear and convincing evidence that Donald Trump incited an insurrection on January 6, 2021. What implications does that have? Listen and find out! This episode was released early for our Patrons and is a paid post on Patreon. Notes Anderson v. Griswoldhttps://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023%20Final%20Order.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Andrew and Liz tackle three updates: Elon Musk's "thermonuclear" lawsuit against Media Matters; Harrison Floyd's bond revocation hearing; and a truly terrible decision out of the 8th Circuit. Notes NAACP v. Sandershttps://www.democracydocket.com/wp-content/uploads/2021/12/Opinion.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Andrew and an ailing Liz break down Elon Musk's latest threat to try and sue a media outlet critical of Twitter into silence - this time, Media Matters for America - through the lens of his last lawsuit, against the tiny charity the Center for Countering Digital Hate, which produced an investigative report showing that Twitter profits from weaponized antisemitism and white supremacy.   Oh, and the duo begin with a Life Comes At You Fast, where Justice Arthur Engoron has already denied the Trump motion for a new trial discussed just last episode!   Notes CCDH, Toxic Twitter https://counterhate.com/wp-content/uploads/2023/02/Toxic-Twitter_FINAL.pdf   Engoron order denying motion for new trial https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=e7egXMrk5KE0sOyTUjgixg==&system=prod   CCDH Motion to Dismiss https://storage.courtlistener.com/recap/gov.uscourts.cand.416212/gov.uscourts.cand.416212.47.0_1.pdf   NY Judicial Ethics Opinion 98-19 https://nycourts.gov/legacyhtm/ip/judicialethics/opinions/98-19.htm   OA 795 https://openargs.com/oa795-the-x-filings-elon-musks-plan-to-leave-no-lawyer-behind/   Media Matters post 11/16 https://www.mediamatters.org/twitter/musk-endorses-antisemitic-conspiracy-theory-x-has-been-placing-ads-apple-bravo-ibm-oracle   Initial letters from Musk https://counterhate.com/blog/letters-from-the-lawyers-musk-threatens-ccdh-with-brazen-attempt-to-silence-honest-criticism/   Amended Complaint, X v. CCDH https://storage.courtlistener.com/recap/gov.uscourts.cand.416212/gov.uscourts.cand.416212.10.0.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the very real question of free speech versus a fair trial when viewed through the lens of (1) Donald Trump's motion for a mistrial in New York and (2) Trump's argument against the gag order to the DC Circuit. Come for the 1966 history, stay for hearing how Trump is going to lose! Oh, and our Liz Dye might have played a role in the whole mistrial thing.... Notes Trump NY motion mistrial https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=N0PX1FMtdplL/b5Oq9DwXg== Trump DC Cir Brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40232/gov.uscourts.cadc.40232.1208569217.0_1.pdf Trump gag order DC https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.105.0_2.pdf DOJ DC Cir Brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40232/gov.uscourts.cadc.40232.1208570955.0_4.pdf DC Local Rules https://www.dcd.uscourts.gov/sites/dcd/files/local_rules/Local%20Rules%20April_2023%282%29.pdf Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991) https://scholar.google.com/scholar_case?case=12991687764638238096 FRCP 26 https://www.law.cornell.edu/rules/frcp/rule_26 NYS Crim Pro 280.10 https://ypdcrime.com/cpl/article280.php Wheatley School alumni memo http://www.wheatleyalumni.org/BlogPost/Blogpost-20220911-78.html -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome back Mitchell Epner to explain exactly what happened with the Sam Bankman-Fried trial. Notes SBF Superseding indictment https://www.justice.gov/media/1311286/dl?inline= -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down a ruling that was surprising to many - Judge Aileen Cannon, FSW, denying Trump's motion to postpone his trial. What does it really mean? Listen and find out!   Then, the two break down Trump's litigation strategy (if you can call it that) in the E. Jean Carroll defamation lawsuit.   In the Patreon bonus, the two discuss Donald Trump's plan to save America from sliding into authoritarianism!   Notes Be sure to sign up for Liz's substack!     Marcy Wheeler on Trump production https://www.emptywheel.net/2023/10/29/the-piles-of-chris-kise-bullshit-devlin-barrett-claims-to-believe/   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down Donald Trump's testimony in the New York civil investigation. Then, Andrew welcomes back Joe Dye to talk about Tuesday's election results. You won't want to miss it!   Notes Engoron PSJ order https://www.documentcloud.org/documents/24120504-engoron-decision-sept-2023 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew welcome back Kel McClanahan to break down recent Classified Information Procedures Act ("CIPA") rulings in Donald Trump's cases in DC and Florida. What does it portend? Listen and find out! Notes Trump DC docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/ Trump SDFL docket https://www.courtlistener.com/docket/67490069/united-states-v-trump/ -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew catch you up on all of Trump's travails, from the civil investigation in New York to the two federal cases in DC and Florida. Oh, and we also learn more about Halloween from our listeners! Notes Trump DC docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/ Trump SDFL docket https://www.courtlistener.com/docket/67490069/united-states-v-trump/ SDFL superseding indictment https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.85.0_4.pdf Marcy Wheeler on Trump production https://www.emptywheel.net/2023/10/29/the-piles-of-chris-kise-bullshit-devlin-barrett-claims-to-believe/ Jencks Act, 18 U.S.C. § 3500. https://www.law.cornell.edu/uscode/text/18/3500 Underwear ATL https://abovethelaw.com/2022/09/florida-federal-court-using-underwear-shop-for-phone-storage-is-most-florida-thing-ever/ -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

In an entirely Trump-free show, Liz and Andrew break down the law of Halloween! Is it illegal to be a witch? Do you have to disclose your house is haunted before selling it? Can you sue Satan? And much, much more! NotesCharles West, Pope Leo of Bourges, Clerical Immunity and the Early Medieval Secular, in Early Medieval Europe (2021) https://eprints.whiterose.ac.uk/169821/1/Pope%20Leo%20of%20Bourges%2C%20clerical%20immunity%20and%20the%20early%20medieval%20secular.pdf Constitutions of Clarendon, 1164 https://avalon.law.yale.edu/medieval/constcla.asp Mullaney v. Wilbur, 421 U.S. 684 (1975) https://scholar.google.com/scholar_case?case=1049931246973296361 Stambovsky v. Ackley https://scholar.google.com/scholar_case?case=3290684836490834623 Mayo v Satan https://casetext.com/case/united-states-ex-rel-gerald-mayo-v-satan-and-his-staff 2016 US News article on Creepy Clown Sightings https://www.usnews.com/news/national-news/articles/2016-10-31/floridians-arm-themselves-against-creepy-clowns-on-halloween?context=amp Richard Ellis says he represented the seller https://www.ellissothebysrealty.com/blog/2016/10/31/haunted-house-the-legend-of-1-la-veta-place-nyack/ VA Beach 23-3 https://library.municode.com/va/virginia_beach/codes/code_of_ordinances?nodeId=CO_CH23OF_ARTIMIOF_S23-3PRTRTRAC Forsyth, IL 94-155 https://forsyth-il.gov/vertical/sites/%7B18717005-44FD-438D-B0BC-B86101984F4F%7D/uploads/Master_Copy.pdf Alabama can’t dress like clergy https://law.justia.com/codes/alabama/2020/title-13a/chapter-14/section-13a-14-4/ Hollywood silly string ordinance https://clkrep.lacity.org/onlinedocs/2004/04-0772_ORD_176176_10-06-2004.pdf Fortune-telling in SF https://www.loweringthebar.net/2006/08/fortunetelling_.html Fortune-telling New Orleans https://library.municode.com/la/new_orleans/codes/code_of_ordinances?nodeId=PTIICO_CH54CRCO_ARTVIOFAFPUGE OA 648 https://openargs.com/oa648-more-from-the-right-wing-war-on-free-speech/ -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew tackle two stories. In the A segment, the duo discuss Trump's civil trial in New York and his (so far unsuccessful) efforts to block the gag order entered against him in federal court in DC. Then they break down a case headed for oral argument at the Supreme Court in a few days, Vidal v. Elster, which presents the unfortunately timely question of whether someone can trademark a joke about Donald Trump's... hands (without his permission).   SHOW NOTES Trump DC docket https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148 Trump Reply Sup Stay of Gag Order https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.123.0_3.pdf Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991) https://scholar.google.com/scholar_case?case=12991687764638238096 In re Brunetti https://scholar.google.com/scholar_case?case=14505087584960254163 15 USC § 1052 https://www.law.cornell.edu/uscode/text/15/1052 Vidal v. Elster petitioner’s brief https://www.supremecourt.gov/DocketPDF/22/22-704/272918/20230725195926740_22-704tsUnitedStates.pdf Vidal v. Elster opposition brief https://www.supremecourt.gov/DocketPDF/22/22-704/278867/20230905184138600_Elster%20Merits%20Brief.pdf OA 165 https://openargs.com/oa165-you-heard-it-here-first-abortion-rights-gun-control-and-offensive-trademarks/   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew tackle two stories today. First, they break down exactly what is going on with Trump's various gag orders and his behavior in court in New York. Then, it's time for a classic deep dive about qui tam actions and how they've been hijacked with the help of possibly Trump's worst judicial appointment and weaponized against women. It's a story you need to know. In the Patreon bonus, the duo compare and contrast legal ethics between George Santos and Donald Trump and come out in favor of... George Santos??!? You heard us! Notes Trump Fulton County docket https://www.fultonclerk.org/DocumentCenter/Index/142   False Claims Act, 31 U.S.C. Subchapter III https://www.law.cornell.edu/uscode/text/31/subtitle-III/chapter-37/subchapter-III   31 U.S.C. § 3730 https://www.law.cornell.edu/uscode/text/31/3730   Doe v. PP Complaint https://storage.courtlistener.com/recap/gov.uscourts.txnd.343972/gov.uscourts.txnd.343972.2.0_5.pdf   Kacsmaryk 2022 Order denying Motion to Dismiss https://storage.courtlistener.com/recap/gov.uscourts.txnd.343972/gov.uscourts.txnd.343972.71.0.pdf   George Santos Superseding Indictment https://storage.courtlistener.com/recap/gov.uscourts.nyed.497086/gov.uscourts.nyed.497086.50.0_1.pdf   DOJ Conflicts motion- George Santos / Joseph Murray https://storage.courtlistener.com/recap/gov.uscourts.nyed.497086/gov.uscourts.nyed.497086.51.0_2.pdf   Gentile v. State Bar of Nevada, 501 US 1030 (1991) https://scholar.google.com/scholar_case?case=12991687764638238096 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew urge caution on some breaking news stories, including the ABC report that Mark Meadows has "flipped." Then, the duo tackle the Jenna Ellis plea in Fulton County, GA and a barrage of bizarre filings by Donald Trump in his federal case in DC. In the Patreon Bonus, Liz and Andrew analyze Jenna Ellis's legal advice as to how to steal the 2020 Election. Notes Trump Fulton County docket https://www.fultonclerk.org/DocumentCenter/Index/142 Jenna Ellis plea https://www.youtube.com/watch?v=Eu7uzRFDpTY Jenna Ellis original Fulton County indictment https://www.fultonclerk.org/DocumentCenter/View/2108/CRIMINAL-INDICTMENT Jenna Ellis superseding Accusation https://s3.documentcloud.org/documents/24079495/criminal-accusation-for-ellis-102423.pdf Jenna Ellis sparklemagic law memos! https://www.politico.com/f/?id=0000017d-a4d0-dac5-abff-a5ddcf600000 OCGA 16-10-1 https://law.justia.com/codes/georgia/2022/title-16/chapter-10/article-1/section-16-10-1/ OCGA § 16-10-20 https://law.justia.com/codes/georgia/2022/title-16/chapter-10/article-2/section-16-10-20/ Raffensperger letter https://sos.ga.gov/sites/default/files/2022-02/Letter_to_Congress_from_Secretary_Raffensperger_%281-6-21%29.pdf Trump DC Indictment https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.1.0_7.pdf 113 - MTD on Constitutional Grounds https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.113.0_1.pdf 114 - MTD on Statutory Grounds https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.114.0_2.pdf 115 - Motion to Strike https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.115.0.pdf 116 - MTD for Selective and Vindictive Prosecution https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.116.0_1.pdf

Liz and Andrew cover two main stories: (1) the plea bargain agreed to by Ken Cheseboro in Fulton County, Georgia, and (2) the ruling out of bankruptcy court that certain debts are "non-dischargeable in bankruptcy." What does that mean? Listen and find out! In the Patreon bonus, Andrew and Liz deep dive into the specific jury instructions and more to figure out why the results were different for similar plaintiffs in Texas. Notes Heslin v. Jones, Docket via Court Listener https://www.courtlistener.com/docket/66982798/heslin-v-jones/ Wheeler v. Jones, Docket via Court Listener https://www.courtlistener.com/docket/66983329/wheeler-v-jones/ 11 U.S. Code § 523 - Exceptions to discharge https://www.law.cornell.edu/uscode/text/11/523 The Federalist, “Sidney Powell’s Plea Proves Fulton County Prosecutor Went Nuclear To Get Trump” https://thefederalist.com/2023/10/20/sidney-powells-plea-proves-fulton-county-prosecutor-went-nuclear-to-get-trump/ Justice Engoron Gag Order  https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=jHhVNANx9_PLUS_/cjyUwT3y0zw== US v. Trump SDFL Docket via Court Listener https://www.courtlistener.com/docket/67490069/united-states-v-trump/ US v. Trump DDC Docket via Court Listener https://www.courtlistener.com/docket/67656595/united-states-v-trump/?order_by=desc -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down Sidney Powell's plea deal and much, much more! Notes Alliance for Fair Board Recruitment v SEC https://www.ca5.uscourts.gov/opinions/pub/21/21-60626-CV0.pdf ORDER ON DEFENDANTS’ MOTIONS TO DISMISS UNDER THE SUPREMACY CLAUSE AND FIRST AMENDMENT (Cheseboro & Powell) https://www.documentcloud.org/documents/24040510-23sc188947-order-sc-1st-amend-denial Jack Smith DC indictment https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf Sidney Powell Waiver of Indictment https://s3.documentcloud.org/documents/24041662/sidney-powell-deft-waiver-of-indictment.pdf Sidney Powell Accusation https://s3.documentcloud.org/documents/24041649/23sc190370-criminal-accusation.pdf OCGA § 21-2-597. Intentional Interference With Performance of Election Duties https://law.justia.com/codes/georgia/2022/title-21/chapter-2/article-15/section-21-2-597/ Trump Lawyer Acknowledged Political Agenda in Election Suit, Emails Show https://www.nytimes.com/2023/10/18/us/politics/kenneth-chesebro-trump-2020-election.html -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the mechanics of the vote for Speaker of the House, explain the incredibly narrow gag order issued by Judge Chutkan in the DC insurrection case against Donald Trump, and finish with a hilarious story of how Mike Lindell can't keep his terrible lawyers. Notes Tweet re Hannity https://twitter.com/juliegraceb/status/1713694255841992765?s=46&t=-f7nMHlPqmL9yztYDAx_1g Jan 6th Committee Final Report https://www.jan-6.com/_files/ugd/acac13_ffa28ed6c2694272a265860e447122c7.pdf Lindell  Eric Coomer Reply Supporting Plaintiff’s Motion for Sanctions  https://storage.courtlistener.com/recap/gov.uscourts.cod.215068/gov.uscourts.cod.215068.210.0.pdf Written gag order Chutkan https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.105.0_2.pdf Powell Motion in Limine https://s3.documentcloud.org/documents/24032438/powell-motion-in-limine-on-legal-authority-issue.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew round up a bunch of stories, from the Speaker of the House race to the responses to various trans and drag show bans.  -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew cover a bunch of stories, from the hapless Republican effort to find a Speaker of the House to this week at the Supreme Court & much, much more! -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew tackle all the stories in the news, from the dysfunctional House of Representatives to the latest developments in Fulton County, Georgia. -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]  

Liz and Andrew welcome back friend of the show Kel McClanahan to break down all of the national security developments in the Trump indictments. Find out what might be coming next in the document retention case.... -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew try to cover all the breaking news of the past two days, including Trump's civil and criminal trials, good news out of Alabama, and check out the tire tracks on Sidney Powell's back that seem to spell "Trump." Because it's Listener Friday, the duo answer a question about civil procedure and conflicts of laws that provides the perfect throughline to perhaps the dumbest Rudy Giuliani lawsuit yet. You won't want to miss it! Notes Trump MTD DC https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.74.0.pdf Sidney Powell MTD and general demurrer https://s3.documentcloud.org/documents/23994770/georgia-v-powell-demurrermotion-to-dismiss.pdf Judge Kaplan Order on Motion in Limine in Carroll III. https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.217.0.pdf Trump-appointed US appeals judge calls social media 'dangerous'  https://www.reuters.com/legal/government/trump-appointed-us-appeals-judge-calls-social-media-dangerous-2023-10-03/ Giuliani’s Drinking, Long a Fraught Subject, Has Trump Prosecutors’ Attention https://www.nytimes.com/2023/10/04/us/politics/rudy-giuliani-drinking.html -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew tackle the two biggest stories: Matt Gaetz having ousted Kevin McCarthy as Speaker of the House, and Donald Trump’s civil trial in New York. All that AND an Andrew Was Wrong featuring more on the 14th Amendment. In the Patreon bonus, the two tackle a Liz Was Not Wrong about why Trump doesn’t have a jury trial in New York. Hint: yes you can still make fun of Alina Habba! Notes Justice Engoron Order https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=op8OyfqVHpc6eGTx9LOw3Q== OAG v. Trump appellate decision https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=ReQsiVyUL/PE7F5_PLUS_RuqoMw== CBS News story on Trump conceding to $27 million valuation for Mar-a-Lago https://www.cbsnews.com/amp/news/trump-mar-a-lago-1-8-billion-own-company-said-it-was-too-high/?espv=1 SCOTUS orders 10/2 https://www.supremecourt.gov/orders/courtorders/100223zor_5368.pdf Eastman petition for cert https://www.supremecourt.gov/DocketPDF/22/22-1138/267263/20230519131455424_230516%20PWC%20corrected.pdf Trump Fulton County docket https://www.fultonclerk.org/DocumentCenter/Index/142 FC indictment https://s3.documentcloud.org/documents/23909542/23sc188947-criminal-indictment.pdf Seth Barrett Tillman, ‘Governor Newsom, Laphonza Butler, and the Constitution’s Plain Text,’ New Reform Club (Oct. 2, 2023, 3:54 PM), https://reformclub.blogspot.com/2023/10/governor-newsom-laphonza-butler-and.html>;  Josh Blackman & Seth Barrett Tillman, ‘Sweeping and Forcing the President into Section 3: A Response to William Baude and Michael Stokes Paulsen,’ 28(2) Tex. Rev. L. & Pol. (forth. circa Mar. 2024) (posted on: Sept. 12, 2023), https://ssrn.com/abstract=4568771>. Is There A Constitutional Right to a Jury Trial of Equitable Defenses in New York?, 74 St. Johns L. Rev. 1 (2000) https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1421&context=lawreview -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Andrew and Liz explain the recent Congressional funding bill, what it means for the country (good things!) & what it means for Speaker of the House Kevin McCarthy (bad things). What's a motion to vacate? Listen and find out!   Then, of course, the duo return to discuss all the recent developments in the RICO indictment in Fulton County, Georgia, including the plea deal by bail bondsman & former Donald Trump co-defendant Scott Hall. What does it all mean? We tell you!   Notes Trump Fulton County docket https://www.fultonclerk.org/DocumentCenter/Index/142   FC indictment  https://s3.documentcloud.org/documents/23909542/23sc188947-criminal-indictment.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew record a day early to discuss the breaking news out of state court in New York granting partial summary judgment to New York Attorney General Letitia James's civil lawsuit against Donald Trump, his kids, and his businesses over phony valuation statements. The upshot is that the Trump businesses will be dissolved as a matter of law. Mitchell Epner guests to help break down the nuances of New York law and procedure. It's not a criminal conviction, but it's a hell of a start! Notes Justice Engoron Order https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=op8OyfqVHpc6eGTx9LOw3Q== -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Andrew and Liz welcome back to the show National Security Counselor Kel McClanahan to break down a bunch of filings pursuant to the Classified Information Procedures Act, and tell us how to keep our eyes on Judge Cannon! Notes Chris Geidner "Law Dork" on the Fifth Circuit https://www.lawdork.com/p/fifth-circuit-adf-training-book-ban-social-media CIPA - Appendix 13 to Title 18 of the US Code https://www.law.cornell.edu/uscode/text/18a/compiledact-96-456 Trump’s motion for CIPA Section 4 scheduling https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.160.0.pdf DOJ CIPA Section 3 Brief https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.162.0.pdf Nauta/DeOliveira CIPA Section 3 Brief https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.163.0.pdf DOJ CIPA Motion Under Seal in DC ( cover page) https://www.courtlistener.com/docket/67656604/59/1/united-states-v-trump/ -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the recent indictment of Sen. Bob Menendez plus much, much more. Notes Menendez indictment https://www.justice.gov/d9/2023-09/u.s._v._menendez_et_al_indictment.pdf McDonnell v. US, 136 S.Ct. 2355 (2016) https://scholar.google.com/scholar_case?case=7646544289520795258 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the week's developments before heading into a deep dive about baseball's antitrust exemption and a new petition for certiorari filed by... unicorns? Even if you're not a sports fan, you won't want to miss this one! Notes OA 696 https://openargs.com/oa696-in-which-james-okeefe-pretends-to-be-a-journalist/ Fulton County GA - DA Willis Motion notifying Judge McAfee of potential conflicts https://s3.documentcloud.org/documents/23986592/23-0920-notice-of-potential-conflicts-of-interest-concerning-attorneys.pdf Anna Bower, Fake Crocodiles and Fake Electors in Fulton County https://www.lawfaremedia.org/article/fake-crocodiles-and-fake-electors-in-fulton-county Project Veritas Suspends All Operations Amid Devastating Layoffs and Fundraising Struggles https://www.mediaite.com/news/new-project-veritas-suspends-all-operations-amid-devastating-layoffs-and-fundraising-struggles/ Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, 259 U.S. 200 (1922) https://scholar.google.com/scholar_case?case=5457794249908053604 Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953) https://scholar.google.com/scholar_case?case=1315902585984637212 Flood v. Kuhn, 407 U.S. 258 (1972) https://scholar.google.com/scholar_case?case=1568944639886480553 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

In this Episode, Andrew and Liz outline the issues underlying the recent law review article by Professors Will Baude and Michael Stokes Paulsen suggesting that Trump can be disqualified from the Presidency by virtue of Section 3 of the 14th Amendment. After that, the two return to the linkroll to discuss the many, many developments in and around Trumpworld, including whatever happened to that guy Ray Epps that Tucker Carlson insists is a federal agent plant? (Hint: he's not.) In the Patreon bonus, Liz and Andrew describe more of the sad legal trevails of David Shafer, cosplay elector. Notes OA 35 https://openargs.com/oa35-emoluments-clause-wseth-barrett-tillman-part-1/ OA 36 https://openargs.com/oa36-emoluments-clause-wseth-barrett-tillman-part-2/ Baude & Paulsen, “The Sweep and Force of Section Three”, 172 U. Pa. L. Rev. (forthcoming 2024) https://deliverypdf.ssrn.com/delivery.php?ID=995103073068092081092071118086002065023073053045056031120084030066073022088005028078011036036121038023044082013118012025083101019006033017032126091082092002112010046001043008098085115025107069005116107119092023024116117112126020097081101012025127123&EXT=pdf&INDEX=TRUE In re Griffin (Griffin’s Case), 11 F. Cas. 7 (1869) https://law.resource.org/pub/us/case/reporter/F.Cas/0011.f.cas/0011.f.cas.0007.html US v. Ray Epps docket https://www.courtlistener.com/docket/67807327/united-states-v-epps/ Anna Bower, On Clerks and Caimans: Jeffrey Clark’s Removal Hearing  https://www.lawfaremedia.org/article/on-clerks-and-caimans-jeffrey-clark-s-removal-hearing -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew talk about the surprising acquittal of Texas Attorney General Ken Paxton on all 16 articles of impeachment before discussing the companion efforts to gum up the works in the attempt to hold Donald Trump and his co-conspirators responsible for trying to steal the 2020 Presidential Election. In the Patreon Bonus, Liz and Andrew set the record straight on Michael Flynn in light of the government's recent motion to dismiss Flynn's attempt to sue for wrongful prosecution. (Hint: he was not wrongfully prosecuted.) Notes Middlebrooks order dismissing Trump's motion to disqualify https://storage.courtlistener.com/recap/gov.uscourts.flsd.610157/gov.uscourts.flsd.610157.342.0.pdf DOJ motion to dismiss in Flynn v. US https://storage.courtlistener.com/recap/gov.uscourts.flmd.411523/gov.uscourts.flmd.411523.38.0.pdf DOJ’s reply to Trump’s motion for Chutkan recusal https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.54.0_2.pdf Trump reply brief supporting DQ Chutkan https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.58.0.pdf Clark reply sup removal https://storage.courtlistener.com/recap/gov.uscourts.gand.319419/gov.uscourts.gand.319419.41.0.pdf Meese amicus in lawsuit against MLB https://theacru.org/wp-content/uploads/Job-Creators-Network-Amicus-Brief.pdf Axios, “Scoop: How GOP pressured Texas senators over Paxton's impeachment trial” https://www.axios.com/2023/09/17/ken-paxton-texas-impeachment-gop -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Hunter Biden was indicted; what does it mean? Liz and Andrew bring you that, plus an extra-length linkroll today to cover all the week's developments, all before tackling a listener question about the federal removal statute. In the Patreon bonus, the two talk more about the social media case of Missouri v. Biden, which heads to the Supreme Court. Notes SCOTUS administrative stay in Missouri v. Biden https://www.courtlistener.com/docket/63290154/333/missouri-v-biden/ Trump SDFL Docket https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/ Cannon order granting protective order https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.150.0.pdf Willis brief on federal removal https://storage.courtlistener.com/recap/gov.uscourts.ca11.84175/gov.uscourts.ca11.84175.20.0_4.pdf 2018 GAO gun report https://www.gao.gov/assets/gao-18-440.pdf  OA 778 https://openargs.com/oa778-geese-ganders-affirmative-action-are-we-overreacting-to-sffa-v-harvard-feat-guha-krishnamurthi/ OA 790 https://openargs.com/oa790-the-trump-prosecutions-a-tale-of-two-courtooms/ -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew begin with a discussion of Kevin McCarthy's efforts to impeach Ice Cream Joe before the linkroll roundup of all the major developments over the past few days. Then, in the main segment, the two discuss the fate of the right-wing nonsense suit in Missouri v. Biden, in which a Trump-appointed judge essentially prevented the Biden administration from reporting nonsense on social media. Did the Fifth Circuit save the day?? Listen and find out! In the Patreon bonus, the duo dive deeply into the Fulton County Special Purpose Grand Jury report that Donald Trump tried so hard to disappear. What... good news for Trump might it hold?? Notes OA 713 https://openargs.com/oa713-state-ags-sue-anthony-fauci-for-booting-them-off-twitter/ OA 739 https://openargs.com/oa739-5-million-says-mike-lindell-is-full-of-stuffing/ OA 771 https://openargs.com/oa771-trump-judge-burns-down-first-amendment-to-save-free-speech/ In re Lindell Mgmt LLC Litigation Docket https://www.courtlistener.com/docket/67410449/in-re-lindell-management-llc-litigation/?order_by=desc  Trump DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/  Trump Motion to recuse Chutkan https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.50.0_10.pdf Chesebro MTD Fulton County https://www.documentcloud.org/documents/23972733-23sc188947-motion-13-chesebro-mtd Missouri v Biden docket https://www.courtlistener.com/docket/67563473/state-of-missouri-v-biden/ Missouri v Biden 5th Circuit opinion https://storage.courtlistener.com/recap/gov.uscourts.ca5.214640/gov.uscourts.ca5.214640.238.1.pdf Liz ATL on Trump’s Motion to Recuse Chutkan https://abovethelaw.com/2023/09/trump-quits-shitposting-about-federal-judges-to-demand-they-recuse-to-promote-faith-in-judiciary/ 2019 OLC Memo on Impeachment https://www.justice.gov/d9/opinions/attachments/2020/01/20/2020-01-19-impeach-invest.pdf  -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down all the latest developments before taking a deep dive into the significance of Mark Meadows's stunning loss in trying to remove his criminal indictment from state court in Fulton County, Georgia to federal court. What does that mean for Donald Trump? Listen and find out! In the Patreon bonus, Liz and Andrew discuss the testimony of a key upcoming witness who definitely has the goods on Donald Trump. Notes OA 785 https://openargs.com/oa785-all-gerrymandering-is-local-feat-joe-dye/ Coomer v. Lindell Docket https://www.courtlistener.com/docket/63296393/coomer-v-lindell/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc  State of GA v. Clark, Docket  https://www.courtlistener.com/docket/67713789/the-state-of-georgia-v-clark/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc  Order granting injunctive relief in Milligan v. Allen https://storage.courtlistener.com/recap/gov.uscourts.alnd.179302/gov.uscourts.alnd.179302.272.0.pdf Giuliani Motion for Indictment Perfect in Form https://cms.themessenger.com/wp-content/uploads/2023/09/Giuliani-motion-9.8.23.pdf Donaghue Jan 6th testimony https://www.govinfo.gov/content/pkg/GPO-J6-TRANSCRIPT-CTRL0000034600/pdf/GPO-J6-TRANSCRIPT-CTRL0000034600.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew try a lightning round segment, answer a listener question, and then update you on the travails of Trump's lawyers as defendants in Fulton County, Georgia and as conflicted-out scoundrels in the US District Court for the Southern District of Florida. Notes Hunter Biden Docket https://www.courtlistener.com/docket/67511701/united-states-v-biden/?order_by=desc  US v. Abbott Docket https://www.courtlistener.com/docket/67630985/united-states-v-abbott/?order_by=desc Rejection Trump Boys’ Motion for Stay  https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=7VeIswUTaqJ_PLUS_2jqwndUGqQ==&system=prod Fulton County docket https://www.fultonclerk.org/DocumentCenter/Index/142 Chesebro Motion to dismiss https://www.fultonclerk.org/DocumentCenter/View/2159/MOTION-TO-DISMIS-UNDER-THE-SUPREMECY-CLAUSE---CHESEBORO DA Fani Willis letter to Jim Jordan https://s3.documentcloud.org/documents/23941366/jim-jordan-letter.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Okay, so it's an all-Trump episode... but you won't want to miss Liz and Andrew breaking down whether Donald Trump can sever his case from his co-defendants in Fulton County, along with updates on the Trump DC case and the impending disbarment of Trump's little buddy and insurrectionist mastermind, John Eastman. In the Patreon bonus, the duo update you on Day 1 of Trump lackey Pete Navarro's trial for failure to comply with the January 6th Committee's congressional subpoena. Notes Trump DC docket https://www.courtlistener.com/docket/67656595/united-states-v-trump DOJ reply Opp Motion to Vacate https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.49.0.pdf Perry DC Cir docket https://www.courtlistener.com/docket/66700176/in-re-sealed-case/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Willis Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F0FC73AC40C5 Trump Motion to Sever https://s3.documentcloud.org/documents/23933074/23sc188947-motion-6.pdf Jan 10 2021 Eastman email to Valerie Moon https://storage.courtlistener.com/recap/gov.uscourts.cacd.841840/gov.uscourts.cacd.841840.350.8_4.pdf Liz Wonkette on Gohmert https://www.wonkette.com/p/dumbest-man-in-congress-files-election-lawsuit-that-would-make-a-krakenhead-blush -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today's show welcomes Georgia criminal defense and appellate attorney Andrew Fleischman to the show to help answer Liz and Andrew's questions about the case against Donald Trump and his criminal enterprise in Fulton County, Georgia.  You might be surprised at some of the things the major news outlets aren't getting right.... Notes DA Fani Willis’s Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F0FC73AC40C5 Chesebro’s Response to Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2152/23SC188947-RESPONSE-TO-STATES-MOTION-KENNETH-JOHNS-CHESEBRO -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew tackle the latest right-wing nonsense freakout talking point: that Joe Biden, as Vice-President, used secret email accounts to backchannel his criminal plotting to his son Hunter. Learn how every bit of this claim is complete nonsense as we break down the latest FOIA lawsuit filed by the Southeastern Law center. After that, the two discuss Sidney Powell's hilarious motion to sever her criminal indictment from everyone else in Fulton County, Georgia AND the ongoing saga of Trumpland lawyers and their conflicts. And if all that isn't enough, in the Patreon bonus, Liz and Andrew talk about the most recent developments with Trump lackey Peter Navarro. Notes New York Post story on Biden's emails https://nypost.com/2023/08/29/biden-sent-5400-secret-emails-under-different-pseudonyms/ SLF v. NARA complaint https://storage.courtlistener.com/recap/gov.uscourts.gand.319627/gov.uscourts.gand.319627.1.0.pdf SLF docket https://www.courtlistener.com/docket/67738744/southeastern-legal-foundation-inc-v-national-archives-and-records/ Sidney Powell Motion to Sever https://s3.documentcloud.org/documents/23932460/23sc188947-motion-4-powell-sever.pdf Sidney Powell J6 Testimony https://www.govinfo.gov/content/pkg/GPO-J6-TRANSCRIPT-CTRL0000082296/pdf/GPO-J6-TRANSCRIPT-CTRL0000082296.pdf Fulton County indictment https://www.fultonclerk.org/DocumentCenter/View/2108/CRIMINAL-INDICTMENT  De Oliveira opposition to Garcia https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.137.0.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

It's our 800th Episode! Surprisingly, Mark Meadows testified at his removal hearing in Georgia, which means that he has likely waived his Fifth Amendment rights against self-incrimination. To understand what happened and why, Liz and Andrew welcome back friend of the show Mitchell Epner. Could this mean that Meadows will flip on Trump -- and if so, when?? Listen and find out! Notes GA v. Meadows federal docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/ Judge Jones order re: supplemental briefing in Meadows https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/ Meadows emergency motion for removal https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.17.0_1.pdf Meadows motion to dismiss on supremacy clause grounds https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.16.1.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew tell you everything you need to know about Mark Meadows's efforts to remove the Fulton County, GA RICO indictment to federal court; about Sidney Powell's efforts to demand a speedy trial; and about the rising tension between Donald Trump and the rest of his co-conspirators.   After that, the duo break down the impending ethics crisis in the Southern District of Florida documents retention case, and discuss how Judge Aileen Cannon, FSW, is on the verge of ignoring very real conflicts that could prevent Trump's two co-defendants from getting a fair trial.   Notes Fulton County GA docket https://www.fultonclerk.org/DocumentCenter/Index/142   Georgia v. Meadows removal (federal) docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/   State of Georgia v. Clark (federal removal docket) https://www.courtlistener.com/docket/67713789/the-state-of-georgia-v-clark/   GA v. Latham federal removal docket https://www.courtlistener.com/docket/67730534/the-state-of-georgia-v-latham/   Latham removal https://storage.courtlistener.com/recap/gov.uscourts.gand.319599/gov.uscourts.gand.319599.1.0.pdf   Chesebro speedy trial motion https://s3.documentcloud.org/documents/23925099/23sc188947-demand-for-speedy-trial.pdf   Sidney Powell speedy trial motion https://www.fultonclerk.org/DocumentCenter/View/2126/DEMAND-FOR-SPEEDY-TRIAL-SIDNEY-POWELL   Meadows reply sup removal https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.45.0_1.pdf   Ulbrich v. State, 870 S.E.2d 859 (2022) https://scholar.google.com/scholar_case?case=8364812589412216761   CNN on identity of 30 unindicted co-conspirators https://www.cnn.com/2023/08/17/politics/trump-georgia-30-unindicted-co-conspirators/index.html   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today is a good day. Liz and Andrew enjoy the string of losses dealt to the Trump criminal enterprise in Fulton County, Georgia and then follow that up with some listener questions! If you wonder why it matters whether Mark Meadows can remove the case to federal court, this show is for you! If you're curious as to why some defendants want a speedy trial while others (*cough* Donald Trump) want to wait a decade, this show is for you! And if you just want to kick back and enjoy the criminal justice system at work, this show is definitely for you. In the Patreon bonus, Andrew and Liz break down the law of severance and discuss whether Trump will be able to get out from his 18 cronies. Notes Fulton County, GA docket https://www.fultonclerk.org/DocumentCenter/Index/142 Georgia v. Meadows removal (federal) docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/ 5 U.S.C. § 7323 https://www.law.cornell.edu/uscode/text/5/7323 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew check in on the latest developments from the Trump indictments in Fulton County, GA with a RICOsplainer and a gaggle of removals; in Washington, DC with a complaint about a Statue of Liberty-sized mountain of discovery; and in the Southern District of Florida with an argument so bad it took Stan Woodward to make it. In the Patreon bonus, the duo tackle yet another chimera bred by Jeff "Oil Spill" Clark. Notes Georgia v. Trump (Fulton County) docket https://www.fultonclerk.org/DocumentCenter/Index/142  State of GA v. Meadows, federal docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc US v. Trump, DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/?order_by=desc  Trump DC Opposition to trial date https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.30.0_4.pdf US v. Trump (SDFL documents) docket https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/ DOJ Motion for Garcia hearing https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.123.0_1.pdf Nauta/Woodward opp Garcia hearing https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.126.0_2.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew discuss developments in the Fulton County, Georgia indictment with respect to Mark Meadows before welcoming guest Chris Regan to discuss the "two systems of justice" in our country: one for every other criminal defendant, and one for Donald Trump. The interview ends with a discussion of West Virginia politics and the future of Joe Manchin that you don't want to miss! Notes Meadows motion to dismiss on supremacy clause https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.16.1.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew bring you a (mostly) Trump-free show discussing all things Twitter, including the recent sanctions imposed for failure to comply with a search warrant, a lawsuit against the former Twitter lawyers, and a truly oppressive lawsuit designed to deter a charity that's critical of... Elon Musk's policies.   NotesX v. Wachtell, Complaint https://fingfx.thomsonreuters.com/gfx/legaldocs/dwvkdolbxpm/X%20Corp%20v%20Wachtell%20-%2020230705.pdf X v. CCDH Amended Complaint https://storage.courtlistener.com/recap/gov.uscourts.cand.416212/gov.uscourts.cand.416212.10.0.pdf July 20, 2023 X Cease and Desist letter to CCDH https://counterhate.com/wp-content/uploads/2023/07/07.20.2023-Letter-to-Imran-Ahmed.pdf Twitter search warrant trial transcript https://www.dcd.uscourts.gov/sites/dcd/files/23sc31%20Attachment%20A%20-%20Documents%20unsealed%20with%20redactions.pdf New York Times reporting on hate speech on Twitter https://www.nytimes.com/2022/12/02/technology/twitter-hate-speech.html CCDH, Toxic Twitter https://counterhate.com/wp-content/uploads/2023/02/Toxic-Twitter_FINAL.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

It's here! Liz and Andrew break down the 41-count, 19-defendant indictment of Donald Trump on state criminal charges in Fulton County, Georgia. Notes Trump Fulton County, GA indictment https://www.politico.com/f/?id=00000189-f730-dc32-ab89-f7fc1f760000 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome back friend of the show Mitchell Epner for an episode dedicated to understanding the right wing's latest distractions, including their bizarre and wrong argument that the DOJ corruptly agreed to funnel a sweetheart deal to Hunter Biden. Find out the truth - including why Hunter Biden's lawyers rejected the plea deal! - in this episode.  You won't want to miss it! -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

We're back to a Trump show as Liz and Andrew break down the latest Trump filing in the Southern District of Florida documents case before moving on to DC to discuss Co-Conspirators 2 and 5, John Eastman and Ken Chesebro, particularly in light of the latest email discovered in which the Cheese suggests everybody ought to do some light criming! Notes  US v. Trump (SDFL documents) docket https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/ SDFL order striking GJ evidence https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.100.0_1.pdf  Trump Objection to Proposed Protective Order https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.104.0.pdf  Eastman motion to stay disbarment https://s3.documentcloud.org/documents/23901160/sbc-23-o-30029-respondents-motion-for-abatement-of-state-bar-disciplinary-proceeding-declaration-of-zachary-mayer.pdf  Trump DC docket https://www.courtlistener.com/docket/67656604/united-states-v-trump/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Greg Jacob Jan 6 testimony https://www.govinfo.gov/content/pkg/GPO-J6-TRANSCRIPT-CTRL0000040479/pdf/GPO-J6-TRANSCRIPT-CTRL0000040479.pdf Chesebro Dec. 6 memo https://int.nyt.com/data/documenttools/chesebro-dec-6-memo/ce55d6abd79c2c71/full.pdf OA 782,  Debunking Hawaii 1960 Precedent https://openargs.com/oa782-no-shut-up-republicans-do-not-get-to-steal-elections-because-of-hawaii-in-1960/ -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Yes, you read that correctly. This is a classic OA deep dive, in which Liz and Andrew break down a disturbing sanctions order issued by a Trump-appointed judge in Texas who, all on his own, decided to order Southwest Airlines to fly out a bigot from the Alliance Defending Freedom to teach their lawyers how to be bigots.   It's bad. Notes Geidner substack https://www.lawdork.com/p/judge-orders-adf-religious-liberty-training Carter Amended Complaint https://storage.courtlistener.com/recap/gov.uscourts.txnd.292215/gov.uscourts.txnd.292215.9.0.pdf Carter Jury verdict https://storage.courtlistener.com/recap/gov.uscourts.txnd.292215/gov.uscourts.txnd.292215.348.0.pdf Court Dec. 5, 2022 Order https://storage.courtlistener.com/recap/gov.uscourts.txnd.292215/gov.uscourts.txnd.292215.374.0_1.pdf Southwest email of “Recent Court Decision” https://storage.courtlistener.com/recap/gov.uscourts.txnd.292215/gov.uscourts.txnd.292215.383.2.pdf Southwest Opposition https://storage.courtlistener.com/recap/gov.uscourts.txnd.292215/gov.uscourts.txnd.292215.394.0.pdf SPLC on ADF https://www.splcenter.org/fighting-hate/extremist-files/group/alliance-defending-freedom ADF intervention brief https://www.splcenter.org/sites/default/files/adf-ap-and-others-v-france-echr-brief.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew compare and contrast procedural motions in both the Southern District of Florida (the document retention case) and the District of Columbia (the conspiracy to overthrow the elections case). What does a motion for a protective order tell us about how Special Counsel Jack Smith intends to prosecute both cases? Listen and find out! In the Patreon bonus, Liz updates us on developments in the E. Jean Carroll trial. Notes US v. Trump (SDFL documents) docket https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/ Cannon 8/7 order striking pleadings https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.100.0_1.pdf TRUMP RESPONSE TO PROTECTIVE ORDER https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.14.0_5.pdf Fed R. Crim. P. 6 https://www.law.cornell.edu/rules/frcrmp/rule_6 OA 788 https://openargs.com/oa788-all-my-conflicts-a-discussion-of-trumps-lawyers-more-feat-mitchell-epner/ -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the weekend's developments in Trump's criminal case in DC for conspiring to steal the 2020 election, including a rundown of the terrible arguments being made by his newest lawyer, John Lauro. Notes U.S. v. Trump docket https://www.courtlistener.com/docket/67656604/united-states-v-trump/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc US v. Trump motion for protective order https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.10.0_11.pdf  Proposed DOJ protective order - tracks Judge Nichols order https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.10.1_6.pdf Trump motion for extension of time https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.11.0_2.pdf DOJ opposition to Trump motion https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.12.0_1.pdf Hammerschmidt v. US, 265 U.S. 182 (1924) https://scholar.google.com/scholar_case?case=1069163203100596643 Rolling Stone, Jack Smith Has an Indictment. Trump Has a Massive Plan for Revenge  https://www.rollingstone.com/politics/politics-features/donald-trump-jack-smith-indictment-jan6-justice-department-1234800968/ -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome back to the show Mitchell Epner, who helps break down today's arraignment of Donald Trump in DC, with a particular focus on the conflicts of interest surrounding Stan Woodward (in Florida) and Todd Blanche (in DC). Notes US v. Trump (DC) docket https://www.courtlistener.com/docket/67656604/united-states-v-trump/ Blanche PHV https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.7.0.pdf US v. Trump (SDFL) Garcia motion https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.97.0.pdf US v. Garcia, 517 F.2d 272 (1975) https://scholar.google.com/scholar_case?case=2468718350509973831 Liz's Wonkette on “Free Speech” defense https://www.wonkette.com/p/no-shut-up-new-york-times-the-first -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

It's INDICTMENT DAY! Liz and Andrew release an emergency episode one day early that tells you everything you need to know about the just-released Trump DC indictment! Notes TRUMP DC Indictment https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.1.0_2.pdf J6 committee report https://www.govinfo.gov/content/pkg/GPO-J6-REPORT/pdf/GPO-J6-REPORT.pdf Ricky Vaughn Complaint https://www.justice.gov/d9/press-releases/attachments/2021/01/27/mackey_complaint_0.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew begin by discussing the latest developments in Fulton County, Georgia. No, it's not a Trump indictment - but it is the next best thing! After that, the duo break down Trump's latest LOLsuit loss in Trump v. CNN, and discuss how Trump may aim to leverage that loss into an argument to overturn the most important Supreme Court case in terms of press freedom: New York Times v. Sullivan. Notes OA 744 https://openargs.com/oa744-georgia-fake-electors-scheme-gets-real-feat-lawfares-anna-bower/ McBurney order denying Motion to Quash, Preclude, and Recuse https://www.fultonclerk.org/DocumentCenter/View/2057/EX-PARTE-FILING-7-31-23 Fulton County docket http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc Trump v. CNN complaint https://storage.courtlistener.com/recap/gov.uscourts.flsd.621239/gov.uscourts.flsd.621239.1.0.pdf Order dismissing Trump v. CNN https://storage.courtlistener.com/recap/gov.uscourts.flsd.621239/gov.uscourts.flsd.621239.31.0_1.pdf State v. Lampl, 770 S.E.2d 629 (Ga. 2015) https://scholar.google.com/scholar_case?case=13555564276998303856 Roth v. United States, 354 U.S. 476, 484 (1957) https://scholar.google.com/scholar_case?case=14778925784015245625 Carson Holloway, “Overturn New York Times v. Sullivan”, The American Conservative, Sep. 9, 2022. https://www.theamericanconservative.com/overturn-new-york-times-v-sullivan/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome a very special guest expert to break down redistricting in Alabama, Miami, and elsewhere in light of Allen v. Milligan. This is an unpaid post on Patreon. Notes Grace, Inc. v. Miami https://storage.courtlistener.com/recap/gov.uscourts.flsd.625372/gov.uscourts.flsd.625372.94.0.pdf Merrill v. Milligan (2022) https://www.supremecourt.gov/opinions/21pdf/21a375_d18f.pdf Allen v. Milligan (2023) https://www.supremecourt.gov/opinions/22pdf/21-1086_1co6.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

HERE IT IS! Liz and Andrew break down a rapid response to the superseding indictment of Donald Trump in the Mar-a-Lago documents case. As a bonus, the duo also discuss today's DOJ filing for a protective order and what it tells us about Trump's strategy (hint: it's greymail). Notes Trump Superseding Indictment https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.85.0_1.pdf Trump Superseding indictment summary https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.86.0.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the latest developments in Hunter Biden's plea deal and help inoculate you against the coming right-wing storm of misinformation suggesting something nefarious. In the Patreon bonus, Andrew and Liz take a deep look at the Trump SDFL docket and discover something very interesting about Special Counsel Jack Smith. Notes Liz’s ATL on Giuliani https://t.co/CN4aal5bx9 DOJ Press release https://www.justice.gov/usao-de/pr/tax-and-firearm-charges-filed-against-robert-hunter-biden DOJ Information 2 - tax https://www.justice.gov/d9/2023-06/rhb_information_2.pdf DOJ Information 1 - firearm https://www.justice.gov/d9/2023-06/rhb_information1.pdf DOJ Agreement to produce Weiss https://s3.documentcloud.org/documents/23886334/doj-letter-weiss-testify.pdf Fed R. Crim. Pro. 11 https://www.law.cornell.edu/rules/frcrmp/rule_11 Jason Smith amicus brief https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.7.3.pdf Email correspondence between Kittila and Biden's counsel https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.8.1_1.pdf Ted Kittila's (Jason Smith's counsel) letter to the Court https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.8.0_1.pdf Clerk's office email to Ted Kittila (Jason Smith's counsel) https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.13.0_1.pdf Salerno letter in response to show cause order https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.14.0_3.pdf Affidavit of Jessica Bengels, the litigation specialist: https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.14.1_4.pdf Unsealed Search Warrant Order https://storage.courtlistener.com/recap/gov.uscourts.flsd.617854/gov.uscourts.flsd.617854.146.0_2.pdf 26 U.S.C. § 6531 https://www.law.cornell.edu/uscode/text/26/6531 NY Times on Hunter Biden Plea Deal Hearing https://www.nytimes.com/2023/07/26/us/politics/hunter-biden-plea-deal-charges.html?smid=url-share -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Indictment Watch(TM) continues as Liz and Andrew update you as to what's new with Bernard Kerik before debunking the false arguments being made in defense of the fake electors who plotted with Trump to try and steal the 2020 election. If you've ever heard anyone dishonestly suggest that "Hawaii in 1960" justifies generating fake electoral certificates, this is the episode for you! Notes Judge Howell Discovery Order re Kerik Motion to Compel https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.82.0_1.pdf Joint Stipulation re Kerik Discovery https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.83.0_1.pdf  Chesebro-Troupis Dec. 9, 2020 memo https://int.nyt.com/data/documenttools/trump-electors-memo-december/eb149df1a68cc512/full.pdf Todd Zywicki, “The Law of Presidential Transitions and the 2000 Election,” BYU L. Rev. https://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2031&context=lawreview Zywicki 2023 declaration https://reason.com/wp-content/uploads/2023/07/Todd-Zywicki-Declaration-07.11.2023.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

As Indictment Watch(TM) continues, Liz and Andrew turn their eyes to Fulton County, Georgia. Will DA Fani Willis beat Jack Smith in the race to indict Donald Trump for a third set of crimes? Will Trump's new lawyer, John Lauro, be less of a dipshit? (No.) And what about the fake cosplay electors who helped Trump try to steal Georgia? What's going to happen to them? Listen and find out! In the Patreon bonus, Liz explains that yes, sometimes it is RICO, and gives us a very special Lizdive into the Georgia standardized test scandal of 2009. Trust us, it's all a seamless web! Notes Lauro on Fox News https://www.foxnews.com/video/6331632263112 3 U.S.C. § 5 https://www.law.cornell.edu/uscode/text/3/5 3 U.S.C. § 15 https://www.law.cornell.edu/uscode/text/3/15 SUPREME COURT Petition for Writs of Mandamus and Prohibition https://s3.documentcloud.org/documents/23875842/s23o1134_-_original_petition-copy.pdf SUPERIOR COURT Petition for Writs of Mandamus and Prohibition https://www.fultonclerk.org/DocumentCenter/View/2046/2023CV382670 Trump Amendment to Petition for Writs of Mandamus and Prohibition https://www.fultonclerk.org/DocumentCenter/View/2051/AMENDED-COMPLAINT Judge Glanville order https://s3.documentcloud.org/documents/23883767/2023cv382670-order-of-recusal.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew provide a brief update as we continue to wait with bated breath on Trump indictments in DC (for the January 6th insurrection) and possibly in Fulton County, Georgia (for trying to falsify Georgia's election results). In the main segment, Liz and Andrew break down the Supreme Court's recent decision in Biden v. Nebraska on the so-called "major questions" doctrine as to why we can't have nice things like student loan forgiveness. This is a paid post on Patreon. Notes Biden v. Nebraskahttps://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf Dep’t of Education v. Brown https://www.supremecourt.gov/opinions/22pdf/22-535_i3kn.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew invite back friend of the show Mitchell Epner to discuss the breaking news today that Jack Smith's Washington, DC grand jury has issued a "target letter" informing Donald Trump that he is likely to be indicted in connection with the January 6 investigation. Find out exactly what all that means & much, much more! This episode is an unpaid post on Patreon & was released a day early for  all Patrons! NOTESMichigan AG Dana Nessel's press release https://www.michigan.gov/ag/news/press-releases/2023/07/18/michigan-attorney-general-dana-nessel-charges-16-false-electors -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome Prof. Guha Krishnamurthi to the show to discuss his forthcoming law review article about the future of affirmative action in light of the Supreme Court's recent decision in SFFA v. Harvard. Notes SFFA v. Harvard https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down Trump's latest doomed efforts to try and suppress the Special Purpose Grand Jury Report in Fulton County, Georgia (because he's probably going to be indicted in the next few weeks). Then, the two tackle the supposed "whistleblower" who can link Hunter Biden to Joe Biden to piles of cocaine to China to... something. Except that's all nonsense and the whistleblower has been indicted for the stuff they accuse Biden of doing. Neat! This is an unpaid post on Patreon. Notes SUPREME COURT Petition for Writs of Mandamus and Prohibition https://s3.documentcloud.org/documents/23875842/s23o1134_-_original_petition-copy.pdf SUPERIOR COURT Petition for Writs of Mandamus and Prohibition https://www.fultonclerk.org/DocumentCenter/View/2046/2023CV382670 Fulton County docket http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc Trump motion to quash https://www.documentcloud.org/documents/23718113-ex-parte-fulton-county-grand-jury-03-20-2023-102331-37306996-f8b43da6-144b-4544-ab53-4095c1c5f36d Order on briefing https://www.fultonclerk.org/DocumentCenter/View/1941/SPGJ-ORDER-ON-ADDITIONAL-BRIEFING Trump Motion for Reconsideration https://www.fultonclerk.org/DocumentCenter/View/1953/EX-PARTE-FILING-5-24-23A In re Floyd County Grand Jury Presentments for May Term 1996 https://casetext.com/case/in-re-floyd-county-etc Anna Bower Lawfare explainer on SPGJs https://www.lawfareblog.com/everything-you-ever-wanted-know-about-georgia-special-purpose-grand-juries-were-afraid-ask Woolsey article https://www.lamag.com/citythinkblog/exclusive-fallout-1-billion-biofuel-scam-could-decimate-polygamist-sect/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew give a few updates on Trump's scheduling and the E. Jean Carroll litigation before diving into Ray Epps's defamation lawsuit against Fox News. Notes OA 704 https://openargs.com/oa704-democrats-play-offense-on-january-6/ Trump docket https://www.courtlistener.com/docket/67490071/united-states-v-trump/ DOJ opp Trump motion for continuance https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.76.0.pdf Epps v. Fox News lawsuit https://storage.courtlistener.com/recap/gov.uscourts.ded.83032/gov.uscourts.ded.83032.1.1_1.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew take a deep look at the U.S. v. Trump docket and explain how some minor-seeming procedural filings may tell us more than you'd think about how Donald Trump intends to mount a defense for crimes that he's definitely guilty of. You won't want to miss this one! Notes Trump docket https://www.courtlistener.com/docket/67490071/united-states-v-trump/ Trump opp Motion for Continuance https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.66.0.pdf Trump Speedy Trial Act report https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.72.0.pdf DOJ Denney case file https://www.justice.gov/usao-dc/defendants/denney-lucas United States v. Hatfield, 466 F. App’x 775, 777 (11th Cir. 2012) https://www.documentcloud.org/documents/23870839-us-v-hatfield In re Grand Jury Investigation (Mueller Challenge) https://casetext.com/case/in-re-investigation-5442 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the developments in the Trump documents case, including a deep dive into the relationship between Trump's co-defendant Walt Nauta and Nauta's lead counsel -- who's being paid by Trump's PAC. In the (LONG!) Patreon bonus, Liz recaps Alina Habba's greatest hits before bidding her a fond farewell. Notes OA 771 https://openargs.com/oa771-trump-judge-burns-down-first-amendment-to-save-free-speech/ OA 772 https://openargs.com/oa772-classified-documents-in-court-beyond-the-feing-socks-case-feat-kel-mcclanahan/ CIPA https://law.justia.com/codes/us/2021/title-18/appendix-18/ Missouri v. Biden motion to stay https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.301.0.pdf Walker v. Sons of Confederate Veterans (2015) https://scholar.google.com/scholar_case?case=14885642386066449353 US v. Trump docket  https://www.courtlistener.com/docket/67490071/united-states-v-trump/ Mar-a-lago less-redacted affidavit https://s3.documentcloud.org/documents/23867738/trump-search-affidavit-highlghted-2023-07-05-192253.pdf Trump/Nauta indictment SDFL https://www.justice.gov/storage/US_v_Trump-Nauta_23-80101.pdf Cassidy Hutchinson Jan. 6th testimony https://s3.documentcloud.org/documents/23506946/cassidy-hutchinson-jan-6-committee-transcript.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down two stories in the news. First, Republicans are taking aim at Target for its Pride line of products for the dumbest reasons. Second, the Sixth Circuit's has entered a stay of a district court order, effectively allowing Tennessee SB 1 -- prohibiting gender-affirming care -- to go into effect. Notes L.W. v. Skrmetti https://www.opn.ca6.uscourts.gov/opinions.pdf/23a0146p-06.pdf Miller v. California (1973) https://scholar.google.com/scholar_case?case=287180442152313659 Indiana AG Rokita letter to Target https://content.govdelivery.com/attachments/INAG/2023/07/06/file_attachments/2546257/Target%20Letter%20Final.pdf Erin in the Morning  https://www.erininthemorning.com/p/republican-ags-declare-lgbtq-merchandise?utm_source=substack&utm_medium=email  -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

While Donald Trump rants incoherently about "vital caselaw, of which there is much," Liz and Andrew welcome back actual national security law expert and friend of the show Kel McClanahan to discuss what will actually happen under the Classified Information Procedures Act (CIPA) in the Trump documents trial. Notes Trump Less Redacted Search Warrant https://s3.documentcloud.org/documents/23867738/trump-search-affidavit-highlghted-2023-07-05-192253.pdf DOJ Synopsis of Classified Information Procedures Act https://www.justice.gov/archives/jm/criminal-resource-manual-2054-synopsis-classified-information-procedures-act-cipa -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the absolutely bonkers ruling by Judge Terry Doughty enjoining the Biden Administration from talking to social media. Yes, it's even worse than you think! Notes Missouri v. Biden docket https://www.courtlistener.com/docket/63290154/missouri-v-biden/ Doughty opinion in Louisiana v. Becerra (COVID vaccine mandate injunction) https://storage.courtlistener.com/recap/gov.uscourts.lawd.185837/gov.uscourts.lawd.185837.28.0_1.pdf OA 551 https://openargs.com/oa551-trump-may-out-of-office-but-his-federal-judges-are-not/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the Supreme Court's gutting of what little remained of affirmative action in the just-released decision of SFFA v. Harvard. Notes SFFA v. Harvard https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf SFFA complaint http://sblog.s3.amazonaws.com/wp-content/uploads/2014/11/Harvard-lawsuit-11-17-14.pdf OA 93 https://openargs.com/oa93-affirmative-action-best-legal-brief-ever-written/ OA 219 - you may be surprised just how minor affirmative action was https://openargs.com/oa219-harvard-and-affirmative-action/ Henry Etkowitz et al, “The Paradox of Critical Mass for Women in Science” https://www.kellogg.northwestern.edu/faculty/uzzi/ftp/paradox.pdf African American wealth https://www.washingtonpost.com/outlook/2019/06/19/why-racial-wealth-gap-persists-more-than-years-after-emancipation/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]  

Liz and Andrew catch you up on all the news breaking surrounding the Trump indictments, including potential new charges, new cooperating witnesses, and much, much more. Notes Trump docket https://www.courtlistener.com/docket/67490070/united-states-v-trump/ Indictment https://www.justice.gov/storage/US_v_Trump-Nauta_23-80101.pdf Kastigar v. United States, 406 U.S. 441 https://scholar.google.com/scholar_case?case=4825377966245261401 NARA statement https://www.archives.gov/press/press-releases/2022/nr22-001#June-9-2023-statement Giuliani Jan 6 depo https://s3.documentcloud.org/documents/23559233/transcript-of-rudy-giulianis-interview-with-house-january-6-committee.pdf Independent article re superseding indictments https://www.independent.co.uk/news/world/americas/us-politics/trump-giuliani-more-charges-b2366597.html Exclusive: CNN obtains the tape of Trump’s 2021 conversation about classified documents https://www.cnn.com/2023/06/26/politics/trump-classified-documents-audio Trump weighs in on recording of him showing off 'secret' government info: 'It's bravado' https://abcnews.go.com/Politics/trump-weighs-recording-showing-off-secret-government-info/story?id=100420427  Inner City Press reporting on Motion to Remand https://www.innercitypress.com/sdny107fhellersteintrumpbraggicp062723.html Top Trump campaign aide identified as key individual in classified docs indictment https://abcnews.go.com/US/top-trump-campaign-aide-identified-key-individual-classified/story?id=100452600  Trump 2024 aide who allegedly saw classified map works for China lobbying firm https://nypost.com/2023/06/29/trump-aide-who-allegedly-saw-classified-map-works-for-lobbying-firm-that-serves-china/  Exclusive: Rudy Giuliani interviewed in special counsel’s 2020 election interference probe https://www.cnn.com/2023/06/27/politics/rudy-giuliani-special-counsel-meeting/index.html  Giuliani Sat for Voluntary Interview in Jan. 6 Investigation https://www.nytimes.com/2023/06/28/us/politics/giuliani-jan-6-investigation.html  Investigation of Trump Documents Case Continues After Former President’s Indictment https://www.nytimes.com/2023/06/29/us/politics/trump-documents-indictment-subpoenas.html  The Attention Was All on Mar-a-Lago. Some of the Action Was at Bedminster. https://www.nytimes.com/2023/06/27/us/politics/trump-investigation-bedminster.html  Bloomberg FOIA  https://www.bloomberg.com/news/articles/2023-06-29/doj-odni-have-no-record-of-trump-standing-order-to-declassify -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Andrew and Liz take a deep dive into the Supreme Court's recent decision in Moore v. Harper rejecting the independent state legislature theory & why we still need to be on guard against John Roberts and the Supreme Court. Notes Moore v. Harper https://www.supremecourt.gov/opinions/22pdf/21-1271_3f14.pdf OA 618 https://openargs.com/oa618-the-case-that-could-allow-republicans-to-steal-2024/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew welcome back First Amendment expert Ari Cohn to break down Texas HB 1181, an anti-porn bill that will require websites to verify your age and also append a bunch of lies in the form of made-up "disclaimers" about the supposed harms of pornography. We also break down the latest in the Trump documents case and make fun of Texas Gov. Greg Abbott for more than just the porn thing.  You won't want to miss it! NotesTexas HB 1181 https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1181 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome First Amendment lawyer Ari Cohn to help break down an important lawsuit involving Kathy Griffin, personal jurisdiction, and frivolous SLAPP lawsuits. NOTESJohnson v. Griffin Docket https://www.courtlistener.com/docket/63264613/johnson-v-griffin/ Johnson v. Griffin Complaint https://storage.courtlistener.com/recap/gov.uscourts.tnmd.90242/gov.uscourts.tnmd.90242.1.0.pdf Trial Court Opinion https://storage.courtlistener.com/recap/gov.uscourts.tnmd.90242/gov.uscourts.tnmd.90242.32.0.pdf TechFreedom writeup https://techfreedom.org/protect-internet-users-from-slapps-techfreedom-tells-sixth-circuit/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the bombshell ProPublica article about Samuel Alito's corruption, and along the way remind you of the right wing's complicity in the false narrative that abortion violence is a "both sides" issue. It isn't. Notes OA 749 https://openargs.com/oa749-clarence-thomas-grifts-kari-lake-sinks-stewart-rhodes-comes-to-the-end/ OA 739 https://openargs.com/oa739-5-million-says-mike-lindell-is-full-of-stuffing/ ProPublica, “Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court,” https://www.propublica.org/article/samuel-alito-luxury-fishing-trip-paul-singer-scotus-supreme-court ProPublica on Thomas/Crow  https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow DOJ, Recent Cases on Violence Against Reproductive Health Care Providers https://www.justice.gov/crt/recent-cases-violence-against-reproductive-health-care-providers DOJ, Anti-Abortion Violence Movement Increases (1996) https://www.ojp.gov/ncjrs/virtual-library/abstracts/anti-abortion-violence-movement-increases Ruth Sent Us www.ruthsent.us Jane’s Revenge Superseding Indictment https://www.justice.gov/d9/press-releases/attachments/2023/03/29/unsealed_superseding_indictment_0.pdf 5 U.S.C. § 13104 https://www.law.cornell.edu/uscode/text/5/13104 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew lead off with the blockbuster Washington Post story that the FBI and DOJ had to be browbeaten into investigating Donald Trump. After that, the duo tackle a bunch of stories surrounding the Trump indictments, including developments in both the Florida and New York cases, Rudy Giuliani being a jerk, and much, much more. In the Patreon bonus, Andrew and Liz duo answer one of your burning questions: how exactly is the Trump documents case going to go to trial if only a handful of people can see the documents he's charged with having willfully retained? The answer is the Classified Information Procedures Act, and we start to break it down for you! Notes FBI resisted opening probe into Trump’s role in Jan. 6 for more than a year https://www.washingtonpost.com/investigations/2023/06/19/fbi-resisted-opening-probe-into-trumps-role-jan-6-more-than-year/ Freeman/Moss Motion to Compel https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.65.0.pdf Giuliani May 30 Motion for Reconsideration https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.61.0.pdf Freeman/Moss Opposition https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.64.0.pdf Trump Indictment https://www.justice.gov/storage/US_v_Trump-Nauta_23-80101.pdf CIPA, 18 U.S.C. Section 96-456 https://www.law.cornell.edu/uscode/text/18a/compiledact-96-456 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew first discuss developments in the other Trump indictment -- remember that one in New York? After that, they break down the breakdown in Trump's legal team. Happy Father's Day! Notes  NY Penal Law 175.10 https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-3-specific-offenses/title-k-offenses-involving-fraud/article-175-offenses-involving-false-written-statements/section-17510-falsifying-business-records-in-the-first-degree GA Code 21-2-562 https://casetext.com/statute/code-of-georgia/title-21-elections/chapter-2-elections-and-primaries-generally/article-15-miscellaneous-offenses/section-21-2-562-fraudulent-entries-unlawful-alteration-or-destruction-of-entries-unlawful-removal-of-documents-neglect-or-refusal-to-deliver-documents Bragg Motion to Remand https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.19.0.pdf Trump Lawyers Consider Revenge for Former Colleague https://www.thedailybeast.com/trump-lawyers-consider-revenge-for-former-colleague  Seth Barrett Tillman, ‘Tillman on Plagiarism in the Trump Litigation Briefs,’ New Reform Club (June 16, 2023, 13:55 PM) https://reformclub.blogspot.com/2023/06/tillman-on-plagiarism-in-trump.html -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

It's a grab bag of stories, mostly Trump-adjacent. After some great news on judges, Liz explains that the House GOP is so desperate to smear President Biden they've made like Rudy Giuliani and leaked. Stick around for the end, when the duo breaks down exactly what can (and can't!) be done about Judge Aileen Cannon, FSW. In the Patreon bonus, Liz and Andrew discuss a recent Judge Cannon order in some detail. Notes Dep’t of Commerce v. New York, 139 S.Ct. 2551 (2019) https://scholar.google.com/scholar_case?case=2540889926931166997 Ho Letter https://fingfx.thomsonreuters.com/gfx/legaldocs/gdpzymywgvw/ho-letter-lawfirms.pdf  Trump search warrant docket https://www.courtlistener.com/docket/64872441/united-states-v-sealed-search-warrant/ Trump Mar-a-Lago search warrant https://openargs.com/wp-content/uploads/Reinhart-Mar-a-Lago-less-redacted-affidavit.pdf Sample Warrant https://evawintl.org/wp-content/uploads/18-Appendix-B-Search-Warrants.pdf Comer Subpoena Wray https://oversight.house.gov/wp-content/uploads/2023/05/Grassley-Comer-letter.pdf  28 U.S.C. § 455 - Recusal Statute https://www.law.cornell.edu/uscode/text/28/455 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome back Mitchell Epner to the show to break down today's indictment of Donald Trump & Walt Nauta... and also figure out just how much mischief Judge Aileen Cannon can cause. -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]  

Republicans are saying that the "Clinton sock drawer case" - Judicial Watch v. NARA - means that Trump didn't violate the Espionage Act and can just declare anything he wants to be a "personal" record. That's nonsense, of course. Notes Judicial Watch, Inc. v. National Archives and Records Administration, 845 F.Supp.2d 288 (D.D.C.2012) https://scholar.google.com/scholar_case?case=15818036517066124081 Donate to National Security Counselors! https://donate.democracyengine.com/NationalSecurityCounselors/contribute OR https://www.paypal.com/donate/?hosted_button_id=QQY2ZQMWC6PX6 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

THIS IS IT! Liz and Andrew break down the federal indictment of Donald Trump in connection with his retention of Presidential documents. This is your guide to everything so you'll stay one step ahead of the media coverage. Notes Jack Smith appointment order https://www.justice.gov/opa/press-release/file/1552896/download Fed. R. Crim. Pro. 6 https://www.law.cornell.edu/rules/frcrmp/rule_6 Trump docket https://www.courtlistener.com/docket/67490070/united-states-v-trump/ Trump Indictment https://www.justice.gov/storage/US_v_Trump-Nauta_23-80101.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Yes, this was recorded before the Trump indictment!   Liz and Andrew take a deep dive into the last stand of the separation of church and state as Oklahoma formally lets the Catholic Church run a public school. Notes OA 256 https://openargs.com/oa256-the-bladensburg-cross/ OA 295 https://openargs.com/oa295-a-bladensburg-post-mortem-with-monica-miller/ OA 608 https://openargs.com/oa608-forget-church-state-separation-scotus-mandates-christian-favoritism/ Lemon v. Kurtzman https://scholar.google.com/scholar_case?case=6993086659963510613 American Legion v. American Humanist Associationhttps://www.supremecourt.gov/opinions/18pdf/17-1717_4f14.pdf CDS cert petition https://fingfx.thomsonreuters.com/gfx/legaldocs/zdvxomkmnpx/frankel-peltiervcharterday--certpetition.pdf Biden opp cert https://www.supremecourt.gov/DocketPDF/22/22-238/267405/20230522154832551_Charter%20Day%20School%20CVSG%20No.%2022-238.pdf Title 70 of the Oklahoma Statutes, § 70-3-136 https://law.justia.com/codes/oklahoma/2022/title-70/section-70-3-136/ Henry Abbot testimony, NC Ratifying Convention https://archive.csac.history.wisc.edu/henry_abbot7.30.pdf Oklahoma Statewide Virtual Charter School Board meeting minutes https://svcsb.ok.gov/board-meetings -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the latest filing by Twitter proving that the Twitter Files don't say anything like what Elon Musk said they did. So, to summarize: Twitter still isn't in cahoots with the Deep State to censor conservatives. Then, it's time for some great news out of Florida as a federal judge blocks Florida's obscene law prohibiting the prescription of puberty blockers for three trans kids. In the Patreon bonus, Liz and Andrew further debunk that Twitter is being paid $$$BILLIONS$$$ to... censor conservatives. Notes Trump Motion for Indicative Ruling https://storage.courtlistener.com/recap/gov.uscourts.cand.387133/gov.uscourts.cand.387133.191.0.pdf  Trump Motion for Relief From Judgment https://storage.courtlistener.com/recap/gov.uscourts.cand.387133/gov.uscourts.cand.387133.191.1.pdf Twitter reply to Indicative Motion https://storage.courtlistener.com/recap/gov.uscourts.cand.387133/gov.uscourts.cand.387133.195.0.pdf O’Handley v. Weber https://cdn.ca9.uscourts.gov/datastore/opinions/2023/03/10/22-15071.pdf FL PI Injunction https://storage.courtlistener.com/recap/gov.uscourts.flnd.460963/gov.uscourts.flnd.460963.90.0_1.pdf Twitter Admits in Court Filing: Elon Musk Is Simply Wrong About Government Interference At Twitter www.techdirt.com/2023/06/05/twitter-admits-in-court-filing-elon-musk-is-simply-wrong-about-government-interference-at-twitter/  -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew update you with breaking news about the ChatGPT case, Mata v. Avianca, as well as developments in the Trump documents and George Santos cases. But all of that is mere appetizer for the main course: Alan Dershowitz's ongoing tilting at windmills to convince a court to rewrite the attorney sanctions rules so that Alan Dershowitz can continue to represent monsters and idiots without consequences. Learn how Dersh is continuing to peddle the lie that he was merely "of counsel" to Kari Lake and therefore shouldn't be held responsible for the fact that her complaint was a grab-bag of lies wrapped in more lies. Notes Lake v. Fontes docket https://www.courtlistener.com/docket/63260463/lake-v-fontes -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome NY practitioner David Lurie to the show to discuss Trump's efforts to remove his New York indictment to federal court.   Notes NY Crim Law 175.10 https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-3-specific-offenses/title-k-offenses-involving-fraud/article-175-offenses-involving-false-written-statements/section-17510-falsifying-business-records-in-the-first-degree 28 USC 1442 https://www.law.cornell.edu/uscode/text/28/1442 In re Commonwealth, 790 F.3d 457 (3d Cir. 2015) https://scholar.google.com/scholar_case?case=5539437264593415986 Trump notice of removal https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.1.0_2.pdf Bragg Motion to Remand https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.19.0.pdf Morgan Lewis White Paper https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.1.1_1.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the recent Supreme Court decisions in Gonzalez v. Google and Twitter v. Taamneh with help from Corbin Barthold. Notes Section 230 - 47 U.S.C. § 230 https://www.law.cornell.edu/uscode/text/47/230 OA 698 https://openargs.com/oa698-will-clarence-thomas-break-the-internet-probably-not/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]   

After discussing some breaking news, Liz and Andrew break down that viral "hey, are the airlines forcing passengers to step on scales before boarding the plane" story. Then, the duo update you on the impeachment of Texas AG Ken Paxton. In the Patreon bonus, Andrew gets angry as we talk about the latest maneuvering by the guy who sold out his country for Donald Trump, Lt. Gen. Michael Flynn. Notes Mata v. Avianca - Motion for Extension of Time Granted in Part, Denied in Part https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.38.0.pdf New Zealand Civil Aviation Act of 1990 https://legislation.govt.nz/act/public/1990/0098/latest/DLM214687.html United States v. Virginia, 518 U.S. 515 (1996) https://scholar.google.com/scholar_case?case=1428365285620704265 State v. Loomis, 881 N.W.2d 749 (Wis. 2016) https://scholar.google.com/scholar_case?case=3222116451721963278 Paxton Articles of Impeachment  https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HR02377I.pdf#navpanes=0  Senate Resolution Impeachment https://legiscan.com/TX/text/SR735/2023 ProPublica article on COMPAS https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew tackle the case that's burning up the Internet: did a lawyer really use AI to write a legal brief? Turns out no, it's even worse!   The duo also update you on the latest from Peter Navarro's (losing) efforts to protect Donald Trump, and in the Patreon bonus, we learn what the legal architect of the January 6th Insurrection, John Eastman, has been up to.   It's a super-sized episode!   Notes OA 748 https://openargs.com/oa748-everything-you-wanted-to-know-about-the-debt-ceiling-but-were-afraid-to-ask/ OA 707 https://openargs.com/oa707-peter-navarro-gets-spanked-by-government-in-presidential-records-case-with-major-implications-for-trump/  Mata v. Avianca dockethttps://www.courtlistener.com/docket/63107798/mata-v-avianca-inc/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=asc Mata v. Avianca complaint https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.18.0.pdf Mata v. Avianca Opposition to Motion to Dismiss https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.21.0.pdf Mata v. Avianca First Show Cause Order https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.25.0.pdf Mata v. Avianca  4/25 LoDuca affidavit https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.29.0.pdf LoDuca affidavit, Exhibit 1, “Varghese v. China Southern Airlines Co., Ltd.” https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.29.1.pdf Mata v. Avianca defense counsel letter 4/26 https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.30.0.pdf Mata v. Avianca Second Show Cause Order https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.31.0_1.pdf Mata v. Avianca, LoDuca affidavit 5/25 https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.32.0.pdf Mata v. Avianca, Schwartz affidavit 5/25 https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.32.1_1.pdf Mata v. Avianca, Court Third Show Cause Order https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.33.0_1.pdf

On today's show, Mitchell Epner returns to help Andrew and Liz break down two New York stories: first, the allegations surrounding Trump's media company that produces "Truth Social," and second, E. Jean Carroll's efforts to amend her pending defamation lawsuit against Donald Trump to add claims related to Trump's comments at the CNN "Town Social" in light of the prior verdict. Oh, and the "Truth Social" story involves Devin Nunes because of course it does. Notes OA 732 https://openargs.com/oa-732-court-calls-bullsht-on-devin-nunes-cowsuit/ E. Jean Carroll Motion to Amend https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.156.0_1.pdf TMTG v. WP Company https://www.documentcloud.org/documents/23819045-trump-media-v-wapo-complaint Nunes v. Guardian https://s3.documentcloud.org/documents/23828415/nunes-v-guardian-complaint.pdf WaPo article, “Trust linked to porn-friendly bank could gain a stake in Trump’s Truth Social” https://www.washingtonpost.com/technology/2023/05/13/trump-truth-social-loan-questions/ Guardian Article https://www.theguardian.com/us-news/2023/mar/15/trump-media-investigated-possible-money-laundering  -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew update you on a bunch of stories, including today's breaking news regarding the sentencing of Stewart Rhodes and the Texas Legislature committee referring out articles of impeachment for AG Ken Paxton. Notes OA 693 https://openargs.com/oa693-mike-pence-cant-testify-against-trump-cause-hes-a-senator-now/ OA 698 https://openargs.com/oa698-will-clarence-thomas-break-the-internet-probably-not/ OA 723 https://openargs.com/oa723-right-wing-judges-take-the-money-and-run-away-with-your-civil-rights/ OA 746 https://openargs.com/oa746-derp-off-dersh-off-2-sidney-powell-vs-kari-lake/ Investigators detail years of alleged misconduct by Texas AG Ken Paxton in stunning House committee hearing https://www.texastribune.org/2023/05/24/ken-paxton-abuse-power-house-investigation-texas/ Kari Lake ruling https://www.democracydocket.com/wp-content/uploads/2022/12/CV2022-095403-926-05222023-PDF.pdf Kari Lake War Room tweet 5/23 tweet https://twitter.com/KariLakeWarRoom/status/1661095473695035392?s=20 May 8 Senate Judiciary Letter to Harlan Crow https://www.judiciary.senate.gov/imo/media/doc/May%208,%202023%20letter%20to%20Harlan%20Crow16.pdf  May 22 letter from Gibson Dunn to Durbin re Harlan Crow https://s3.documentcloud.org/documents/23822175/crow-letter.pdf 5 U.S.C. § 13103 https://www.law.cornell.edu/uscode/text/5/13103 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

This is it! Liz and Andrew break down the debt ceiling and what can be done about it, including the Fourteenth Amendment. You'll want to share this far and wide! In the Patreon bonus, Liz and Andrew tackle a stupendously bad article arguing against the application of the 14th Amendment. NOTES OA 736 https://openargs.com/oa736-scotus-tees-up-rancid-herring-case-to-gut-the-administrative-state/ 31 U.S.C § 3101 https://www.law.cornell.edu/uscode/text/31/3101 Congressional Research Service, Debt limit votes 1978 to present https://sp.fas.org/crs/misc/R41814.pdf Congressional Research Service, The Gephardt Rule https://crsreports.congress.gov/product/pdf/RL/RL31913 HR 3877 https://www.congress.gov/bill/116th-congress/house-bill/3877/text Perry v. U.S., 294 U.S. 330 (1935) https://scholar.google.com/scholar_case?case=3388791031923623137 EO 6102 notice https://upload.wikimedia.org/wikipedia/commons/a/a1/Executive_Order_6102.jpg Laurence Tribe, “A Ceiling We Can’t Wish Away,” New York Times, July 7, 2011 https://www.nytimes.com/2011/07/08/opinion/08tribe.html

In this (almost entirely!) Trump-free episode, Liz and Andrew break down two major steps backwards for Meatball Ron DeSantis: an own goal in his ongoing losing Woke War Against Disney, and a major setback by a group looking to aid his (doomed) 2024 Presidential bid. You won't want to miss it! In the Patreon bonus, Liz and Andrew give an update on the ongoing efforts to hold MyPillow CEO Mike Lindell accountable for his $5 million "Prove Mike Wrong" challenge when he was, in fact, very very wrong. Notes OA 734 https://openargs.com/oa-734-disney-v-desantis-you-mess-with-the-mouse-you-get-the-ears/ OA 717 https://openargs.com/oa717-lock-him-up-4-trump-gets-indicted-desantis-gets-spanked/ OA 614 https://openargs.com/oa614-the-fec-is-corrupt-and-broken-biden-has-inexplicably-neglected-to-fix-it/ Disney MTD CFTOD complaint https://s3.documentcloud.org/documents/23816386/disney-mtd.pdf Federal Election Campaign Act, 52 U.S.C. §§ 30101 et seq. https://www.law.cornell.edu/uscode/text/52/30101 11 C.F.R. § 100.72 https://www.fec.gov/regulations/100-72/2022-annual-100 Ready For Ron v. FEC docket https://www.courtlistener.com/docket/65639515/ready-for-ron-v-federal-election-commission/ Ready For Ron complaint https://storage.courtlistener.com/recap/gov.uscourts.dcd.248664/gov.uscourts.dcd.248664.1.0_1.pdf Ready For Ron rulinghttps://storage.courtlistener.com/recap/gov.uscourts.dcd.248664/gov.uscourts.dcd.248664.30.0.pdf Carey v. FEC, 791 F.Supp.2d 121 (D.D.C. 2011) https://scholar.google.com/scholar_case?case=2459277047400624208 (Hilariously, the Ready for Ron complaint manages to cite the wrong Carey case and also gets the year wrong.)

It's Sanctions Day! After a quick listener question, Liz and Andrew discuss the recent attorney grievance complaint against the Krakenlawyers in Michigan and what everyone's favorite li'l election-denying weirdo, Kari Lake, has been up to. (Spoiler alert: nothing good.) Notes OA 673 https://openargs.com/oa673-dont-sanction-me-im-old-dersh/ OA 678 https://openargs.com/oa678-dershs-sanctions-defense-somehow-keeps-getting-worse/ OA 728 https://openargs.com/oa728-fox-blinks-first/ King v. Whitmer sanctions video https://www.youtube.com/watch?v=MWiuX9CPOSA King v. Whitmer sanctions transcript https://openargs.com/wp-content/uploads/Sanctions-hearing-transcript.pdf King v. Whitmer sanctions ruling https://casetext.com/case/king-v-whitmer-7 King v. Whitmer docket https://www.courtlistener.com/docket/18693929/king-v-whitmer/ Texas attorney grievance procedures https://www.texasbar.com/AM/Template.cfm?Section=Disciplinary_Process_Overview&Template=/CM/HTMLDisplay.cfm&ContentID=29470#reciprocal Lake v. Hobbs state docket https://www.clerkofcourt.maricopa.gov/records/election-2022/cv2022-095403 Lake v. Hobbs complaint https://www.clerkofcourt.maricopa.gov/home/showpublisheddocument/4151/638064516668500000 Arizona Supreme Court ruling in Lake v. Hobbs https://s3.documentcloud.org/documents/23720629/orderrepetitionforreview-4731530-0.pdf Lake v. Fontes https://storage.courtlistener.com/recap/gov.uscourts.azd.1294569/gov.uscourts.azd.1294569.3.0_1.pdf Lake v. Fontes Sanctions order https://storage.courtlistener.com/recap/gov.uscourts.azd.1294569/gov.uscourts.azd.1294569.106.0_2.pdf Lake v. Fontes attorneys’ fees https://storage.courtlistener.com/recap/gov.uscourts.azd.1294569/gov.uscourts.azd.1294569.107.6.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down Special Counsel John Durham's report, which resulted in zero convictions in four years and makes no new recommendations for any change to any FBI policy - but continues to peddle long-debunked conspiracy theories about how the FBI is in cahoots with Hillary Clinton. Sure, Jan. Notes Durham report https://s3.documentcloud.org/documents/23813392/durhamreport.pdf Durham Appointment Order https://www.justice.gov/d9/fieldable-panel-panes/basic-panes/attachments/2021/02/26/durham.order_.pdf Durham Statement On IG Report  https://www.justice.gov/usao-ct/pr/statement-us-attorney-john-h-durham New York Times, “How Barr’s Quest to Find Flaws in the Russia Inquiry Unraveled” https://www.nytimes.com/2023/01/26/us/politics/durham-trump-russia-barr.html -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew welcome Lawfare's Anna Bower to the podcast to break down everything going on with the potential indictment of Donald Trump in Fulton County, Georgia, with a focus on Trump's recent motion to quash the Special Purpose Grand Jury report, DA Fani Willis's response, and more! Notes Fulton County docket http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc Anna Bower, Lawfare, "Everything You Ever Wanted to Know About Georgia Special Purpose Grand Juries But Were Afraid to Ask" https://www.lawfareblog.com/everything-you-ever-wanted-know-about-georgia-special-purpose-grand-juries-were-afraid-ask Anna Bower's columns: https://www.lawfareblog.com/contributors/abower -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew update you on the latest developments in Manhattan DA Alvin Bragg's criminal case against Donald Trump as well as Peter Strzok's ongoing civil suit against the DOJ. Notes OA 700 https://openargs.com/oa700-rumors-of-trumps-testimony-in-strzok-suit-may-be-greatly-exaggerated/ OA 716 https://openargs.com/oa-716-jim-jordan-is-not-alvin-braggs-daddy/ Trump Protective Order https://s3.documentcloud.org/documents/23807787/protective-order-5-8-23.pdf Trump notice of removal https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.1.0_1.pdf 5 U.S.C. § 552a https://www.law.cornell.edu/uscode/text/5/552a 28 U.S.C. § 1442 https://www.law.cornell.edu/uscode/text/28/1442 28 U.S.C. § 1455 https://www.law.cornell.edu/uscode/text/28/1455  In re Commonwealth,  790 F.3d 457 (3d Cir. 2015) https://scholar.google.com/scholar_case?case=5539437264593415986 Jordan 3/20 Letter to Bragg https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2023-03-20-jdj-bs-jc-to-bragg-re-trump-investigation.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

In light of Linda Yaccarino being named CEO of Twitter, Liz and Andrew break down Trumpworld's never-ending lawsuits against social media, and yet another defamation suit against Fox News, this one by Nina Jankowicz. Happy Mother's Day! For the Patreon bonus, we discuss beer, the Superbowl, and Rule 62.1 of the Federal Rules of Civil Procedure, because of course we do. Notes OA 551 https://openargs.com/oa551-trump-may-out-of-office-but-his-federal-judges-are-not/ Donato dismissal Trump v. Twitter https://storage.courtlistener.com/recap/gov.uscourts.cand.387133/gov.uscourts.cand.387133.165.0_6.pdf Trump v. Twitter, Motion for Indicative Ruling https://storage.courtlistener.com/recap/gov.uscourts.cand.387133/gov.uscourts.cand.387133.191.0.pdf FRCP 62.1 https://www.law.cornell.edu/rules/frcp/rule_62.1 Jankowicz federal docket https://www.courtlistener.com/docket/67365497/jankowicz-v-fox-news-network-llc/ Jankowicz complaint https://www.documentcloud.org/documents/23809394-jankowicz-v-fox-complaint -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the latest developments in Fulton County, GA; some truly terrible takes on the E. Jean Carroll verdict by Alan Dershowitz; and the indictment of Congressman Astronaut Rabbi George Santos. Be there, will be wild! NotesOA 738 https://openargs.com/oa-738-trump-flops-proud-boys-drop/ Surveillance footage of Cathy Latham https://www.washingtonpost.com/investigations/2022/09/20/coffee-county-georgia-cathy-latham/ SPGJ report sections made public http://www.fultonclerk.org/DocumentCenter/View/1706/EX-PARTE-ORDER-OF-THE-JUDGE-2-16-2023-Report Willis Modification of Motion to Disqualify Debrow http://www.fultonclerk.org/DocumentCenter/View/1918/SPGJ--STATES-MODIFICATION-OF-MOTION-TO-DISQUALIFY-5-10-23 Shafer letter Fulton County https://s3.documentcloud.org/documents/23800972/shafer-final-march-26-letter-to-da-willis-w-exhibits.pdf FEC Complaint - Santos https://campaignlegal.org/sites/default/files/2023-01/Campaign%20Legal%20Center%20-%20Santos%20Complaint%20%28Final%29.pdf Santos indictment https://www.justice.gov/d9/2023-05/santos.indictment.pdf 18 U.S.C. § 1343 https://www.law.cornell.edu/uscode/text/18/1343 Federal Sentencing Guidelines https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2021/GLMFull.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew bring on former sex crimes prosecutor and New York attorney Mitchell Epner for a discussion of the breaking civil verdict awarding E. Jean Carroll $5 million for Trump's assault and subsequent defamation. We go WAY beyond the regular media coverage; you won't want to miss this episode! This episode is a paid post on Patreon and was released early to supporters. Notes Carroll verdict form (blank) https://s3.documentcloud.org/documents/23808239/carrollvtrumpverdictform.pdf Screenshots of actual verdict form (Pagliery tweet) https://twitter.com/Jose_Pagliery/status/1656020932031389697?s=20 Trump depo testimony - full video https://www.youtube.com/watch?v=DkU49iYkw2A -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew interview Cary Joshi and Brian Glasser of Bailey Glasser, who successfully won a $5 million arbitration award against Mike Lindell for claims of election fraud data.   Notes Prove Mike Wrong Challenge Official Rules https://openargs.com/wp-content/uploads/Prove-Mike-Wrong-Challenge-Official-Rules.pdf   Arbitration Award  https://www.washingtonpost.com/documents/a68b42f4-d5dc-4ff9-b34e-84d52fa3fc32.pdf?itid=lk_inline_manual_11 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew check in on three stories we've previously covered: the conclusion of the E. Jean Carroll lawsuit against Donald Trump; the recent convictions of the Proud Boys in connection with the January 6 insurrection; and what's going on in Fulton County, Georgia. It's a whirlwind and you don't want to miss it! In the Patreon bonus, Andrew and Liz discuss what really happened in Hawaii in 1960 and why it doesn't help the insurrectionists no matter what John Eastman tells you. NOTES OA 728 https://openargs.com/oa728-fox-blinks-first/ Wikipedia on Georgia post-election lawsuits https://en.wikipedia.org/wiki/Post-election_lawsuits_related_to_the_2020_United_States_presidential_election_from_Georgia Fake electors transmittal https://www.archives.gov/files/foia/ga-full.pdf Fulton County docket http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc July 2022 Motion to Quash subpoenas http://www.fultonclerk.org/DocumentCenter/View/1222/MOTION-TO-QUASH-AND-DISQUALIFY---Copy Oct. 2022 1st Motion to Disqualify Debrow and Pierson http://www.fultonclerk.org/DocumentCenter/View/1430/SPGJ-MOTION-TO-DISQUALIFY-ATTORNEYS-HOLLY-A-PIERSON---KIMBERLY-BOUROUGHS-DEBROW-10-3-22 April 18, 2023 2nd Motion to Disqualify Debrow http://www.fultonclerk.org/DocumentCenter/View/1905/SPGJ-MOTION-TO-DISQUALIFY-ATTY-KIMBERLY-BOURROUGHS-DEBROW Opposition to Motion to Disqualify Debrow http://www.fultonclerk.org/DocumentCenter/View/1917/EX-PARTE-FILING-5-5-23 Barr Jan 6th testimony https://www.govinfo.gov/content/pkg/GPO-J6-TRANSCRIPT-CTRL0000083860/pdf/GPO-J6-TRANSCRIPT-CTRL0000083860.pdf 3 USC 12 https://www.law.cornell.edu/uscode/text/3/12 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew discuss the latest ethical lapse from Clarence Thomas, as well as the horrible activism of the next Republican Supreme Court nominee, Stu Duncan. In the Patreon bonus, Liz and Andrew break down the latest sanctions issued against Donald Trump in New York. -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the just-filed lawsuit by Disney with respect to Ron DeSantis and his Republican buddies' shenanigans in Florida. Who will prevail? Listen and find out! This photograph of a Famous Mouse was taken 21 April 2009 by Marcus Quigmire of Florida and originally posted to Flickr. It was downloaded by Opening Arguments Media, LLC on April 27, 2023 from Wikimedia Commons and is used without modification under Creative Commons Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0) license, which is linked below. No endorsement by any other party than Opening Arguments Media, LLC is implied. CC License of Famous Mouse https://creativecommons.org/licenses/by-sa/2.0/legalcode Original source for Famous Mouse (Wikimedia Commons) https://commons.wikimedia.org/wiki/File:Famous_mouse_%283463764209%29.jpg Notes OA 717 https://openargs.com/oa717-lock-him-up-4-trump-gets-indicted-desantis-gets-spanked/ Disney v. DeSantis complaint https://s3.documentcloud.org/documents/23789600/file-stamped-disney-complaint1.pdf Disney-RCID Feb. 8, 2023 Contract https://s3.documentcloud.org/documents/23734248/disney-board-covenant.pdf CFTOD 4/26 meeting minutes https://www.rcid.org/wp-content/uploads/2023/04/CFTOD-4-26-23-BOS-Packet-FINAL-revised-4-24-23.pdf RCID Comprehensive Plan Approval https://www.rcid.org/wp-content/uploads/2023/02/2032-RCID-Comprehensive-Plan.pdf  Florida HB 9B https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0009Ber.docx&DocumentType=Bill&BillNumber=0009B&Session=2023B Florida SB 1604 https://www.flsenate.gov/Session/Bill/2023/1604/BillText/e1/PDF -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew take a look at a letter sent by Donald Trump's lawyers to House Republicans and bring back expert National Security Lawyer Kel McClanahan to help answer all their questions about Trump's dubious assertions about how the National Archives should have handled the Mar-a-Lago documents. Notes In re Sealed Case (Pence-Boasberg) https://www.courtlistener.com/docket/67164305/in-re-sealed-case/?order_by=desc Parlatore Trump letter https://s3.documentcloud.org/documents/23789802/read-trump-lawyers-letter-to-congress-reveal-foreign-leader-briefings-may-be-among-classified-documents-taken-from-white-house.pdf Less-redacted search warrant https://openargs.com/wp-content/uploads/Reinhart-Mar-a-Lago-less-redacted-affidavit.pdf NARA Oct. 11, 2022 statement https://www.archives.gov/press/press-releases/2022/nr22-001#october-11-2022 Debra Steidel Wall 1/17/23 letter to Jim Comer https://s3.documentcloud.org/documents/23575130/nara-response-to-rep-james-comer.pdf 18 USC §793(e) https://www.law.cornell.edu/uscode/text/18/793 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew give a brief update on how it's going for Donald Trump in the E. Jean Carroll defamation lawsuit. (Spoiler alert: not good! Like, contempt of court not good.) Then, the duo break down the trial court's grant of summary judgment in favor of Ryan Lizza in the LOLsuit filed by former Representative and guy-who-sued-an-Internet-cow-and-lost, Devin Nunes. It's informative AND hilarious! In the Patreon bonus, we tell you how the omniversal fear of Antonin Scalia created modern supplemental jurisdiction law! Notes Nunes v. Lizza Order https://storage.courtlistener.com/recap/gov.uscourts.iand.55763/gov.uscourts.iand.55763.149.0.pdf  Eighth Circuit holding https://ecf.ca8.uscourts.gov/opndir/21/09/202710P.pdf Devin Nunes’s Family Farm Is Hiding a Politically Explosive Secret https://www.esquire.com/news-politics/a23471864/devin-nunes-family-farm-iowa-california/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the other Fox News lawsuit (by Abby Grossberg) that probably contributed to Tucker Carlson's firing, and then a hilarious arbitration loss for The Pillow Guy. You won't want to miss it! Notes OA 715 https://openargs.com/oa715-fox-blunders-into-dumpster-fire-lawsuit-no-a-different-one/ New Grossberg 2nd Amended Complaint https://s3.documentcloud.org/documents/23774175/grossberg-de-court-second-amended-complaint-and-exhibit-a-1.pdf Grossberg federal complaint https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.1.0.pdf Grossberg DE docket https://courtconnect.courts.delaware.gov/cc/cconnect/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=N23C-03-180&begin_date=&end_date= Arbitration award against Mike Lindell https://www.washingtonpost.com/documents/a68b42f4-d5dc-4ff9-b34e-84d52fa3fc32.pdf?itid=lk_inline_manual_11 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew update a bunch of stories they've been tracking before breaking down exactly what the Supreme Court's Friday night stay in the mifepristone case means... and exactly how unhinged Samuel Alito's dissent was.   In the Patreon bonus, Liz and Andrew do a deep dive on the shady behaviors of Judge Matthew Kacsmaryk. Notes OA 712 https://openargs.com/oa712-lock-him-up-3-rise-of-the-machines/ OA 714 https://openargs.com/oa714-gonna-be-hard-for-steve-bannons-sugar-daddy-to-write-those-checks-from-prison/ OA 717 https://openargs.com/oa717-lock-him-up-4-trump-gets-indicted-desantis-gets-spanked/ OA 729 https://openargs.com/oa729-bragg-loses-a-round-trump-loses-five/ SB 1604 Amendment https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=603230.DOCX&DocumentType=Amendments&BillNumber=1604&Session=2023 DOJ Letter Motion re: protective order https://storage.courtlistener.com/recap/gov.uscourts.nysd.595325/gov.uscourts.nysd.595325.49.0.pdf The Jurisprudence of the Body https://drive.google.com/file/d/0BxwJ7kjwYA7FeXNoZUZaTjlmWms/view?resourcekey=0-SCB5U127telKXA00Hr9TEQ SCOTUS order in Danco v. Alliance https://www.supremecourt.gov/opinions/22pdf/22a901_3d9g.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew disagree over a recent ruling from Judge Vyskocil denying Alvin Bragg's motion for injunctive relief, and then break down recent developments in the E. Jean Carroll litigation. Notes OA 724 https://openargs.com/oa724-alvin-bragg-no-longer-chickensht/ Judge Vicodin’s order https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.44.0.pdf Bragg motion for stay https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.46.0_1.pdf Bragg Reply https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.41.1.pdf Second Circuit ruling on stay https://storage.courtlistener.com/recap/gov.uscourts.ca2.60324/gov.uscourts.ca2.60324.7.0.pdf Letter Memo rebuking Tacopina re jury selection https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.117.0.pdf  Order re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.104.0.pdf Carroll response re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.116.0.pdf  Trump request for jury instruction re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.118.0.pdf Carroll response to Trump requested jury instruction re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.119.0.pdf  Judge Kaplan response re Trump jury attendance instruction https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.125.0_1.pdf Trump response to denial of jury instruction https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.127.0.pdf  McGrain v. Dougherty, 273 U.S. 135 (1927) https://scholar.google.com/scholar_case?case=8194274097278523278 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]  

Liz and Andrew update you on three stories stealing all the headlines: the Dominion-Fox settlement, what's going on at the Supreme Court with mifepristone, and a tale of two.. Fulton Counties?? For the Patreon bonus, Liz and Andrew pop open the hood and check out two demonstrable lies in Alliance's briefing before the Supreme Court. Notes Alliance docket - SCOTUS orders https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22a902.html Alliance opposition https://www.supremecourt.gov/DocketPDF/22/22A902/263824/20230418120347639_2023.04.18%20Opposition%20to%20Emergency%20Application.pdf FDA Reply in Alliance https://www.supremecourt.gov/DocketPDF/22/22A902/263892/20230418232614640_FINAL%20Alliance%20SCOTUS%20Reply.pdf PA Supreme Court order - Fulton County https://www.pacourts.us/Storage/media/pdfs/20230419/134653-appealdismissed.pdf Fulton County GA docket http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc Fulton County GA Motion to Disqualify  https://s3.documentcloud.org/documents/23782506/spgj-motion-to-disqualify-atty-kimberly-bourroughs-debrow.pdf Fox Corp financials https://investor.foxcorporation.com/static-files/3b2bdb74-8ebe-4173-9f0f-ac18831ff094 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew go out on a limb and discuss reasons why the Dominion v. Fox defamation trial scheduled to start today was postponed for a day. Along the way, they break down Fox's latest motion for "clarification" and what it means for the network that brought us Rudy Giuliani, Sidney Powell, and Donald Trump's insane claims of a stolen election that they knew to be false. Notes OA 243 https://openargs.com/oa243-build-that-wall-2/ OA 718 https://openargs.com/oa718-why-fox-news-has-a-nuanced-approach-to-falsity/ Fox Motion for Clarification https://s3.documentcloud.org/documents/23780752/fox-motion-for-clarification.pdf Delaware Court of Chancery Rules https://courts.delaware.gov/forms/download.aspx?id=160908 Sun Printing & Publ’g Ass’n v. Schenck, 98 F. 925 (2d Cir. 1900) https://cite.case.law/f/98/925/ Marinaccio v. Town of Clarence, 20 N.Y.3d 506, 986 N.E.2d 903 (2013) https://scholar.google.com/scholar_case?case=17916567453327988927 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew work through the best arguments being raised by the DOJ in its emergency Supreme Court petition to stay the 5th Circuit's mifepristone ruling. Will any of them work? Listen and find out!   The duo also break down Trump's latest LOLsuit against Michael Cohen. In the Patreon bonus, Liz and Andrew discuss the intricacies of the most recent SCOTUS standing decision, TransUnion, LLC v. Ramirez. You won't want to miss it!   Notes Trump v. Cohen Docket  https://www.courtlistener.com/docket/67175870/trump-v-cohen/   Trump v. Cohen Complaint https://storage.courtlistener.com/recap/gov.uscourts.flsd.645291/gov.uscourts.flsd.645291.1.0_2.pdf   Alito stay order  https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22a901.html   DOJ SCT admin stay application  https://www.supremecourt.gov/DocketPDF/22/22A902/263491/20230414103258942_Alliance%20for%20Hippocratic%20Med%20%20application.pdf   Danco Stay application  https://www.supremecourt.gov/DocketPDF/22/22A901/263483/20230414093601611_SCOTUS%20Stay%20Application%204-14-23%20Final.pdf   -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

In this SUPER-SIZED episode, Liz and Andrew look beneath the headlines and correct misimpressions regarding both E. Jean Carroll's defamation lawsuit against Donald Trump and the 5th Circuit's mifepristone ruling. In the Patreon bonus, Liz and Andrew discuss an important certified question to the DC Court of Appeals. If you’re not following us on Twitter, you’ve missed out on a lot of updates. We’re @openargs and Liz is @5dollarfeminist. Notes Habba 4/13 Letter Motion https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.109.0.pdf Kaplan 4/13/2023 Letter Response https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.109.0.pdf CNN article on E. Jean Carroll https://www.cnn.com/2023/04/13/politics/trump-carroll-case-delay-request/index.html Court ruling in E. Jean Carroll https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.110.0.pdf CWA 2002 Petition https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.1.14.pdf Complaint Exhibit 30 https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.1.31.pdf Washington v. FDA ruling https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.91.0.pdf Alliance v. FDA 5th Cir. ruling https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.183.2_1.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

After updating you on a bunch of cases, Liz and Andrew break down Alvin Bragg's just-filed lawsuit against Jim Jordan. In the Patreon bonus, Liz and Andrew break down a recent D.C. Circuit ruling with huge implications for hundreds of 1/6 defendants and possibly Trump! Notes OA 705 https://openargs.com/oa705-can-dominion-really-take-down-fox-news/ OA 716 https://openargs.com/oa-716-jim-jordan-is-not-alvin-braggs-daddy/ OA 718 https://openargs.com/oa718-why-fox-news-has-a-nuanced-approach-to-falsity/ Bragg v. Jordan https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.1.0.pdf NFIB v. Sebelius https://scholar.google.com/scholar_case?case=12815172896965834886 Younger v. Harris https://scholar.google.com/scholar_case?case=2453423928277325927 Pomerantz Resignation Letter https://www.nytimes.com/2022/03/23/nyregion/mark-pomerantz-resignation-letter.html?action=click&module=RelatedLinks&pgtype=Article  Pomerantz Subpoena Letter https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2023-04-06-jdj-to-pomerantz-subpoena_0.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew tackle three stories: an update on the dueling mifepristone rulings in Texas and Washington, Clarence Thomas's latest corrupt activities, and (for patrons) an update on Steve Bannon's sugar daddy. Notes OA 594: Impeach Clarence Thomas https://openargs.com/oa594-impeach-clarence-thomas/  OA 714 on Kwok https://openargs.com/oa714-gonna-be-hard-for-steve-bannons-sugar-daddy-to-write-those-checks-from-prison/ Kwok superseding indictment https://storage.courtlistener.com/recap/gov.uscourts.nysd.595325/gov.uscourts.nysd.595325.19.0_1.pdf Ethics in Government Act of 1978, 5a U.S.C. §§ 101 et seq. https://www.law.cornell.edu/uscode/text/5a/compiledact-95-521/title-I Washington v. FDA Motion for Clarification https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.81.0_3.pdf Washington v. FDA Motion to Expedite https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.82.0.pdf FDA 5th Circuit Motion to Stay https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.20.0_4.pdf?utm_source=substack&utm_medium=email Intervenors 5th Circuit Motion to Stay https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.22.1_1.pdf Robert EOY report on the Supreme Court 2021 https://www.supremecourt.gov/publicinfo/year-end/2021year-endreport.pdf NPR on 2022 state supreme court races https://www.npr.org/2022/11/05/1134514218/money-is-pouring-into-state-judicial-campaigns-this-year  ProPublica Thomas story https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow Wall Street Journal on federal judges violating the ethics laws https://www.wsj.com/articles/131-federal-judges-broke-the-law-by-hearing-cases-where-they-had-a-financial-interest-11632834421 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew break down Judge Matthew Kacsmaryk's late-night Friday stay order that essentially overrules the FDA and removes mifepristone (the abortion pill) from the list of approved drugs. How bad is it? Is a parallel decision from a federal court on Washington part of the solution? What's next?  Listen and find out! Notes OA 707 on Kacsmaryk https://openargs.com/oa707-peter-navarro-gets-spanked-by-government-in-presidential-records-case-with-major-implications-for-trump/ Kacsmaryk Order  https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.137.0_14.pdf Washington v. FDA https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.80.0.pdf United States v. One Package https://scholar.google.com/scholar_case?case=14734857310809857501 FDA on REMS https://www.fda.gov/drugs/drug-safety-and-availability/risk-evaluation-and-mitigation-strategies-rems FDA on unapproved drugs https://www.fda.gov/drugs/enforcement-activities-fda/unapproved-drugs Comstock Act, 18 U.S.C. § 1461 https://www.law.cornell.edu/uscode/text/18/1461 5 U.S.C. § 705 https://www.law.cornell.edu/uscode/text/5/705 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew evaluate the Trump indictment and answer listener questions as well as a Just Security article critiquing their position.   The Patreon bonus contains a deep dive into an Andrew Weissman statement on MSNBC on lesser-included offenses. Notes INDICTMENT https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf STATEMENT OF FACTS https://thehill.com/wp-content/uploads/sites/2/2023/04/Donald-J.-Trump-SOF.pdf NY Crim Proc. § 30.10 (Statute of Limitations) https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-30-10.html NY Crim Law § 175.05 https://codes.findlaw.com/ny/penal-law/pen-sect-175-05.html NY Crim Law § 175.10 https://codes.findlaw.com/ny/penal-law/pen-sect-175-10.html People v. Hankin https://casetext.com/case/people-v-hankin People v. Saporita https://casetext.com/case/people-v-saporita-stevenson Just Security article https://www.justsecurity.org/85831/the-broad-scope-of-intent-to-defraud-in-the-new-york-crime-of-falsifying-business-records/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

THIS IS IT! We finally have a copy of the 34-count indictment against Donald Trump by Manhattan DA Alvin Bragg, as well as the supporting Statement of Facts. Liz and Andrew break it ALL down for you, including all the stuff the rest of the media missed! NotesINDICTMENT https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf STATEMENT OF FACTS https://thehill.com/wp-content/uploads/sites/2/2023/04/Donald-J.-Trump-SOF.pdf NY Penal Law 175.10 https://codes.findlaw.com/ny/penal-law/pen-sect-175-10.html NY Penal Law 175.05 https://codes.findlaw.com/ny/penal-law/pen-sect-175-05.html Just Security article critiquing us https://www.justsecurity.org/85831/the-broad-scope-of-intent-to-defraud-in-the-new-york-crime-of-falsifying-business-records/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

On the cusp of Former President Donald Trump's arraignment, Liz and Andrew break down the recent Maryland Appellate Court's decision in Lee v. Maryland concerning Adnan Syed and the Baltimore State's Attorney's Office decision to petition to vacate his conviction and drop all charges against him. What's really going on? Why have so many media outlets gotten this wrong?? Listen and find out! Notes OA 107 https://openargs.com/oa107-adnan-syed-obviously-also-can-learn-patents/ OA 633 https://openargs.com/oa633-why-adnan-was-released/ Lee v. Maryland https://www.mdcourts.gov/data/opinions/cosa/2023/1291s22.pdf Md. Code, Crim. Pro. Art., § 8-301.1 https://law.justia.com/codes/maryland/2021/criminal-procedure/title-8/subtitle-3/section-8-301-1/ Md. Code, Crim. Proc. § 11-102 https://casetext.com/statute/code-of-maryland/article-criminal-procedure/title-11-victims-and-witnesses/subtitle-1-general-provisions/part-i-definitions-rights-available-throughout-proceedings/section-11-102-victims-right-to-attend-proceedings -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew break down the latest ruling in Delaware granting Dominion partial summary judgment in its defamation lawsuit against Fox. Learn exactly why this is a devastating ruling and what it means for the future of everyone's favorite "Fair and Balanced" news channel. In the Patreon bonus, Liz and Andrew update everyone on the latest between Manhattan DA Alvin Bragg and clueless goon Gym Jordan. Notes OA 705 https://openargs.com/oa705-can-dominion-really-take-down-fox-news/  Summary Judgment Order https://s3.documentcloud.org/documents/23738695/dominion-fox-summary-judgment-order.pdf  Pitch Deck https://s3.documentcloud.org/documents/23731963/dominion_3-21-23_hearing_slides-used-at-hearing_redacted.pdf 3/31 Bragg Letter https://www.politico.com/f/?id=00000187-37d2-dd77-a1cf-7ff7d0920000 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

HERE IT IS! Liz and Andrew begin the show by reacting to the news of Trump's indictment while we await the actual copy of the document. After that, the team breaks down how Disney outmaneuvered that dumpy Trump knockoff (Ron DeSantis) with the aid of every law student's worst nightmare: the Rule Against Perpetuities! Notes OA 710 https://openargs.com/oa710-lock-him-up/ OA 711 https://openargs.com/oa711-lock-him-up-2-the-secret-of-the-ooze/ OA 712 https://openargs.com/oa712-lock-him-up-3-rise-of-the-machines/ Text of “Don’t Say Gay” law, HB 1557 http://laws.flrules.org/2022/22 FL Stat. Ch. 189 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0189/Sections/0189.012.html RCID Charter https://www.rcid.org/wp-content/uploads/2015/10/RCID-Charter.pdf  HB 9B https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0009Ber.docx&DocumentType=Bill&BillNumber=0009B&Session=2023B Reedy Creek Declaration of Restrictive Covenants https://www.documentcloud.org/documents/23734248-disney-board-covenant -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down several developments in the ongoing effort to hold Trump accountable, including the back-and-forth between Jim Jordan's "Committee on Oversight" and Manhattan DA Alvin Bragg. Oh, and is Mike Pence going to testify to Jack Smith's Grand Jury? Listen and find out! Along the way we take a deep dive into Congress's power to conduct investigations, the Tenth Amendment, how bad originalism is, and much, much more! Notes OA 708 https://openargs.com/oa708-stormy-daniels-strikes-back/ Politico: Manhattan Trump grand jury set to break for a month https://www.politico.com/news/2023/03/29/manhattan-trump-grand-jury-set-to-break-for-a-month-00089422 AMI non-prosecution agreement https://www.justice.gov/usao-sdny/press-release/file/1119501/download Liz Wonkette https://www.wonkette.com/new-house-committee-to-answer-burning-questions-what-did-nancy-pelosi-coup-and-when-did-she-coup-it Jordan 3/20 Letter to Bragg https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2023-03-20-jdj-bs-jc-to-bragg-re-trump-investigation.pdf Bragg Response Letter March 23, 2023 https://s3.documentcloud.org/documents/23720988/20230323-letter-response-from-manhattan-da.pdf Jordan Response Letter March 25 https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2023-03-25-jdj-bs-jc-to-bragg-re-subpoena-and-response.pdf Watkins v. US, 354 U.S. 178 (1957) https://scholar.google.com/scholar_case?case=562722361999206621 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew break down (former) Fox News producer Abby Grossberg's lawsuit against Fox, and what implications it may have for Dominion's pending $1.6 billion defamation suit against Fox. Notes OA 694: Dominion v. Fox: Defamation Suits Are Hard But Shutting Up is Harder https://openargs.com/oa694-dominion-v-fox-defamation-suits-are-hard-but-shutting-up-is-harder/ OA 705: Can Dominion Really Take Down Fox News?? https://openargs.com/oa705-can-dominion-really-take-down-fox-news/ FMLA https://www.law.cornell.edu/uscode/text/29/chapter-28 Upjohn v. US, 449 U.S. 383 (1981) https://scholar.google.com/scholar_case?case=5153750416071396937 Front, Inc. v. Khalil, 24 N.Y.3d 713 (2015) https://scholar.google.com/scholar_case?case=12991806128851668843 Dominion MSJ https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf Fox TRO Motion v. Abby Grossberg https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=qP3YkE2tdjchZ45eMXvjLA== Fox Emergency Motion to Seal https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.9.0.pdf Order Denying Motion to Seal https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.11.0.pdf Grossberg Amended Complaint v. Fox https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.12.0.pdf Grossberg Original Complaint v. Fox https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.1.0.pdf -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Liz and Andrew break down the strange criminal indictment of Guo Wengui a.k.a. a lot of other names, grifter to the stars and patron to Steve Bannon, and discuss the larger implications of the far-right merger with anti-CCP grifters. You won't want to miss it! Notes OA700 https://openargs.com/oa700-rumors-of-trumps-testimony-in-strzok-suit-may-be-greatly-exaggerated/ Steve Wynn indictment https://www.courtlistener.com/docket/63317117/attorney-general-of-the-united-states-of-america-v-wynn/ Guo Wengui bankruptcy docket (CT) https://storage.courtlistener.com/recap/gov.uscourts.ctb.307068/gov.uscourts.ctb.307068.78.0.pdf Guo Wengui indictment https://www.justice.gov/usao-sdny/press-release/file/1574491/download -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

With a slight break from Trump, Liz and Andrew turn to the pernicious effects of Trump's many, many appointments to the federal judiciary and how it's almost impossible to distinguish nonsense from reality any more. Specifically, the two break down Missouri v. Biden, an absolutely insane lawsuit that somehow has convinced the attorneys general of two states to sign on with a cavalcade of weirdo anti-vax COVID deniers and losers. We talk about what that development means for the future of the rule of law. Notes OA 25 https://openargs.com/oa25-jill-stein-decide-presidency-no/ OA 689 https://openargs.com/oa689-lawsuit-or-interpretive-dance-why-not-both/ OA 707 https://openargs.com/oa707-peter-navarro-gets-spanked-by-government-in-presidential-records-case-with-major-implications-for-trump/ OA 708 https://openargs.com/oa708-stormy-daniels-strikes-back/ OA 710 https://openargs.com/oa710-lock-him-up/ Doughty opinion in Louisiana v. Becerra (COVID vaccine mandate injunction) https://storage.courtlistener.com/recap/gov.uscourts.lawd.185837/gov.uscourts.lawd.185837.28.0_1.pdf Missouri v. Biden Complaint https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.84.0.pdf Missouri v. Biden Order Denying Motion to Strike https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.219.0.pdf Missouri v. Biden Plaintiffs’ Supplemental Brief Supporting PI https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.214.0.pdf Missouri v. Biden Plaintiffs’ Exhibit 1 (Proposed Findings of Fact) https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.214.1_1.pdf Defendants’ Motion to Strike in Missouri v. Biden https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.219.0.pdf Order in Missouri v. Biden Denying Motion to Strike https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.224.0.pdf Washington Post debunking Media Research Center and “The Polling Company” https://www.washingtonpost.com/politics/2023/02/21/lawmakers-cite-fishy-poll-suggest-laptop-tale-would-have-swayed-vote/ Pew Research 2021 survey https://www.pewresearch.org/journalism/2021/06/14/facebook-posts-in-early-days-of-biden-administration-reflect-ideological-divide/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

In our third of three episodes about potential criminal charges against Donald Trump, Liz and Andrew break down recent developments in the Jack Smith grand juries, including an order by Judge Beryl Howell requiring one of Trump's lawyers to testify against him, as well as an update on those other cases. In the Patreon bonus, Liz and Andrew break down the recent Report and Recommendation by Special Master Barbara Jones in the search warrant of James O'Keefe and Project Veritas. Notes OA 710 https://openargs.com/oa710-lock-him-up/ OA 711 https://openargs.com/oa711-lock-him-up-2-the-secret-of-the-ooze/ NY Article 175 https://ypdcrime.com/penal.law/article175.php NY CPL 30.10(2)(b) https://www.nysenate.gov/legislation/laws/CPL/30.10 Bobb certification https://openargs.com/wp-content/uploads/2022.08.30-DOJ-Exhibits.pdf DC Circuit Notice on Preferred Typeface https://www.cadc.uscourts.gov/internet/home.nsf/Content/Announcement+-+Notice+-+Preferred+Typefaces+for+Briefs/$FILE/noticePreferredTypefacesForBriefs.pdf FRAP 35 https://www.law.cornell.edu/rules/frap/rule_35 Special Master Barbara Jones Report and Recommendation https://storage.courtlistener.com/recap/gov.uscourts.nysd.569993/gov.uscourts.nysd.569993.52.0.pdf NYT on Manhattan GJ https://www.nytimes.com/2023/03/22/nyregion/trump-grand-jury-delay.html?smid=tw-share -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Yesterday, Liz and Andrew brought you a bit of a bummer - but an accurate one - regarding the pending indictment of Donald Trump in New York. Today, they bring you the good news about yet another pending indictment in Fulton County, Georgia and Trump's desperate (and likely failing) attempts to stop it. You won't want to miss it! Notes Anna Bower Lawfare explainer https://www.lawfareblog.com/everything-you-ever-wanted-know-about-georgia-special-purpose-grand-juries-were-afraid-ask Atlanta Journal-Constitiution interview with foreperson https://www.ajc.com/politics/exclusive-behind-the-scenes-of-the-trump-grand-jury/6CXLKTFMKNDU7O6TER4B7UTZPE/ Georgia RICO statute, Title 16, Chapter 14 https://law.justia.com/codes/georgia/2021/title-16/chapter-14/ Ga. Code 16-14-3 https://law.justia.com/codes/georgia/2021/title-16/chapter-14/section-16-14-3/ Ga. Code 16-10-20 https://law.justia.com/codes/georgia/2021/title-16/chapter-10/article-2/section-16-10-20/ Trump motion to quash https://www.documentcloud.org/documents/23718113-ex-parte-fulton-county-grand-jury-03-20-2023-102331-37306996-f8b43da6-144b-4544-ab53-4095c1c5f36d State v. Lampl, 770 S.E.2d 629 (Ga. 2015) https://scholar.google.com/scholar_case?case=13555564276998303856 Connally v. General Construction Co., 269 U.S. 385, 391 (1926) https://scholar.google.com/scholar_case?case=9143673394692693115 Reno v. ACLU, 521 U.S. 844 (1997) https://scholar.google.com/scholar_case?case=1557224836887427725 Skilling v. U.S., 561 U.S. 358 (2010) https://scholar.google.com/scholar_case?case=6709078768346680936 State v. Bartel, 479 S.E.2d 4 (1996) https://scholar.google.com/scholar_case?case=2075548165303328436 Kenerly v. State, 715 S.E.2d 688 (Ga. App. 2011) https://scholar.google.com/scholar_case?case=3363311285530927015 -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]  

THIS IS IT! Liz and Andrew answer all your legal questions regarding the anticipated imminent indictment of Donald Trump. Notes OA 708 https://openargs.com/oa708-stormy-daniels-strikes-back/ OA 621 https://openargs.com/oa621-the-fbi-goes-to-mar-a-lago-this-is-big/ 18 U.S.C. § 2071 https://www.law.cornell.edu/uscode/text/18/2071 NY Section 570  https://ypdcrime.com/cpl/article570.php  CPL 190.50 https://www.nysenate.gov/legislation/laws/CPL/190.50 18 U.S. Code § 3056 https://www.law.cornell.edu/uscode/text/18/3056 Tekni-Plex v. Meyner & Landis, 674 NE 2d 663 (NY 1996) https://scholar.google.com/scholar_case?case=10926959041167260833 Liz ATL on Tacopina https://abovethelaw.com/2023/03/trump-lawyer-joseph-tacopina-formerly-consulted-with-stormy-daniels-whoopsie/ Rice and Nuzzi New York Magazine article https://nymag.com/intelligencer/article/hunter-biden-laptop-investigation.html Seth Barrett Tillman, ‘Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications,’ 5(1) British Journal of American Legal Studies 95 (2016) (peer review) Seth Barrett Tillman, ‘Secretary Clinton Can Relax Because Section 2071 Disqualification Does Not Apply to the Presidency: A Response to Attorney General Michael B. Mukasey and Cause of Action (with a Short Reply from Attorney General Mukasey)’ (2015) -Support us on Patreon at: patreon.com/law –Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew take a break from the world of politics (except for Patrons) to bring you the history and law surrounding "March Madness," including whether it was legal to fill out your bracket and how the NCAA approaches its trademarks. Along the way, we'll learn how the current right-wing Supreme Court is going to use a gambling decision to further its activist agenda. If you like basketball -- and even if you don't! -- you won't want to miss it! The Patreon bonus is all about Jenna Ellis and Trump's legal team, and Liz brings the funny. Notes NBC Sports, History of March Madness https://www.nbcsports.com/bayarea/where-did-march-madness-name-come NCAA Trademarks https://www.ncaa.org/sports/2013/12/2/ncaa-trademarks.aspx 15 U.S.C. § 1125 https://www.law.cornell.edu/uscode/text/15/1125 Kizzang lawsuit https://dlbjbjzgnk95t.cloudfront.net/0899000/899955/https-ecf-insd-uscourts-gov-doc1-07315826374.pdf Mitchell Stabbe https://www.broadcastlawblog.com/2023/03/articles/march-madness-and-advertising-use-of-ncaa-trademarks-2023-update-part-1/ NCAA Brackets guidelines https://www.ncaa.com/_flysystem/public-s3/images/2021/10/12/2021-22_Use_of_NCAA_Championship_Brackets_and_Limits_on_Advertising.pdf 28 U.S.C. § 3701 et seq. https://www.law.cornell.edu/uscode/text/28/part-VI/chapter-178 49 U.S. Code § 41713 https://www.law.cornell.edu/uscode/text/49/41713 Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018) https://scholar.google.com/scholar_case?case=6336903476694992840 -Support us on Patreon at: patreon.com/law –Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew tackle the rumors swirling around the Manhattan DA's office that Donald Trump is about to be indicted in connection with the 2016 payment of hush money to adult film star Stormy Daniels. Will Stormy indeed be the one to take down Trump? Listen and find out! In the Patreon bonus, Liz and Andrew update you on Alex Jones's bankruptcies. Notes OA 154: Stormy Daniels is a Legal Genius! https://openargs.com/oa154-stormy-daniels-is-a-legal-genius/ DB Story https://www.thedailybeast.com/how-an-offer-to-testify-before-a-new-york-grand-jury-signals-trouble-for-trump Karen McDougal story https://www.npr.org/sections/thetwo-way/2018/03/23/596257288/former-playboy-model-spills-alleged-affair-details-trump-tried-to-pay-her AMI non-prosecution agreement https://www.justice.gov/usao-sdny/press-release/file/1119501/download 52 U.S.C., Subchapter I https://www.law.cornell.edu/uscode/text/52/subtitle-III/chapter-301/subchapter-I  NY Penal Law 175.05 https://law.justia.com/codes/new-york/2022/pen/part-3/title-k/article-175/175-05/ New York Penal Law 65.10 https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-2-sentences/title-e-sentences/article-65-sentences-of-probation-conditional-discharge-and-unconditional-discharge/section-6510-conditions-of-probation-and-of-conditional-discharge N.Y. Penal Law 255.17 https://law.justia.com/codes/new-york/2022/pen/part-3/title-o/article-255/255-17/ NY CPL 30.10 https://www.nysenate.gov/legislation/laws/CPL/30.10 11 USC § 523 https://www.law.cornell.edu/uscode/text/11/523 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew break down the DOJ's sweeping win "in replevin" against Trump loyalist goon Peter Navarro. What's replevin? Why do we care? Listen and find out for this case that has significant implications for the Presidential Records Act, which in turn may have significant implications for any former Presidents who have refused to give back their Presidential records. We begin with a terrifying development in Alliance for Hippocratic Medicine v. FDA, currently on the desk of Liz's sworn enemy, Judge Kacsmaryk. Notes Alliance for Hippocratic Medicine v. the FDA https://www.courtlistener.com/docket/65768749/alliance-for-hippocratic-medicine-v-us-food-and-drug-administration/?order_by=desc Cato Institute on Navarro https://www.cato.org/commentary/spectacular-economic-ignorance-peter-navarro Presidential Records Act, 44 U.S.C. § 2201 et seq. https://www.law.cornell.edu/uscode/text/44/chapter-22 Stern Letter to Navarro  https://storage.courtlistener.com/recap/gov.uscourts.dcd.245941/gov.uscourts.dcd.245941.1.4_1.pdf DOJ Civil Division Letter to Navarro https://storage.courtlistener.com/recap/gov.uscourts.dcd.245941/gov.uscourts.dcd.245941.1.6_1.pdf Irving Letter https://storage.courtlistener.com/recap/gov.uscourts.dcd.245941/gov.uscourts.dcd.245941.1.5_3.pdf US v. Dean, 989 F.2d 1205 (D.C. Cir. 1993) https://scholar.google.com/scholar_case?case=1562611946262688408 Fisher v. United States, 425 U.S. 391 (1976) https://scholar.google.com/scholar_case?case=10520682160164643446 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Liz and Andrew break down the latest LOLsuit from Lt. Gen. Michael Flynn. You may recall Gen. Flynn from screeching "Lock Her Up!" on the campaign trail while surreptitiously serving as an unauthorized lobbyist for Turkey's brutal authoritarian regime. You may recall him as a pro-Russian stooge who lied about being a pro-Russian stooge. And you may recall him as having been pardoned by Donald Trump after Bill Barr tried to rig the Department of Justice in his favor. However you remember this bozo, you'll be shocked to discover that he now thinks he deserves FIFTY MILLION DOLLARS for... having friends in high places. Fortunately, his lawsuit doesn't stand a chance in hell of succeeding, as Liz and Andrew make clear. Notes Flynn complaint https://storage.courtlistener.com/recap/gov.uscourts.flmd.411523/gov.uscourts.flmd.411523.1.0.pdf OA Amicus Brief http://openargs.com/wp-content/uploads/2020.06.09-Amicus-Brief.pdf OA Amicus Show (Episode 394) https://openargs.com/oa394-the-amicus-show/ OA 689 https://openargs.com/oa689-lawsuit-or-interpretive-dance-why-not-both/ 22 U.S.C. § 618 https://www.law.cornell.edu/uscode/text/22/618 18 U.S.C. § 371 https://www.law.cornell.edu/uscode/text/18/951 2019 DOJ Report on Crossfire Hurricane https://www.justice.gov/storage/120919-examination.pdf 28 U.S.C. Chapter 171 https://t.co/sFiQAXafWI 28 U.S.C. § 2401 https://www.law.cornell.edu/uscode/text/28/2401 Form 95 https://www.gsa.gov/forms-library/claim-damage-injury-or-death 28 U.S.C. § 2675 https://www.law.cornell.edu/uscode/text/28/2675 Sconiers v. US, 896 F.3d 595 (3d Cir. 2018) https://scholar.google.com/scholar_case?case=8262809632148475317 Flynn v. Pelosi https://www.courtlistener.com/docket/61634816/flynn-v-pelosi/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc OA 696 https://openargs.com/oa696-in-which-james-okeefe-pretends-to-be-a-journalist/ -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

THIS IS AN EPISODE YOU'LL WANT TO SHARE! Today, Liz and Andrew break down the latest developments in Dominion Voting Systems defamation lawsuit against Fox News. You know some of the salacious details that have been leaked, but you don't know just how badly Fox has mangled the law. You won't want to miss it! Notes Bartiromo-Fratto emails https://www.documentcloud.org/documents/23697625-bartiromo-fratto-summary-redacted Exhibits - Delightfully mad emails https://s3.documentcloud.org/documents/23698221/redacted-149-200.pdf Dominion MSJ https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf Dominion Reply Supporting SJ https://deadline.com/wp-content/uploads/2023/03/2023-03-08-PUBLIC-Dominion-SJ-Reply-Brief-Fox_Redacted.pdf Fox News Reply Brief Supporting SJ https://deadline.com/wp-content/uploads/2023/03/25-FNN-SJ-Reply-Brief.pdf Edwards v. National Audobon Society, 556 F.2d 113 (1977) https://scholar.google.com/scholar_case?case=515638952298472646 Hogan v. Herald Co., 84 A.D.2d 470 (N.Y. 4th App.Div. 1982) https://scholar.google.com/scholar_case?case=14598091554089425482 Brian v. Richardson, 660 N.E.2d 1126 (N.Y. 1995) https://scholar.google.com/scholar_case?case=15437079674012061938 BONUS! Page v. Oath Inc., 270 A.3d 833 (Del. 2022) https://scholar.google.com/scholar_case?case=3804284272223089234 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Today, Liz and Andrew break down how the Democrats are playing offense with respect to Republican efforts to gaslight America and whitewash the findings of the January 6th Committee. Specifically, they tell you about the 316-page report on GOP Witnesses that Jim Jordan is trying (and failing) to call whistleblowers. You won't want to miss this breakdown! But first, Andrew has to update you on the latest right-wing lies about that dingus Raland Brunson and his nonsense pleadings in the Supreme Court. Notes OA 668 https://openargs.com/oa668-a-new-case-right-wing-sources-are-blatantly-lying-about/ OA 692 https://openargs.com/oa693-mike-pence-cant-testify-against-trump-cause-hes-a-senator-now/ AP, “Supreme Court Will Not Hear Case to Oust Biden, Reinstate Trump” https://apnews.com/article/fact-check-supreme-court-trump-biden-election-850929590422 House Judiciary Report on GOP Witnesses https://democrats-judiciary.house.gov/uploadedfiles/2023-03-02_gop_witnesses_report.pdf 5 U.S.C. § 2303 https://www.law.cornell.edu/uscode/text/5/2303 18 U.S.C. § 1752  https://www.law.cornell.edu/uscode/text/18/1752 D.C. Code § 10–503.16 https://code.dccouncil.gov/us/dc/council/code/sections/10-503.16 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Today, Liz and Andrew provide an update on the new Republican broadside against Fani Willis in Georgia before breaking down the law around bad April Fool's Day jokes. Notes New York Times article on Indiana legislation https://www.nytimes.com/2023/03/05/us/republicans-district-attorneys-trump.html Georgia SB 92 https://www.legis.ga.gov/api/legislation/document/20232024/216780 GA Constitution Art. VI, Sec. VIII, Paragraph II https://law.justia.com/constitution/georgia/conart6.html McLaughlin v. Payne, 761 S.E.2d 289 (Ga. 2014) https://scholar.google.com/scholar_case?case=18437690967547452063 29 U.S. § 216 https://www.law.cornell.edu/uscode/text/29/216 Fast v. Cash Depot, Ltd. http://hr.cch.com/ELD/FastCash110718.pdf Gill lawsuit https://openargs.com/wp-content/uploads/100-Grand-lawsuit.pdf -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]  

Today, Liz and Andrew break down the latest developments in Blassingame v. Trump, a set of consolidated cases pending in the DC Circuit that will affect whether Donald Trump will have to compensate the victims of his attempted January 6th coup. You won't want to miss this one! Notes US amicus brief in Blassingame v. Trump https://storage.courtlistener.com/recap/gov.uscourts.cadc.38510/gov.uscourts.cadc.38510.1218497852.0_4.pdf 42 U.S.C. 1985 https://www.law.cornell.edu/uscode/text/42/1985 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew break down two stories that are all over the news: a proposed new bill in Texas that is an assault on both marriage equality and families. And then we have an update on how Dominion is doing in its defamation lawsuit against Fox News. You won't want to miss it! Notes Texas HB 2889 https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02889I.htm TX Biennial Property Tax Report 2020-2021 https://openargs.com/wp-content/uploads/Biennial-Property-Tax-Report-Texas.pdf 2005 IRS bulletin - Frivolous Tax arguments https://www.irs.gov/pub/irs-irbs/irb05-14.pdf 2007 IRS bulletin - more frivolous Tax arguments https://www.irs.gov/pub/irs-irbs/irb07-14.pdf Flora v. US, 362 U.S. 145 (1960) https://scholar.google.com/scholar_case?case=13305625317215905 Helvering v. Mitchell, 303 U.S. 391 (1938) https://scholar.google.com/scholar_case?case=1082206999326140100 US v. Windsor, 570 U.S. 744 (2013) https://scholar.google.com/scholar_case?case=15904210835021146815 Equal Dignity for  Married Taxpayers Act https://www.congress.gov/bill/117th-congress/house-bill/3833/text?r=98&s=1 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Today, Liz and Andrew take a deep dive into Consumer Financial Protection Bureau v. Community Financial Services Association of America, a case that the Supreme Court just granted certiorari to review. Is the conservative Roberts court going to gut Liz Warren's signature accomplishment, the CFPB? Listen and find out! (Yes, Andrew screwed up the numbering so you got episode #700 before #699... now everything should be good!) Notes CFPB v. CFSAA cert petition and 5th Circuit opinion https://www.supremecourt.gov/DocketPDF/22/22-448/246429/20221114155607407_No.%20CFPB%20et%20al.%20v.%20CFSA%20et%20al.pdf Responsible lending https://www.responsiblelending.org/research-publication/fact-v-fiction-truth-about-payday-lending-industry-claims The Victims of Payday Lending https://www.responsiblelending.org/issues/victims-payday OA 126 https://openargs.com/oa126-mick-mulvaney-consumer-financial-protection-bureau/ 12 C.F.R. § 1041.8 https://www.consumerfinance.gov/rules-policy/regulations/1041/8/ 12 U.S.C. § 5511 https://www.law.cornell.edu/uscode/text/12/5511 Seila Law, LLC v. Consumer Financial Protection Bureau, 591 U.S. 207 (2020) https://scholar.google.com/scholar_case?case=14557349188638541514 12 U.S.C. 5497 https://www.law.cornell.edu/uscode/text/12/5497 OPM v. Richmond, 496 U.S. 414 (1990) https://scholar.google.com/scholar_case?case=1013607894853666546 Kate Stith, Congress’s Power of the Purse, 97 Yale L.J. 1343 (1988) https://openyls.law.yale.edu/bitstream/handle/20.500.13051/16554/62_97YaleLJ1343_June1988_.pdf?sequence=2 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

You may have seen the news accounts that a court ordered Donald Trump (and FBI director Chris Wray) to be deposed in connection with a lawsuit. Well, today, Liz and Andrew break down the DOJ's ongoing battle with Peter Strzok and Lisa Page. Why is the government still fighting this? Will they really get to depose Trump? Listen and find out! Notes 5 U.S.C. 552a https://www.law.cornell.edu/uscode/text/5/552a Lisa Page's story to Molly Jong-Fast https://www.thedailybeast.com/lisa-page-speaks-theres-no-fathomable-way-i-have-committed-any-crime-at-all Hatch Act https://www.govinfo.gov/content/pkg/USCODE-2015-title5/html/USCODE-2015-title5-partIII-subpartF-chap73-subchapIII.htm#:~:text=%C2%A77321.,political%20processes%20of%20the%20Nation Strzok response https://storage.courtlistener.com/recap/gov.uscourts.dcd.209963/gov.uscourts.dcd.209963.88.0.pdf EO 13233 https://sgp.fas.org/news/2001/11/eo-pra.html Strzok opposition https://storage.courtlistener.com/recap/gov.uscourts.dcd.209963/gov.uscourts.dcd.209963.100.0.pdf Strzok filing re motion to quash subpoenas for Trump and Wray, apex doctrine https://storage.courtlistener.com/recap/gov.uscourts.dcd.209963/gov.uscourts.dcd.209963.88.0.pdf -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Liz and Andrew break down a much-requested case, Gonzalez v. Google, that the Supreme Court just heard on oral argument. Will it break the Internet? Listen and find out! Notes Legal Eagle video https://www.youtube.com/watch?v=hzNo5lZCq5M&ab_channel=LegalEagle  OA 390 https://openargs.com/oa390-trumps-war-on-twitter-a-deep-dive-on-section-230/ OA 451 https://openargs.com/oa451-section-230-and-tulsis-transphobia/ 47 U.S.C. § 230 https://www.law.cornell.edu/uscode/text/47/230 Malwarebytes, Inc. v. Enigma Software, 5902 U.S. ____ (2020) https://www.supremecourt.gov/opinions/20pdf/19-1284_869d.pdf Google Opp. Brief https://www.supremecourt.gov/DocketPDF/21/21-1333/252127/20230112144706745_Gonzalez%20v.%20Google%20Brief%20for%20Respondent%20-%20FINAL.pdf Petitioners’ Brief https://www.supremecourt.gov/DocketPDF/21/21-1333/247780/20221130182721608_GonzalezPetMerits.pdf Respondents’ Brief https://www.supremecourt.gov/DocketPDF/21/21-1333/252127/20230112144706745_Gonzalez%20v.%20Google%20Brief%20for%20Respondent%20-%20FINAL.pdf Petitioners’ Reply https://www.supremecourt.gov/DocketPDF/21/21-1333/254251/20230207191257813_GonzalezRepyMeritsPrinted.pdf Government Brief https://www.supremecourt.gov/DocketPDF/21/21-1333/249441/20221207203557042_21-1333tsacUnitedStates.pdf -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Today is one of those good news/bad news episodes. In good news, Arizona has shined some light on a report that election denier Mark Brnovich tried to bury regarding (nonexistent) voter fraud and the 2020 election. In bad news, Florida is trying to overturn the Supreme Court because Ron DeSantis hates the press. And in great news... well, you'll just have to listen and find out! Notes OA 688 https://openargs.com/oa688-oh-no-the-privilege-is-mine/ Florida HB 951 https://flsenate.gov/Session/Bill/2023/951/BillText/Filed/PDF Florida HB 991 https://flsenate.gov/Session/Bill/2023/991/BillText/Filed/PDF Branzburg v. Hayes, 408 U.S. 665 (1972)https://scholar.google.com/scholar_case?case=11598860258825518787 Federal flag bill https://www.govinfo.gov/content/pkg/STATUTE-120/pdf/STATUTE-120-Pg572.pdf#page=1 FL flag bill http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.304.html AZ Appellate decision in Lake v. Hobbs https://www.democracydocket.com/wp-content/uploads/2022/12/Lake-COA-Ruling.pdf  Liz Wonkette on Kari Lake and Ryan Heath https://www.wonkette.com/breaking-kari-lake-still-not-governor Executive Summary https://mcusercontent.com/cc1fad182b6d6f8b1e352e206/files/4ca5c5d9-3254-2b94-dbd8-bd2a6ea8b7c3/Election_Review_Summary.pdf Email draft correcting Brnovich https://mcusercontent.com/cc1fad182b6d6f8b1e352e206/files/8295e52f-b336-c17e-8cbd-3c0255c99ab6/Kanefield_Fann_Document.01.pdf -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew visit the strange world of James O'Keefe and his agitprop outfit, Project Veritas. Along the way we'll learn about a bunch of cases, the law of prior restraint, and much, much more! Notes Project Veritas $22 million https://projects.propublica.org/nonprofits/organizations/272894856 Federal Docket O'Keefe v. Twitter https://www.courtlistener.com/docket/59899639/okeefe-iii-v-twitter-inc/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc NY Appellate docs - O’Keefe v. Twitter https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=OihBJQsmc7aFb4qIIdOKeA== Liz ATL on O’Keefe-CNN https://abovethelaw.com/2021/04/project-veritas-gonna-sue-twitter-for-defamatory-section-230-censorship-and-first-amendment-assault-or-something/ Project Veritas Docket (00813) https://www.courtlistener.com/docket/61377333/parties/in-re-search-warrant-dated-november-5-2021/ Project Veritas Board of Directors https://www.projectveritas.com/news/statement-from-the-project-veritas-board-of-directors/ -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Today, Liz and Andrew tackle some listener feedback, resume their discussion of the crime-fraud exception, and end with perhaps Ken Paxton's craziest lawsuit (and that's saying a lot)! Notes Federalist Papers No. 68 https://avalon.law.yale.edu/18th_century/fed68.asp Crime/fraud NYT story https://www.nytimes.com/2023/02/14/us/politics/trump-lawyer-classified-documents-investigation.html Liz ATL of Paxton’s ethics and counter-investigation https://abovethelaw.com/2022/05/tx-ag-ken-paxton-launches-bogus-investigation-of-state-bar-still-winds-up-with-ethics-lawsuit/ Texas v. Garland https://storage.courtlistener.com/recap/gov.uscourts.txnd.373284/gov.uscourts.txnd.373284.4.0_1.pdf -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Today is one of those shows you'll want to share around. EVERYONE is talking about the bombshell revelations from Fox News, but only Liz and Andrew can help you understand how we got here and what it all means! Notes Original Dominion-Fox Complaint https://www.documentcloud.org/documents/20527880-dominion-v-fox-news-complaint Dominion lawsuit against OAN https://s3.documentcloud.org/documents/21039565/dominion-oan-complaint.pdf Dominion Motion for Summary Judgment (MSJ) https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf DE State docket https://courtconnect.courts.delaware.gov/cc/cconnect/ck_public_qry_doct.cp_dktrpt_docket_report?case_id=N21C-03-257&begin_date=&end_date=#dockets Fox Corp MSJ https://deadline.com/wp-content/uploads/2023/02/Redacted-Public-Version-Fox-Corp-Opening-MSJ-Brief.pdf Fox News MSJ https://deadline.com/wp-content/uploads/2023/02/Redacted-Public-Version-FNN-Opening-MSJ-Brief.pdf Fox News anti-SLAPP counterclaim https://deadline.com/wp-content/uploads/2023/02/PUBLIC-VERSION-FNNs-First-Amended-Counterclaim-Accepted.pdf -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Today is a Rapid Response Friday, and Liz and Andrew break down all the developments with the two grand juries convened by Jack Smith to investigate Donald Trump's various crimes. Oh, and we also analyze the released portions of the Fulton County grand jury report which reveals a bit more than you might think! We've also learned that a bunch of Trump lawyers have been subpoenaed to testify or otherwise the subject of grand jury questions, and you may be wondering how that's possible, and we walk you through when privilege is.. not privilege! Notes Unredacted portions of Fulton County SPGJ Report https://s3.documentcloud.org/documents/23683158/2022-ex-000024-ex-parte-order-of-the-judge-5.pdf FRE 501 https://www.law.cornell.edu/rules/fre/rule_501 Bobb says she’s not a lawyer in documents case https://www.salon.com/2022/10/03/attorney-lawyers-up--and-says-shes-willing-to-cooperate-with-doj-in-mar-a-lago-case-report/  NYT Epshteyn story https://www.nytimes.com/2023/02/14/us/politics/trump-lawyer-classified-documents-investigation.html -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

In today's episode, Andrew and Liz briefly discuss the breaking news that Mike Pence intends to assert the "speech or debate clause" as a reason to protect insurrectionists, delve into Ken Paxton's latest settlement, and update you on the World's Dumbest Supreme Court litigants! Notes Paxton settlement https://www.documentcloud.org/documents/23607998-211027_mtn-to-abate Whistleblower Petition https://thetexan.news/wp-content/uploads/2021/03/Paxton-Whistleblower-Lawsuit-Documents-Through-Feb.-9-Filing.pdf Appellate court decision https://cases.justia.com/texas/third-court-of-appeals/2021-03-21-00161-cv.pdf?ts=1634818950 Paxton bar complaint https://drive.google.com/file/d/1D8OH23E-E4hD7Bgn0cY_zEQxdqFtF8u5/view Webster dismissal https://www.texasattorneygeneral.gov/sites/default/files/images/executive-management/SBOT%20v.%20BW%20Letter%20Ruling.pdf Raland J. Brunson cert petition https://www.supremecourt.gov/DocketPDF/22/22-380/243739/20221027152243533_20221027-152110-95757954-00007015.pdf Petition for Rehearing https://www.supremecourt.gov/DocketPDF/22/22-380/253190/20230126114616761_rehearing%2022-380.pdf Supreme Court Rule 44 https://www.law.cornell.edu/rules/supct/rule_44 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

Today, Liz and Andrew break down a number of stories, all of which are bad news for Donald Trump, and we put all of them into the context of Trump's crimes. We also preview the forthcoming release of part of the Fulton County, GA special purpose grand jury report. Phew! First, Liz continues to update us on the E. Jean Carroll litigation, this time focusing on Trump's post-discovery stunt in which he now is willing to offer his DNA. Find out why this is a disingenous stunt and find out all the law explaining why. Then we learn more -- much more -- than you ever wanted to learn about Trump's document retention and destruction policies. Hint: it involves nightlights and toilets, and no, we are not making that up. Notes Carroll II Docket https://www.courtlistener.com/docket/65895581/carroll-v-trump/?order_by=desc Jan 6 Committee Report https://www.govinfo.gov/content/pkg/GPO-J6-REPORT/pdf/GPO-J6-REPORT.pdf Feb 10 Trump "Truth" https://truthsocial.com/users/realDonaldTrump/statuses/109844321125474837 McBurney order https://s3.documentcloud.org/documents/23608438/2022-ex-000024-ex-parte-filing-12.pdf -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

In today's episode, Liz and Andrew break down all the developments in the two federal criminal investigations pending about former President Donald Trump that have been delegated to Special Counsel Jack Smith. First, in the documents case, Liz and Andrew discuss why -- all of a sudden -- Trump's team seems to be voluntarily turning over documents, along with a grand jury appearance by Trump's lawyer, Evan "the Cork" Corcoran. Is this normal? (No.) Then, Andrew and Liz break down the bombshell news that Mike Pence has been subpoenaed to appear before Smith's grand jury, presumably to discuss 1/6-related issues. Liz brings her journalistic instincts to bear and Andrew tells us all about that other executive privilege case involving a certain former President who also definitely was not a crook. Notes CNN Trump handover of docs https://www.cnn.com/2023/02/10/politics/trump-classified-records-laptop/index.html 18 USC § 793 https://www.law.cornell.edu/uscode/text/18/793 Washington Post on Judge Howell https://www.washingtonpost.com/nation/2022/12/08/trump-contempt-mar-a-lago-records/ Trump Subpoena Issued https://www.theguardian.com/us-news/2023/feb/12/trump-was-issued-subpoena-for-folder-marked-classified-evening-briefing-discovered-at-mar-a-lago OA13 https://openargs.com/oa13-hillary-clintons-damned-emails/ NYT Article on Pence Search ​​https://www.nytimes.com/2023/02/10/us/politics/pence-fbi-home-search.html Bloomberg article on Evan the Cork testifying https://www.bloomberg.com/news/articles/2023-02-11/trump-lawyer-in-mar-a-lago-search-appeared-before-grand-jury Washington post on Trump’s hiring of Evan the Cork https://www.washingtonpost.com/national-security/2022/08/23/trump-records-mar-a-lago-fbi/ Order appointing Jack Smith - Appointment Order 5599-2022 https://www.justice.gov/opa/press-release/file/1552896/download Pence subpoenaed https://www.nytimes.com/2023/02/09/us/politics/pence-subpoena-trump.html US v. Nixon, 418 U.S. 683 (1974) https://scholar.google.com/scholar_case?case=5132513257326080850 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Today's episode begins with a brief mention of the breaking news about Mike Pence that we will be covering in depth as soon as we know more! Then, we look at a couple of lawsuits and learn why Liz isn't always a fan of the OA "read the complaint backwards" method. Does she convince Andrew? Listen and find out! We break down the latest conspiracy counterclaims from One America Network News, while learning the difference between the conservative persecution complex worldview -- that Big Tech is censoring conservatism because reasons -- and the reality: that big companies are funding and propping up garbage conservative outlets like OANN. After that, we move on to arguably the Worst People in the World: anti-vaxxers. Specifically, we look at a lawsuit by RFK, Jr. and a whole bunch of weirdos against All the Media for kicking them off YouTube and Twitter. It's... something, all right. But! At least we learn a little something about the Trusted News Initiative anti-trust and the media along the way. Notes SOTU Fact-check https://www.nytimes.com/2023/02/08/us/politics/fact-check-biden-state-of-the-union.html Dominion complaint against OAN https://storage.courtlistener.com/recap/gov.uscourts.dcd.234315/gov.uscourts.dcd.234315.1.0.pdf OAN California Lawsuit https://s3.documentcloud.org/documents/21410177/oann-lawsuit.pdf RFK lawsuit https://storage.courtlistener.com/recap/gov.uscourts.txnd.371829/gov.uscourts.txnd.371829.1.0.pdf Liz Backgrounder at Wonkette https://www.wonkette.com/antivaxx-loons-rfk-jr-jim-hoft-other-idiots-sue-news-outlets-for-booting-them-off-twitter J.W. Howard Attorneys: We Have A Big Pirate Ship! https://jwhowardattorneys.com/ Trusted News Initiative https://www.bbc.co.uk/beyondfakenews/trusted-news-initiative/ Associated Press v. United States, 326 U.S. 1 (1945) https://scholar.google.com/scholar_case?case=12116214944985887583

Today, Liz and Andrew have two stories for us, each touching on executive privilege. We begin with a quick fun Liz story where what comes around, goes around, particularly in Georgia. Then, for the first main story, Liz gives us a detailed update in the E. Jean Carroll litigation, where Trump has finally replaced Alina Habba with an actual lawyer. How's that going to go for him? Hint: probably still not great. After that, Andrew picks up a story involving the January 6th Committee, the New York Times, Politico, Judge Beryl A. Howell, executive privilege, and the world's longest minute order. It's a deep dive and a breaking news story all in one! Notes It's okay to vote while black in Georgia! https://www.gpb.org/news/2023/02/08/black-volunteers-passing-out-water-at-2020-albany-voting-site-cleared-of-wrongdoing Facts about Georgia's restrictions https://www.politifact.com/factchecks/2021/mar/29/josh-holmes/facts-about-georgias-ban-food-water-giveaways-vote/ Clinton v. Jones, 520 U.S. 681 (1997) https://scholar.google.com/scholar_case?case=1768307810279741111 The world's longest minute order https://www.courtlistener.com/docket/65636836/application-of-the-new-york-times-company-and-charlie-savage-for-access-to/?order_by=desc Fed. R. Crim. Pro. 6 https://www.law.cornell.edu/rules/frcrmp/rule_6 McKeever v. Barr, 920 F.3d 842 (D.C. Cir. 2019) https://scholar.google.com/scholar_case?case=3726944855474329424&q=mckeever+v+barr&hl=en&as_sdt=2006 -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]

This is my apology for recent events.

A new record for him! Today Liz Dye has two stories for us. First, Trump has sued Bob Woodward for profiting off of his voice in his new book. Does he have a case? Well, almost assuredly not. But he happens to come close to a real argument, and you know, that's like really impressive! Then, Liz breaks down new news on Hunter Biden's laptop. It's still so confusing but Liz helps us make sense of it!

It's Liz ThursDYE! Lots has been made of the robots coming for the lawyer jobs... But is it all it's cracked up to be? Should a human use a lawyer to argue in front of the Supreme Court? Or is that... the single stupidest idea in history? Find out, with Liz Dye!

It's the return of Mo's Poplaw Lawpod! Ace associate Morgan Stringer breaks down the tragic death of up-and-coming cinematographer Halyna Hutchins. Charges were filed against Alec Baldwin and armorer Hannah Gutierrez-Reed.

Some people are pissed about this, but should they be? What's happening and will Trump be charged in Georgia over his "perfect phone call?" Find out! Click here for full links and show notes!

Lots of news today! Secret documents found in Mike Pence's house and also in your house and your spouse is actually secret documents. Then Andrew brings us some really interesting speculation on why Ken Cuccinelli was called in to before Jack Smith's grand jury that no one else has talked about. And finally, asshole Peter Navarro has pulled out all the stops in pursuit of his executive privilege claim, including now... time travel? Click here for full links and show notes!

It's Liz WednesDye! Liz brings us the delightful schadenfreude of Trump's many vexatious lawsuits blowing up in his face, resulting in paying a lot in legal fees for other people's lawyers. But is it enough?

Action packed show today! The House Jan 6 Committee still has effects from beyond the grave. Fireball whiskey is making knockoffs of itself? And yeah, those new Republican House Rules are garbage and should feel like garbage. Click here for full links and show notes!

THEY DIDN'T EVEN ASK ALITO about the allegations of him leaking a prior decision. These weren't like, tabloid Occupy Democrats allegations either. These were in the New York gdamn Times. Didn't even look into it. Then, Reynal not sanctioned in CT but like, he might as well have been. And Dersh is STILL lying his ass off. This isn't a repeat. It's a new more pathetic set of lies every episode almost. Click here for full links and show notes!

Plus, commingling secret documents with personal things: bad when Trump does it, but not when Biden does it? Is the left being hypocritical on that? And, EVEN MORE lawyer sanctioning as Reynal gets slapped down in Texas. Here are the entire show notes and links.

It's just so bad and so dumb. Somehow these people are lawyers. Their arguments make T3BE look like a legal master class. Listen in for the hilarious details! Here are the show notes!

Hooo boy! Lots of very energetic feedback on our DnD episode. Spoiler: many, many people think Andrew totally biffed the analysis. So, he's gone through a ton of it and has some fresh analysis for you. Is this an Andrew was wrong? Find out! Here's the fb thread where you can insult Andrew. Here are the original show notes!

The story of the classified documents found in various Biden related locations is still developing, but National Security Counselors Executive Director Kel McClanahan joins us to give his expert opinion on what we know so far! For full links and show notes, go here! To find Kel on whatever Mastodon is, go to https://mstdn.social/@NatlSecCnslrs

The internet is aflame over a leaked draft of Wizards of the Coast new licensing agreement for Dungeons and Dragons. But, should they be? Our resident legal expert Andrew says no and calls the Gizmodo piece that started all of this "irresponsible fear mongering." Listen in to find out why! For full links and show notes, click here!

You know the deal, Liz Dye Wednesday! Wednesdye! Liz breaks down Norm's little mandated vacation...

Definitely not anyone that we know of's Ethics Professor Alan Dershowitz has responded to his sanctions motion with a bunch of feeble lies. In other words, more unethical stuff. Listen in for why his defense is terrible. For full links and show notes, click here!

Andrew takes us back into Citizens United to illustrate for the umpteenth time just how glaringly dishonest originalists are, and the rabbit trail takes us all the way to 1910's Montana and elections bought and paid for at $750 a pop. In the first segment, is Clint Curtis f@cking crazy? Yes. So, despite what Andrew said in a past episode, he will NOT be following up with him. Then, Thomas AND Chat GPT take the bar exam! For full links and show notes, click here!

Sorry this is just so funny and we all deserve to enjoy it. We recorded this early due to a cyclone that wasn't very bomb, and yet everything Andrew said and researched remains perfectly timely as of release due to the fact that McCarthy has failed EVEN MORE VOTES. It's so great. But Andrew has for us a deep-dive on the history of this, and just how unprecedented it really is. PLUS an update – Elon Musk is still an idiot. And SO bad at business. Just... so, so bad. For full show notes including links, click here!

Liz Dye joins us to break down the J6 bombshell news that Cassidy Hutchinson's own lawyer was apparently... not her lawyer. It's some extremely unethical stuff. Possibly criminal? Listen in! For full links and show notes, click here!

So much more from the Jan. 6th committee is out, and that means our esteemed Andrew Torrez stole away from holiday cheer to read hundreds and hundreds of pages of documents. What do they reveal? If Trump is indicted, who will actually make a good witness against him? The answers MAY surprise you. For full links and show notes, click here!

Calling all Uncles Frank for a frank but respectful breakdown of how your right wing media sources are simply not telling you the truth. A laughably terrible "Supreme Court Petition" is going to "Rewrite the History of American Politics." Except... it will do no such thing. So if you've got an Uncle Frank in your life who you are seeing over this holiday break, point them to this episode and maybe we can start finding a tiny bit of common ground! For full show notes and links, click here.

Andrew gives us that signature OA approach, having read every case relevant to the law Trump has potentially violated. What does the case law tell us about how to convict him? For full links and detailed show notes, go here.

Alright look we forgot it was episode 666. But Trump has sued the Pulitzer committee and it is HILARIOUS. And... satanic? Ok no but we can pretend. Liz Dye is here with the breakdown!

Andrew breaks down several lawsuits that threaten Democracy, albeit incredibly ineptly and feebly. They are hilariously terrible. Links: Kari Lake's Lawyers Lose Election Suit, Win Sanctions, Lake v Hobbs, Lake v Hobbs.... again, Christina Bobb, Trump Lawyer Christina Bobb Promises Kari Lake Lawsuit Is First Step Back To White House For Trump - Wonkette, This Pro-Trump Lawyer Was a Rising 'Stop the Steal' Star, His Firm Erased Him, New Documents Show Trump Repeatedly Pressed DOJ to Overturn Election, Kurt Olsen complaint, ARS 16-672, Rupert Murdoch to be deposed in $1.6 billion Dominion defamation case, nutjobs v dominion

Andrew untangles the vast web of Alex Jones's bankruptcy and uses it as an opportunity to educate us on bankruptcy law! Chapter 7 vs 11 vs... 5? Find out what it all means and why no one is buying Alex Jones's maneuvering. Links: The Small Business Reorganization Act: Big Changes for Small Businesses, Understanding the Purpose of the Subchapter V Trustee – NCBarBlog, Jones arguments, US Trustee, subchapter V trustee, Alex Jones personal bankruptcy and motion

and does other totally normal things that indicate everything is completely awesome with him. Why is he offloading so much stock? And he isn't the only one. What does it say about Tesla? (btw we recorded this before he started banning journalists on Twitter for... sharing publicly available info about his flights.) Also, Trump replies to the Tish James injunction in Florida, and NBC files its answer to the Devin Nunes v Rachel Maddow suit! Links: Trump reply in Tish James suit, NBC Answer in Nunes/Maddow defamation case, SEC Form 4s - November 4, 2022, November 7, November 8, December 12-14, original CMO Dearie

It's another Lizisode! Liz Dye takes us through the very insidious lying nonsense that is the Twitter files. It's infuriating.

Once upon a time, there was a company that sold incredibly overpriced cables... When that well went dry, they moved onto patent trolling. This is the story of when they attempted to patent troll the wrong guy... Links: Monster Cable - Wikipedia, Monster Cables, Monster Ripoff: 80% Markups – Consumerist, Do Coat Hangers Sound As Good Monster Cables? – Consumerist, HDMI cable scam used to fool in-store customers? | Engadget, Monster "HDMI Difference" scam still kickin' in Fry's Electronics | Engadget, Monster patent C&D, exhibits, Blue Jeans Cable response, Blue Jeans Cable Strikes Back - Response to Monster Cable | Audioholics

We here at Opening Arguments enjoy documenting just how many different ways Alex Jones is financially f@cked. He added another bankruptcy to his collection, and like the previous ones, this one is likely part of a devious plan to get out of paying people stuff. Will it work? Links: Derkach Charged with Fraud and Money Laundering, Jones Bankruptcy, personal bankruptcy and motion

So many good news episodes lately! The Trump Org found guilty on like a lot of counts, No 11th circuit appeal on the special master bullsh, more classified docs found, Jack Smith issues subpoenas... so much! in the first segment we talk about the likely disaster that is Moore v. Harper, but Andrew thinks oral arguments suggested a less bad outcome. Get the breakdown! Links: Matt Taibbi Twitter thread, Moore v. Harper, Trump org convicted, New York Consolidated Laws, Penal Law - PEN § 155.40, PEN § 175.35, PEN § 175.10, Trump Org Guilty Of Criminal Tax Fraud, Trump lawyers found items with classified markings in his storage unit, Bobb certification

Hey folks, The auto ad tehcnology is what makes the 4 episode a week schedule possible. However, it's also something that I have no control over. There seems to be some issue on the server side. The episode was cut off at the place where the second ad slot was supposed to go. There is absolutely nothing I can do beyond submitting a support ticket, which I have. Apologies for this. As always, the patron feed has no ads and therefore this episode was obviously fine over there. In the meantime, I'm just releasing it without ads so that people can still listen. We'll give up ad revenue for this one, no big deal! Thanks for your understanding and sorry for the inconvenience! Thomas.

Yikes... We're once again joined by the great Liz Dye! This time, she's here to breakdown the absolute shellacking Dershowitz and co. recieved for being horrible lying pieces of sh!t and terrible lawyers. They're not sending their best!

Everyone's favorite 1st Amendment understander Devin Nunes has sued cow after twitter cow and it obviously has all gone nowhere. BUT, his defamation lawsuit against Rachel Maddow has survived a motion to dismiss... So... HOW?!?! Is this a big deal? What happened? Did Maddow f up? Andrew T's got the full breakdown! Links: Nunes complaint, Devin Nunes’ Cow Account Won’t Quit, Andrii Derkach Wikipedia

Wow it's almost like there really was an armed coup on January 6th on our nation's Capital. Stewart Rhodes and Kelly Megs have been found guilty of sedition. But when it comes to their sentencing... it's actually not very clear how much time they will do. That's because there really isn't much precedent for this. Andrew has the breakdown! Before that, though, we have a follow-up on the music episode. We share further thoughts inspired by some of the response we got. And we got a lot... Links: 18 U.S. Code § 2384 - Seditious conspiracy, 18 U.S. Code § 3553 - Imposition of a sentence, Sentencing_Table.pdf, trump-lawyers-sanctioned.pdf, Trump sanctions stayed?

It's a bit of a good news show! The Respect for Marriage Act has passed the Senate! Justice Alito was ratted out by a Rev. Schenck. And, the 11th Circuit delivered a whopper of a decision putting an end to the Judge Cannon Naro Lago nonsense. Links: Respect for Marriage Act (HR 8404) passes, 42 U.S. Code § 416 - Determination of Family Status, NY Times Schenck-Alito story, Former Anti-Abortion Leader Alleges Another Supreme Court Breach, response from Supreme Court Legal Office, Gift Regulations (Guide to Judiciary Policy, Vol. 2C, Ch. 6), Trump motion for disclosure, Media motion for access

We're once again joined by the incredible Liz Dye to update us (and remind us of the backstory...) on the E. Jean Carroll suit. Or now, SUITS! She has been able to file another suit against Trump due to a new law that has been passed. It's good news for justice, bad news for Trump!

What happens when Thomas preps a music law episode but Andrew also preps a music law episode? You get basically 2 episodes in 1! Given that we just moved to our more frequent schedule, we definitely did not intend to create such a behemoth, but there was just too much to cover! In the first half, Andrew sketches out the legal landscape in music copyright law and it's pretty severe limitations. We analyze the Blurred Lines/Got To Give It Up lawsuit, and the Sam Smith/Tom Petty case, complete with clips! Then in the second half, we FINALLY get to the actual case at hand, which is Grigson v Lopez. Thomas takes Andrew on a bit of a musical tour discussing different elements of the songs with even more clips!

... and his terrible f*cking attorneys. You love to see it.

The fact that Garland has appointed a Special Counsel means an indictment is not coming in the very immediate future. HOWEVER, everything we know about Jack Smith tells us that this is a very serious step that is not good for Trump. Listen in and find out why! Also, the 11th Circuit AGAIN slapped down Judge Cannon's horrendous ruling. The oral arguments could have been a Law'd Great Media. Andrew brought some quotes and they are great. This is the first episode of our new format, so there is no T3BE! There will be 4 episodes next week, the two smaller ones will have the T3BE question and answer. Exciting! Links: 28 U.S. Code § 510 - Delegation of authority, 28 CFR Part 600 - GENERAL POWERS OF SPECIAL COUNSEL, 28 CFR § 600.7 - Conduct and accountability, Smith Appointment order, 28 CFR § 600.8 - Notification and reports by the Special Counsel, 11th-circuit-grants-stay.pdf, 11th-circuit-grants-stay.pdf, Trump still filing to Cannon, Another Eastman Loss, SCOTUS declines to intervene for Trump taxes

A viral meme claims that a fake Eli Lilly tweet declaring insulin to be free tanked the stock to the tune of billions and billions. Ignoring for a moment the fact that it seems incredibly unlikely that an easily debunkable fake tweet on fake tweet day would send a bunch of investors into a frenzy, could Eli Lilly sue the tweeter? Or the Twitter? It's another Section 230 deep dive! Links: 47 U.S.C. § 230, Malwarebytes, Inc. v. Enigma Software Group, Gonzalez v. Google LLC - SCOTUSblog, Trump 9th Cir. brief

...despite Mitch McConnell voting against codifying his own marriage into law... This is good news! Is it perfect news? As usual, no! But is it still very good? Yes! Would this have happened without Democrats controlling congress even by the slimmest possible majority? NO! Also, MAJOR show announcement! And it's a good one! Then Liz Dye joins to talk about a judge slapping down the Stop Woke Act. Links: Remaining House Election Results and Race Calls - The New York Times, Bipartisan senators revive effort to pass bill codifying same-sex marriage protections, U.S. v. Windsor, 570 U.S. 744 (2013), 28 U.S. Code § 1738C - Certain acts, records, and proceedings and the effect thereof, H. R. 8404 To repeal the Defense of Marriage Act

Today we get a breakdown on a few cases in which right wing goons are seeking to shut down free speech and freedom of the press in a pretty major way. AND they are finding success in our broken courts. Dershowitz v. CNN and Trump v. CNN. It also gives Andrew a chance to fawn over the Onion Amicus Brief that so many of you requested us to go over! Links: Dersh v CNN motion for summary judgment, Novak v. City of Parma, Novak v. City of Parma, 33 F.4th 296 6th circuit opinion, Novak cert petition, Onion's amicus brief

It's a good news show! Of course you know by now that Democrats over-performed in the midterms. So it's time for Andrew to take a bit of a victory lap and discuss what happened, what races are still left to be called, how the balance of power might change, and what that will mean for Democrats and, you know, the future of our democracy!

Andrew has done exhaustive research on all the key midterm elections to deliver to you a definitive guide on what to look for on election night. How soon will we know if things are good? Or if they are terrible? Which election outcomes should we be surprised about and which should be completely not surprising? Find out! Also, patrons gain access to Andrew's entier notes on this one, which you may want because there is a lot here!

Hooooo boy. Ok, Elon Musk officially owns Twitter. Does that mean a big "Andrew was wrong?" Well.... kinda but it's complicated. We really just did not fathom how irrational Elon is. His wealth has taken a perhaps unprecedented hit as a result of this terrible deal. Listen for the details! Then, Liz Dye joins us for an update on Jan 6! Links: Shareholder vote twitter, How Elon Musk financed his $44bn Twitter takeover, SC 13D, Prince Alwaleed bin Talal, SEC form 4 Elon, SEC filing AMENDMENT NO. 12 to  SCHEDULE 13D, Banks prepare to hold $12.7bn Twitter debt on books until early 2023, U.S. exploring whether it has authority to review Musk’s Twitter deal - The Washington Post, Tesla latest 10-Q, Eastman 9th cir brief, Liz Dye Trump coverage

Just wanted to clarify right off the bat in case the very sight of Seidel's name on our feed might send you into a panic that some fresh church/state separation obliterating hell was dealt to us by the court. That hasn't happened at LEAST in the last few days. No, Andrew Seidel joins us to talk about his brilliant new book, American Crusade!

Sorry things are a bit hectic with me being in Manchester for QED. Here is the t3be featuring Andrew Seidel!

This wild story has been on my radar for a while, but now that there's a lawsuit involved, I've convinced Andrew to give us a breakdown! But Andrew doesn't just take us through the lawsuit. We go through the accusations, and what it might take to try to prove a low frequency event to a jury. Along the way, there's a poker cheating accusation scandal as well!

But who will investigate the investigators? John Durham, as it turns out. And what will he find? F*ck all. Trump tried to have his own Mueller Probe to get to the bottom of all the deep state corruption that must have led to the Russia Investigation only to find that there wasn't any of that. But the whole affair was a massive corruption of justice that has not been covered enough. Get the full OA breakdown! Links: Judiciary Committee Releases Transcripts of Interviews Conducted During Oversight of Crossfire Hurricane Investigation, REPORT SELECT COMMITTEE ON INTELLIGENCE, Mueller Report, 18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States, 52 U.S. Code § 30121 - Contributions and donations by foreign nationals, FISA Warrant Application for Carter Page, Durham probe: Trump team says Americans should be 'waiting for the next shoe to drop', Durham says Steele dossier source lied. But the FBI long valued him, Review of Four FISA Applications, Igor Danchenko Indictment

Big news! The smockingest of smocking guns was revealed by a judge who was so alarmed he had to share it with us! Get the full breakdown as to why this is final nail in the case against Trump. In the first segment, we talk about Republicans efforts to undermine student loan forgiveness. Since, you know, they can just be evil and someone that's ok and they're still going to win the midterms. Then a quick wildcard on Trump being subpoenaed by the Jan 6 committee. Links: Student Loan forgiveness, SC challenge on the shadow docket, Eastman phone, Eastman emails, 18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States, Trump subpoena, OLC memo, 2 U.S. Code § 192 - Refusal of witness to testify or produce papers

Today we bring you another SCOTUS deep dive involving campaign finance. Money is speech, and people with a crapload of money just deserve to speak way more than us pleebs and that's a great thing that has fantastic results in our political system and I for one welcome our monopoly man overlords.

YASSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS Alex Jones owes Sandy Hook victims' families... so much money. So, so much. But should we be worried that it will get appealed or reduced or some legal shenanigans will happen? Find out! Then, Andrew breaks down an interesting False Advertising case making waves. Should companies have to be honest about where their products are produced? Or is it ok to engage in a little puffery? Links: Alex Jones Case: How the Jury Divided Nearly $1 Billion in Damages, Peacock v Pabst

Make sure you listened to part 1, episode 636 before you proceed! It's part 2 of the long-awaited Citizens United deep-dive. In this one, we finally get to... Citizens United... Links: McConnell v. FEC, 540 U.S. 93 (2003), Citizens United, SCOTUS decision

I mean it isn't really ok that Clarence Thomas is on the Supreme Court, and he definitely should recuse himself from any of this (he won't), HOWEVER, there is no need to freak out about this particular thing. Andrew has the breakdown. Plus, Ken Paxton avoided a deposition... until he didn't. Because he's an idiot. And finally, is Elon Musk going to buy Twitter? And therefore was Andrew wrong? Well.... no. Links: Fund Texas Choice v. Paxton, DOJ motion 11th circuit, Trump opposition, Trump asks SC for stay, why Justice Thomas has the decision, Elon Musk letter, Trump v CNN, The Onion's Amicus Brief

Look it seems impossible, but someone Andrew insists that we've never done a deep-dive on Citizens United! It's obviously one of the worst decisions in Supreme Court history, but do you know the details of just HOW terrible it was? Listener Thomas S. certainly didn't. So listen in and be dumbfounded at how tf we got here. Links: Wealth Inequality in the U.S. by Household Type, Has Wealth Inequality in America Changed over Time, Trends in U.S. income and wealth inequality, Unequal gains: American growth and inequality since 1700, founding fathers wealth inequality, United States v. Int’l Union United Automobile, Aircraft & Agricultural Implement Workers of America (UAW-CIO), 352 U.S. 567 (1957)

You can't quite call it f around and find out, since Judge Cannon has bent over backwards and around and through the 4th dimension and back in time for Trump. But Trump got his hand picked Special Master and quickly found out... he's just a Reagan Republican. Not a Qanon shaman. Trump has been caught it 11 different traps. OR WOULD HAVE BEEN except for the absolutely Cannon ball that dropped right after we recorded. Links: Lunn v. Commonwealth (2017), Arizona v. U.S., 567 U.S. 387 (2012), 18 U.S. Code Chapter 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS, “A-M-P” Model, Justice Manual, the appointment order, order following partial stay, case management order, motion to stay, revised filing, Trump opposition to Dearie’s CMO, Rule 53. Masters, 18 U.S. Code § 793 - Gathering, transmitting or losing defense information, DOJ;s reply, Trump opposition to extension of time

Some transphobic and racist a$$holes stole a DnD-like game from Wizards of the Coast and tried to use it for their own racist transphobic purposes with a really stupid "one weird trick." They got busted and dueling lawsuits followed. Andrew has the breakdown! Links: complaint against wizards, answer and counterclaim, TSR Online Store, Wizards of the Coast files lawsuit against TSR LLC, Schuh affidavit, Rainwater affidavit

No doubt you've heard the huge news – Adnan Syed has been released. So what happened? Is there really new evidence? New suspects? Does this mean he didn't actually kill Hae? Find out! Then, big news in the Nara-Lago case! We recorded a breakdown before the 11th Circuit granted DoJ's appeal, and then Andrew was able to record a follow up after! So, tons of stuff in today's show! Links: Other Postconviction Review, OA107: Adnan Syed Obviously Did It, State v. Syed 2019, Motion to vacate, DOJ Trump reply

Despicable a**hole Alex Jones is getting properly destroyed in court once again. You might be thinking, what is it Groundhog Day? But no, this is not the Texas trial in which he got suitably destroyed. This is yet another trial over his disgusting lies about Sandy Hook. This one is being tried in Connecticut, which you may recognize as the state where Sandy Hook happened. If you thought his lawyers botched the last one, wait until you hear some clips from this one! Presented brilliantly by Ace Associate Morgan Stringer!

Listen as local attorney P. Andrew Torrez attempts to beat the Guinness World Record for most bullet points covered in an OA episode! From candid golf shots, to mystery DC tarmac photos, to subpoenas and sh*t rulings by a sh*t judge, this week brings 8 Trump Treason items to update you on! And of course, plenty mini-dives on the way! Links: NY Attorney General May Sue Trump, Eastman Emails, Mark Meadows complied with DOJ subpoena, Save America PAC FEC disclosure, About – Conservative Partnership Institute, Trump Makes Conveniently Timed Donation To Mark Meadows's Employer, Reinhart Mar-a-Lago less redacted affidavit, DOJ reply in support of relief

Reason number a billion why we need to prevent right wing Christian Nationalists from ever having any power at all in this country – Braidwood Management, Inc. v. Becerra. Under Republican rule, if I have a 'sincerely held belief' that bats are birds, no one is allowed to question that or tell me I'm wrong, and I can refuse to pay for any healthcare I want if I can link it to my stupid belief. Listen as Andrew breaks down this horrible f*cking decision. Also, we some more updates on the DoJ's appeal to the 11th circuit. Links: Appeal to 11th Cir docketed, DOJ motion for stay pending appeal, Judge Cannon ordered Trump response, Trump Cannon media brief, Special master joint brief, 42 U.S. Code § 300gg - Fair health insurance premiums

The napkin with crayon scribbling on it that Trump's lawyers submitted was somehow... granted? by Judge Cannon, whom we now know to be a complete MAGA hack. This ruling was such an embarrassment to the rule of law that even Republican judges will recognize it. So what comes next? What will an appeal look like? Also Andrew covers the brilliant strategy undertaken by DoJ lawyers that will give them an advantage in this next step. Before that, more on the Alaska ranked choice election, and can states charge income tax on student loan forgiveness? Links: Kel McClanahan article, 28 U.S. Code § 1292 - Interlocutory decisions, Hoosiers will be taxed hundreds of dollars on student loan forgiveness, AMERICAN RESCUE PLAN ACT OF 2021, 26 U.S. Code § 108 - Income from discharge of indebtedness, 42 U.S. Code § 300gg - Fair health insurance premiums

It's a situation as confusing as it is incredible – Sarah Palin, who won an open primary for the AK House Seat, has LOST. The Democrat, Mary Peltola, despite coming in LAST in the primary, has WON! How did this happen? Ranked choice voting! But is that good? Does this make sense? Imagine if this were the Democratic equivalent, would we be happy? Or would it not happen? Then, Better Call Saul is being sued by a tax company that is virtually identical to the dirtbag one portrayed in the show. Is the lawsuit credible? Links: Alaska's Better Elections Initiative, Al Gross for Congress, JTH Tax, LLC d/b/a Liberty Tax Service v. AMC Networks

The terrorist attacks on September 11th, 2001, took a large toll on America’s sense of security. In the dawn of this new era, Congress moved to take swift action by creating the Patriot Act. The stated goal was to identify and strike back against terrorists, but in practice, the law had much wider-reaching effects. But everything changed in 2013 when an intelligence contractor named Edward Snowden decided to expose the truth, leaking more classified documents than any whistleblower in American history. This four-part series from American Scandal follows Edward Snowden’s transformation, from a respected intelligence officer, to the most wanted whistleblower in the world.    This is just a preview of Edward Snowden from American Scandal, but you can listen to the rest of this episode at wondery.fm/AS_OpeningArguments

The more we learn, the worse it gets for Trump. It's almost like he's a pathological narcissist without any regard for laws. Today Andrew breaks down two ways to convict Trump, using two different provisions of the law. Links: motion opposing special master, DOJ exhibits, United States v. Gonzalez, 18 U.S. Code § 793 - Gathering, transmitting or losing defense information, Proving Intent at Mar-a-Lago, The Trump Warrant Had No Legal Basis - WSJ, 44 U.S. Code § 2201, 44 U.S. Code § 2202 - Ownership of Presidential records, 44 U.S. Code § 2203 - Management and custody of Presidential records, 44 U.S. Code § 2205 - Exceptions to restricted access, 44 U.S. Code § 2204 - Restrictions on access to Presidential records

For real, things are not going well for Trump. We get that he's Teflon Don, but even those teflon pans get messed up if you scratch them with a knife or if they steal a bunch of top secret documents. Listen and enjoy as Andrew details the many ways Trump is having a very bad law thingy. Links: Response to Media Queries About Presidential Records, Redacted warrant affidavit, Trump's terrible motion, Cover sheet, rule 41g, Judge Slapdown, trump response, "Anomalous" Federal Jurisdiction, Rule 65. Injunctions and Restraining Orders, letter from archives, Navarro reply brief

Biden not only kept his campaign promise, but expanded on it! Andrew breaks down the history of the student loan debt problem and what Biden's plan is. It's good news!

Perhaps we can have good things? Andrew breaks down Williams v. Kincaid, a 4th Circuit case that actually sets a positive precedent for trans rights! After that, we interview Jalessah Jackson, Executive Director of ARC Southeast - one of the abortion funds that OA listeners raised an incredible amount of money for! Links: 42 U.S. Code Chapter 126 ADA, 42 U.S. Code § 12211 - Definitions exception

There's still SO much to talk about in the Mar-a-Lago Treason Trove! Lots of updates on that, plus the Weiselberg plea, Trump passports, and more! We also squeeze in a wildcard on Alex Jones's loser lawyers. Links: The Atlantic article that is wrong, 42 U.S. Code § 2274 - Communication of Restricted Data, Jonathan Toebbe case, 10 CFR Part 1045 -- Nuclear Classification and Declassification, Classification of Nuclear Weapons-Related Information, Dep’t of the Navy v. Egan, Trump’s passports returned, Norm Pattis Sanctions order, Reynal order, Pattis "moved to dismiss", Alex-Jones-Kyng-S.-Lee-Affidavit

The unfortunate answer is... yes. BUT. There may be a one weird trick that actually could sidestep this! Listen in for the breakdown and why there is a sliver of hope on this really terrible nonsense. After that, we talk about our Matthew Hoh interview and the response we have gotten. Links: Texas bill, More TX statutes, Texas Constitution, Hanna v. Sweeney, 78 Conn. 492,  NCSBE certified GP as a political party, new Demw lawsuit

So much breaking news, we did an extra episode for you!

If you're anything like me, you've been waiting for the Andrew breakdown of the FBI warrant service on Mar-a-Lago. Well, here it is, PLUS breaking news while we were recording! We didn't yet have the info that it might be nuclear documents, which makes everything Andrew said EVEN MORE right. Links: 18 U.S. Code § 3109, 18 U.S. Code § 3103a - Additional grounds for issuing warrant, List of attorneys who tried to steal your 2020 vote, What were FBI agents looking for in Trump's Mar-a-Lago? : NPR, Dep’t of the Navy v. Egan, 484 U.S. 518 (1988), Basic Laws and Authorities | National Archives, The FBI Just Raided Trump’s Mar-a-Lago Home, Justice Dept. using grand jury to probe Trump's Mar-a-Lago documents, National Archives had to retrieve Trump White House records from Mar-a-Lago, 44 U.S. Code Chapter 22 - PRESIDENTIAL RECORDS, 44 U.S. Code § 2202, 18 U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material, 18 U.S. Code § 793 - Gathering, transmitting or losing defense information, “Lock Her Up” | Law Offices of P. Andrew Torrez, 18 U.S. Code § 2071 - Concealment, removal, or mutilation generally, Jan. 6 committee tees up 20 witness transcripts for DOJ Seth Barrett Tillman, ‘Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications,’ 5(1) British Journal of American Legal Studies 95 (2016) (peer review) Seth Barrett Tillman, ‘Secretary Clinton Can Relax Because Section 2071 Disqualification Does Not Apply to the Presidency: A Response to Attorney General Michael B. Mukasey and Cause of Action (with a Short Reply from Attorney General Mukasey)’ (2015)

Listeners will know we have been incredibly hostile to the idea of voting for or running as a third party candidate. Despite that, Matthew Hoh, Green Party candidate for Senate in NC, accepted Andrew's invitation to come on the show. So why is he running? Can we convince him it's a bad idea? Listen and find out!

This is... wow. Just wow. Jones's lawyers accidentally handed over his entire cell phone and didn't remedy it when they could have. Just staggering. Get Andrew's full breakdown of this glorious happening. Also, GOOD NEWS FROM KANSAS! The people of Kansas did a good thing. And Pat Cipollone was subpoenaed by the Justice Dept! All in all just a really good news episode. Links: Hodes & Nauser v. Schmidt, House Concurrent Resolution No. 5003, Justice Dept. Subpoenas Pat Cipollone, Justice Dept. Asking Witnesses About Trump, U.S. v. Nixon, Cassidy Hutchinson kept working for Donald Trump for 9 weeks, Jones video, Strickland v. Washington, 466 U.S. 668 (1984)

In today's doom coverage, Andrew breaks down Moore v. Harper and how it is completely outrageous that the Supreme Court granted cert. It's bad. It's real bad. But guess what! It's also worse. In the first segment, we talk about the likelihood that the Secret Service texts were lost accidentally. Lots of tech people contacted us about prior coverage. Links: Cert petition, Amicus by the national Republican redistricting trust, Bush v Gore, McPherson v Blacker, Smiley v Holm, opposition brief

There was a truly amazing moment in the Alex Jones trial that we can't wait to share with you. And, it's a chance for some law talkin'! Jones' lawyers are completely inept and we should all enjoy nice things. Then, Andrew takes us through an interesting election situation in North Carolina involving the Green Party. Guess what, they still suck and are helping Republicans win! So much so that Republicans are literally fighting legal battles for Green Party candidates. Links: Rule 801, Strickland v. Washington, Matthew Hoh, NC § 163-122, NC Stat. § 163.96:  create a new party, Candidates - North Carolina Green Party, Docs from state board meeting on Green Party, Matthew Hoh tweet, Republicans financed Montana Green Party

The 8th and final(???) Jan 6. Hearing happened in prime time on Thursday. We saved our Monday deep dive for it! As usual, Andrew breaks it down with clips! Also, Bannon found guilty! and Jeff Clark hit with disciplinary hearings! What a great day! Links: 2 U.S. Code § 192 - Refusal of witness to testify or produce papers. Jeff Clarke proceedings, Opening Arguments live tweet thread, 18 U.S. Code § 371 - Conspiracy to commit offense, 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant, Hearing video

You may remember the ripoff scam that is Christian Health Share Ministries from such episodes as OA497: Christian Health Sharing Is a Scam and OA530: Andrew Testifies to Congress on Christian Healthshare Ministries! Well, as a direct result of Andrew's House testimony, Rep. Jared Huffman has sponsored and introduced a new bill to fight back against this scam! It's H.R.8324 - Health Share Transparency Act of 2022. Rep. Huffman is also a co-founder of the Congressional Freethought Caucus! He joins us today to explain the bill. Before that, I grill Andrew on the Secret Service deleted texts, with such questions as "what the f?" and "how the h?" There's a lot we can't know yet, but Andrew explains what we do know. Finally, we go through the first gun control legislation passed in two decades. It's good!

If you or anyone you know is President Biden, please dear god listen to this episode and then get the word out. The FEC has been broken and corrupted by Trump appointees. Biden could have easily done something about it from day 1 of his administration and he just... hasn't. Listen to the full story and see example #9,576 of why Trump and Republicans can never be trusted in office. In the first segment, we get a big update on the Musk Twitter deal. Andrew nailed another one! Links: 52 US Code § 30106 - FEC, 52 US Code § 30107 - Powers of Commission, 52 US Code § 30108 - Advisory opinions, 52 US Code § 30104 - Reporting requirements, Hillary campaign FEC, FEC ruling, conciliation

We haven't gotten a chance to pat Andrew on the back enough for nailing the Cipollone prediction, so let's do so! Tuesday was the first hearing since that bombshell news, and it featured a little bit of Cipollone testimony, but also teased much more to come. Andrew takes us through the hearing, with some clips. And, he has another prediction! Given his track record, we'd better take note! Links: Meadows docs, Cleta Mitchell docs

In the wake of the Dobbs decision, Andrew gave a brilliant talk to the Houston Oasis group on how we got here and what we can do. Note in the QnA section, the questions were not recorded, sorry. They are reasonably easy to figure out with context clues though! Check out his slides here. 

Today's episode pays off a bet Andrew made last month that the January 6 Committee would eventually secure the testimony of White House Counsel Pat Cipollone. Find out why that's such a big deal! In addition to explaining how the J6 Committee came to secure Pets of Belonging's testimony, Andrew answers your questions regarding whether this is some kind of elaborate con (No), how Cipollone's answers are likely to interact with executive and attorney-client privilege (frequently), and the likelihood that he will help round out the successful case for prosecuting Donald Trump for crimes in connection with the 1/6 Insurrection (EXTREMELY!). It's a big deal! After the main breakdown, we share a thoughtful and informative letter from a listener who helps put the Supreme Court's recent (atrocious) decision in Carson v. Makin (that we broke down in Episode 608) permitting direct government aid to expressly religious schools into a fuller context. It's an Andrew Was Wrong (About Rural Maine) and an important object lesson that you can never trust the fact section in a SCOTUS case involving religion these days. Links: The brilliant and hilarious Merrill Markoe captured the live-captioning of Pat Cipollone's name as Patsy Baloney (and others) on Twitter. For the background for the crime-fraud exception, check out Rule 1.2 and Rule 1.6 of the Model Rules of Professional Conduct. You can check out the Senate Judiciary testimony of Jeff Rosen as well as Richard Donohue for all sorts of new goodies, some of which we covered on the show! Click here to read the Supreme Court's opinion in Carson v. Makin., which we previously broke down in Episode 608 with Andrew Seidel. Finally, secret link! CLICK HERE to read the Kurt Olsen draft complaint for the DOJ, which we discovered in all its madness after the end of the record. Remember you can still donate to the Opening Arguments Foundation at OAfund.org!

As Andrew flagged for us before any other sources (that I saw), Elon Musk's deal to buy Twitter was never a guarantee. Well, now it's moved from not a guarantee to very unlikely. Today, we look at what happened. Also, there are two interesting possibilities being debated online. For one, that he'll be able to get out of it because of the "bots," and on the other side, that he may be forced to buy Twitter by a judge. Are either of these possible or even likely? Find out! In the first segment, we talk about our amazingly successful fundraiser ($160,000+ raised!) and what's going on in Texas right now. hint: it's not good. Links: Interactive Map: US Abortion Policies and Access After Roe, 1925 Texas abortion law, ACLU TRO, Ken Paxton Writ of Mandamus, TX supreme court says no, Twitter agreement 4/22, Twitter 10-Q 3/31/22, Musk SEC letter, IN RE IBP INC. v. TYSON FOODS INC

Wow. What a hearing! BUT FIRST!!! We have an incredibly exciting announcement which we spend the first 11 minutes talking about! Feel free to skip it if you would like to be dead to us, it's completely up to you. But we worked our butts off to get you this episode an entire day early to give you a little more heads up that you need to... Join us Friday for the Aiding and Abetting Abortion fundraiser, presented by our friends, Cognitive Dissonance! The event starts at 5pm Pacific/8pm Eastern, but our time slot is 6:30! Here's the link to sit there and wait for it to start streaming! To donate, head to OAfund.org! And after all that, we still have an amazing breakdown of the hearing, and lordy there are tapes!

The hits just keep on coming with this disgraceful, illegitimate Supreme Court. Andrew Seidel joins us to break down Carson v. Makin, and explains why precedent is meaningless, and the only thing that matters to this court when it comes to Church/State cases is: Christians win. Then, Ace Associate Morgan Stringer joins us to explain why the entire internet is wrong about Biden "banning Juuls and cigarettes."

If you watched Tuesday's hearing, you saw the heartbreaking story of how these two amazing women were viciously slandered by Rudy Giuliani and other members of the big lie insurrectionists. Their lives were absolutely turned upside down by complete racist fabrications. Do they have recourse? What will happen? Then, Andrew breaks down the complete breakdown of the legal fabric of our society. Say goodbye to any meaningful sense in which you have the right to remain silent! The Supreme Court has gutted Miranda rights, because why the f not, apparently. Oh but they make up for it by eroding states' ability to restrict open carry of guns. So that's cool. Links: environmental lawyer quote, Freeman and Moss v Giuliani, Giuliani idiot motion to dismiss, Maryland Code, Public Safety § 5-306, Vega v. Tekoh, 42 US Code § 1983 - Civil action for deprivation of rights

You may have recently seen people posting about a disturbing Supreme Court decision (what else is new) with images of how much of the US is within 100 miles of a border, and how federal agents can basically get away with anything in most of the country. What was that about? Was it overblown? Welp. Attorney Matt Cameron is here to tell us no, actually. It was underblown, if anything. Not blown enough. Listen for the full breakdown, including classic Bivens. Before that, Andrew does a quick refresher on pocket pardons and why they... are not a thing.

Today is two entire show's worth of things somehow crammed into one! First, Jan 6 hearing #3 is in the books. Some amazing bombshells! Also, I grill Andrew on intent and how it could possibly be that we have to prove what Trump had going on in his dumb brain. It's an extended cross examination but hopefully it will provide more understanding! THEN, you've likely seen the headlines: GEICO has to pay $5.2m for car sex? Really? Well, we might have another McDonald's coffee lawsuit on our hands! Get the break down! Links: Geico ordered to pay $5.2 million for STD in a car, RMCo 537.065, GEICO opinion

Surprise! An early episode for everyone! Here's why: the first Jan 6 hearing is in the books. The next one is Monday AM. Listen for Andrew's breakdown of hearing 1, and what to look for in hearing 2!

Given that the Jan 6 hearing is AFTER we record, we're doing a little switcheroo! Today is a Tuesday-esque deep dive! What's with this California court ruling that bees are fish? Is Elon Musk right to mock it? Find out all about it and how it relates to when Reagan designated ketchup as a vegetable! Links: Reagan cuts eat into school lunches - CSMonitor.com, 46 CFR 44452, California Endangered Species Act, § 2070, State and Federally Listed Endangered and Threatened Animals of California, Forestry Ass’n v. Fish & Game Commission

About a week ago, there was yet another smoking gun document trove delivered to us by the Jan. 6 Committee in relation to the Eastman trial. Andrew gives us the full breakdown, including a couple new insurrectionist characters we haven't yet been introduced to. All of this, plus the first primetime Jan 6. Committee hearing is this Thursday! Listen and be primed for what's coming.

The way you know the Supreme Court is ruining the law in this country is if their lips are moving. Well, this time they've decided that a 10 year old precedent is already too old for them, and that if you were given a terrible lawyer by the state, you should have thought of that before you decided to be poor. Shinn v. Ramirez Also, check out Thomas's new podcast Dear Old Dads, with Eli Bosnick and Tom Curry!

In the wake of the pathetic police response to the Uvalde shooting, you have likely come across posts and memes talking about how police don't actually have any obligation to protect you or really do anything. Is this true or is it overblown internet leftist hyperbole? Well, it's true, and it's infuriating. Andrew breaks down the case in question. THEN! A special episode 600 celebration!!! We asked our patrons what terms/phrases/references/inside jokes they wanted us to explain, and we've got a fun list of 20! It's a fun stroll down memory lane as we talk the oranges of motions in lemonade, clownhorning, Konrad Michaels, and more! Links: Castle Rock v. Gonzales, 545 U.S. 748 (2005)

Another horrific mass shooting has us all asking WTF can we actually do about this? There is plenty of reason for pessimism, but Opening Arguments is here to break down what might realistically be done. This is part 1, focusing on why gun companies are immune from civil actions and what we should do about that. Part 2 will be about the police response. In the first segment, we give an update on Elon Musk. There was a filing that went virtually unnoticed but sheds more light on the Twitter situation. Links: Musk SEC filing, letter to himself, 15 US Code § 7902, Definition: qualified civil liability action from 15 USC § 7903, Database Amasses Details of a Half Century of US Mass Shootings

Some folks on the internet have been trying to "one weird trick" our way to saving Roe by claiming that tribal sovereignty could help ensure abortion access. Well, not only is this wrong, it's offensively wrong. OA brings you the deep-dive on Indian Law (yes, that's what it's called...) with a refresher on McGirt v. Oklahoma, and why none of that equals an instant abortion rights fix. After that, a wildcard question – now that Roe is being overturned, does that mean justices committed perjury in their confirmation hearings? Links: McGirt v. Oklahoma, 18 US Code § 1153 - Offenses committed within Indian country, The Hyde Amendment, Indigenous Women's Reproductive Rights: The Indian Health Service and Its Inconsistent Application of the Hyde Amendment

The 5th Circuit has never been in the top 10 circuits in terms of not being insane, but now it has gone even more off the rails. Andrew takes us through the deep dive on a terrible decision that will decimate the SEC's ability to do anything, and why the logic will be applied elsewhere. Before that, a quick update on how much Elon Musk sucks and has completely blown it with the Twitter deal. And a quick word on primaries. Links: Twitter says it will 'enforce' Elon Musk's $44 billion acquisition deal, 28Patriot” v. SEC, 15 US Code § 78u–2 - Civil remedies in administrative proceedings, Jellum & Tincher, “The Shadow of Free Enterprise”, Are the SEC's Administrative Law Judges Biased? An Empirical Investigation, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S.Ct. 1365 (2018), Summary of Administrative Law Judge Responsibilities

By popular demand, we old out of touch guys have invited Ace Associate and Poplaw Expert Morgan Stringer on to explain to us just what in the h is happening in the Depp v. Heard lawsuit. Who is suing whom and for what? Can we take what we're seeing on TikTok at face value? Also who is Amber Heard? All these answers and more(gan)!

According to a lawsuit filed by some shareholders, Twitter may have failed to disclose important information about the Musk deal, and it might be Musk's doing! Get the full breakdown on this very interesting lawsuit that isn't getting much coverage elsewhere! Also, a Connecticut Bill paves the way for how other states might fight against abortion restrictions. Something to fight for in your state! Also, why Andrew is definitely right about Clarence Thomas. Links: Code of Conduct for US Judges, 2011 Year-End Report on the Federal Judiciary, WHPA fails, CT bill, Orlando Police Pension Fund v Twitter, 8 Del. Code § 203, disclosure in merger agreement

It's a breakdown I've been begging Andrew to do for months and it's finally here! The case for why the House should start impeachment proceedings for Clarence Thomas. Links: Ginni's texts, Trump v. Thompson, Ginni apologized to clerks, Justice Samuel Chase - Impeachment, How Ginni Thomas jockeyed for influence in Trump's orbit

It is absurd to say "point to where in the Constitution it says you have a right to an abortion." Legally speaking, there's something a lot deeper and more basic going on. As we all already know, this leaked decision makes a mockery of the law. Andrew has some further deep-diving for us on how the court, a mere 20 years ago, ruled in the opposite direction on similar legal questions. Many of the same Justices were a part of that ruling. Listen and learn! Links: Court press release, Draft Dobbs opinion, Abortion Policy in the Absence of Roe | Guttmacher Institute, Hodes & Nauser v. Schmidt, 87(R) SB 8, Arkansas SB 149 (2019), Lawrence v. Texas, Bowers v. Hardwick, 478 U.S. 186 (1986), Carey v. Population Services Int'l, 431 U. S. 678 (1977)

Just stunning. Despite OA warning you about this for years, it still is, and should be, utterly shocking to see in print. Andrew has somehow already read the opinion and has a preliminary breakdown. This is an emergency, unfiltered, unedited, uncensored episode.

Andrew Seidel joins us to commiserate over both how much the Supreme Court is butchering State-Church Separation, and also how irresponsibly The Daily podcast covered the case involved. The NYT decided to devote an entire episode to a man who a Bush-appointed federal judge called out for being dishonest in his presentation of facts. Please yell at them with us, because this is garbage and we should expect better.

We continue the fascinating deep-dive into the NOT FINAL deal for Musk to buy Twitter. This part goes more into the financing and highlights even more ways the deal might not go through. Then, we've got some updates in key stories! Trump has been held in contempt! And briefs for the MTG case are due today. Links: Musk Loses $32 Billion in Tesla Wealth, proxy statement (shareholders vote), TrumpContemptOrder4_26_22

The answer may surprise you! When it was announced that Elon Musk bought Twitter, I had a billion and one questions for Andrew about it. Andrew being Andrew, he commenced deep-diving and turned up a ton of interesting info about this deal and the legality around deals like this. And to his surprise... it's FAR from a done deal! Listen in for the dive so deep that it actually will require a surprise bonus episode! This is part 1, part 2 will be out as soon as thomasly possible to edit and release it! Links: Surely We Can Do Better Than Elon Musk, Elon, you have no idea what the hell you're talking about, 15 US Code Chapter 2B - SECURITIES EXCHANGES, 17 CFR Part 240, 17 CFR § 243.100 - General rule regarding selective disclosure, 17 CFR § 243.101 - Definitions, Form 8-K, 17 CFR § 240.10b-5 - Employment of manipulative and deceptive devices, Basic, Inc. v. Levinson, 485 U.S. 224 (1988), Twitter's 8k, material agreement with Musk

Past OA guest Sarah Henry is running for the Florida House in the 38th district! We talk about the absolute hell that is Florida Republicans, and what she intends to do about it. Then, a breakdown of the civil contempt motion against Donald Trump for never complying with anything. Will he get those Alex Jones type contempt fines? Find out! Links: Make sure to support Sarah! Trump contempt motion, SECOND SUPPLEMENTAL VERIFIED PETITION, AG James Files Motion to Hold Donald J. Trump in Contempt

As you've no doubt already heard, a totally unqualified, Trump appointed, 34 year old Florida Judge has completely destroyed the national travel mask mandate with the stroke of a pen. Andrew breaks down how dumb the opinion is, and Thomas laments that Democratic leaders are somehow still pretending we live in a society. After that, we've got a deep-dive into bankruptcy, inspired by both Alex Jones and the Health Care Sharing Ministry Sharity. Sharity declared bankruptcy leaving 10,000 members holding the bag for $50 million in unpaid bills. Who could have possibly predicted this except oh yeah see OA497: Christian Health Sharing Is a Scam. Links: 86 Fed Reg 8025, The Opinion, 42 US Code § 264, Kathryn Kimball Mizelle, Sharity Leaves 10K Families with Millions in unpaid bills, Infowars Bankruptcy Petition, Infowars form 202, Jones thinks he set up a trust, 28 US Code § 1334 - Bankruptcy cases and proceedings, 28 US Code § 1452 - Removal of claims related to bankruptcy cases, CT bankruptcy removal, Sharity Plan, Objection, Summary

In these troubled times, we cling tightly to the small amounts of good news we get. One source of good news who keeps on giving is Alex Jones. He is so unambiguously screwed that it’s our pleasure to cover the screwage in even more depth today. This time, it’s about a few new cases against him, as well as his obviously illegal plan to try to hide his assets from the plaintiffs who absolutely deserve his money more than he does. Before that, we have some very significant news on the Jan. 6th front — very proud boy Charles Donohoe seems to be cooperating and his “reduced” sentence is still satisfyingly high. Listen for the details! Links: Donohoe plea agreement, level 27 70-87 months, statement of offense, default judgment against Jones 11/15/21, response to motion to recover the $75k, motion for extension of time, new TX fraud case, Texas Uniform Fraudulent Transfer Act, Heslin v Alex Jones

It's a question a lot of you posed after Texas banned abortion by completely cheating the Constitution: what if a liberal state did the same thing but for gun control? Well, CA has done exactly that. Hear the breakdown and Andrew prediction for what will happen to this bill. After that, we've got really bad news. Remember how Democrats had almost forced a level playing field nationally by gerrymandering aggressively in Maryland and New York? Well, some fair minded judges just undid that. Links: 36 QAnon candidates, QAnon supporters running for Congress, How QAnon Became Obsessed With 'Adrenochrome,', MD Redistricting injunction, revised map approved, NY order stayed in the 4th appellate division

Frequent OA guest, Professor Randall Eliason recently wrote an article for the Washington Post called "Forget what you heard. The DOJ's Jan. 6 probe is moving at a good pace." So, we thought we'd have him on the show for a conversation around just that. Is justice for Jan 6 taking too long? Are prosecutors being "chicken shits?" Will Trump get away with everything?

Amazon workers in Staten Island overcame extensive union busting efforts and won a vote to unionize! This is great news, and we can only hope it has a snowball effect. Listen as Andrew breaks down the journey, the conditions that led to the effort and the disgusting lengths Amazon went to to punish the employees who started organizing. In the A segment, we get a delightful little Alex Jones update. He finally showed up for a deposition! Links: Docket, Jones moves to purge contempt, small wrinkle, NLRB order on bogus Amazon election, Smalls fired, Exhibit 13, Amazon racist comments, 29 US Code § 157 - Right of employees as to organization, 29 US Code § 158 - Unfair labor practices

The devastating consequences of Texas HB 8 and the Supreme Court's cowardly shadow docket ruling on it are reverberating not just through Texas, but around the country. Not to be outdone, Republicans in Idaho produced a copycat bill. Andrew gives the breakdown and we discuss some truly shocking NPR coverage of how Republicans are ruining lives. But it's not all bad news! In the B segment, Andrew takes us through the Equality Florida Lawsuit, a well-argued lawsuit attempting to fight back against the Don't Say Gay Bill. Also, we're not bothering to cover Trump's idiotic flop of a lawsuit against Hillary. Links: Hazelwood School Dist. v. Kuhlmeier, US v. Alvarez

The court has nothing BUT contempt for Alex Jones. Like, half a million dollars worth of contempt. He has dodged depositions for an eternity and Thomas's new favorite judge ever has had enough of it. Get the breakdown! Links: docket, Knowledge Fight 649, Ex A and B, motion for contempt, offer of compromise, conn. gen. stat. 52-193, plaintiffs rejected, oral argument on contempt motion, court grants, motion to reconsider, court denies THAT EVENING, motion for emergency stay, appeal to cr supreme court, Puff v. Puff, eastman not appealing

If you're a regular listener you've heard us break down the ongoing weirdness between DFEH and EEOC over the Activision-Blizzard misconduct. It's been... unprofessional, and bad for basically everyone involved. Unfortunately, it looks like the pitifully inadequate settlement that EEOC negotiated with Activision-Blizzard is going to go through. Get the details, and what if anything can still be done about it. Before that, Andrew gives us an update on Eastment. He's still slow walking the documents, but now wants early discovery? What? Get the breakdown! Links: Eastman motion for early discovery, Chapman opposition, Eastman reply brief, DFEH motion to intervene denied 12/20/21, 1/4/22 amended decree substantively the same, 1/18 DFEH objections, 3/4 employee moves to intervene, attachment C to amended decree, 3/22 motion to intervene denied, 3/22 order on PACD

Will Smith slapped Chris Rock onstage at the Oscars. On live television. It's less than a day old and yet you've likely already been inundated with hot takes about it. BUT, we offer you zero more annoying hot takes. This podcast takes you through the actual legal implications, both criminal and civil, of an event like this. Chris Rock might not be "pressing charges," but does that matter? If he sued civilly, what would happen? Find out the actual, researched answers to these questions in a free bonus pod, just because we love you!

Our main segment today is a breakdown of Google's massive scheme to keep tons of documents privileged inappropriately. It's a fun deep-dive full of bad documents! Before that, we quickly go over the disgusting attempts to discredit KBJ by Senate Republicans. And, believe it or not, a GOOD NEWS segment about Lia Thomas! Links: Hawley Refutation, Trump v Clinton, Utah HB 11, Indiana HEA 1041, Google antitrust complaint, google status report, Google's Communicate with Care, Google response

After accidentally suing themselves and then re-filing, some anti-vaxers then went on to file a complaint that, I can't believe I'm saying this, is actually something we need to take seriously. It may be the new blueprint for anti-vax grift and we need to call it out. Andrew has the full breakdown! Links: complaint, Jefferson W. Gross, Davillier Law Group, LLC, 86 FR 61555, background to Biden v. Missouri / OSHA, Biden v. Missouri, Vaccine: Mandate for Health Care Settings (deadlines vary by state), Great Barrington Declaration

It's a CNN headline that the MAGA Media is jumping all over. Is this a vast conspiracy to persecute the "political prisoners" of 1/6? Or... is it a normal thing? Get the breakdown. ALSO - man buys Tom Brady's "final" touchdown ball for $518k. Brady unretires THE NEXT DAY. Does the man have any legal recourse against anyone? And finally, an update on John Eastman's never ending quest to not turn over his insurrectiony documents. Links: Brady auction, All About Bidding with Lelands, Prosecutors admit they violated a Capitol rioter's rights CNN, actual filing, govt response to motion to release, United States v. McLendon

It's time to cover these disgusting 'Don't Say Gay' Bills. There's some small good news, though. None of them are actually law YET. Find out what they are about, and which ones will and won't likely become laws. Then, Andrew breaks down how one Republican sought to show how elections are fraudulent by... committing an absurd amount of election fraud. Then, because we've earned it, a nice uplifting wildcard segment! Links: Florida don't say gay bill, GA SB 613, Idaho HB 675, Missouri HB 1677, Peters Indictment, FL goon squad bill, Sidney Powell bar complaint, p 37 of Dominion's defamation lawsuit, Exhibit 6

Last week, you heard us play a few clips of John Eastman lying his ass off on Lawrence Lessig's Another Way podcast. Well, now Professor Lessig is here to give us an expert breakdown of some of the election law issues raised by team big lie. Also, how is our election system vulnerable to the next Republican attack in 2024? Links: Friday eastman pleadings, court response, Opening Arguments on Twitter live tweet thread, Ruling, 1/6 brief, Eastman memo, 3 US Code § 15 - Counting electoral votes in Congress, Longer Eastman memo, Eastman reply

The owners refuse to play ball and the starting date for the MLB season continues to slide. Did the players throw a big curveball into the mix? Are their demands out of left field? Not really! The ballpark figures from both sides are actually very close but the owners are playing hardball. The episode on deck may be a little inside baseball, but if you listen in I think you'll agree it's a homerun! Before all the baseball puns, we have an update on the Texas war against trans people and the war on Ukraine. Links: abbott letter, ACLU lawsuit, Ukraine ICJ, Vasani quits Ivanyan in wake of Russian invasion

Andrew spotted a massive, smokiest of smoking guns in a brief filed by the 1/6 Committee! This is HUGE NEWS. It is the first sign we've yet had that Trump is facing ACTUAL criminal charges! This bombshell wiped the whiteboard clean and today's episode is entirely devoted to Andrew's expert breakdown. Don't miss it! And please share! Links: Trump credits lawyer who said Kamala Harris, 55, a US citizen at birth, isn't eligible to be VP, 1/6 Committee Brief, Exhibits, 18 US Code § 1512 - Tampering with a witness, victim, or an informant, 18 US Code § 371 - Conspiracy to commit offense or to defraud United States, Eastman memo, 3 US Code § 15 - Counting electoral votes in Congress, PRIVILEGED AND CONFIDENTIAL January 6 scenario, Jacob''s depo, Exhibit K, Exhibit L, Exhibit M, Exhibit N, Timeline: How the Jan. 6 attack on the Capitol unfolded, Jeffrey Rosen's Dep, Richard Donoghue's dep

A note in the Harvard Law Review suggests we ought to "Remove presidential elections from the Anderson-Burdick Framework." So, just what does that mean and is it a good idea? Listen in as Andrew breaks it down! Also, we've got an update in the Madison Cawthorn situation, and more Kraken sanctions updates! Links: remedial election plan ruling, Special Masters plan, another kraken loss, Judge Parker ruling, 6th Circuit appeal, Removing Presidential Elections from the Anderson-Burdick Framework - Harvard Law Review

Emergency bonus episode! We promised a deep-dive on whoever Biden chose to replace Breyer, and here it is! Ketanji Brown Jackson is immensely accomplished. Listen as we break down what terrible arguments to expect Republicans to try against her appointment, and what some key rulings in her judicial history tell us about her jurisprudence! Links: DC cir questionnaire, Senate Written questions, Judiciary v. McGahn, Meat Inst. v. US. Dep 't of Agric, AFL-CIO v. Trump, In re Air Crash over S. Indian Ocean, 8 US Code § 1103, Make the Rd. NY v. McAleenan, Campaign for Accountability v. US. Dep 't of Just

What does the US's disgusting history of war crimes teach us about international law? We look at the story of how the US screwed over Nicaragua and what the UN did about it. Also, we break down Gov. Abbott's gross attack on trans people. It's despicable, but what will the real life consequences be? Find out. Before that, some good news and very bad news in the efforts to hold Trump accountable for his uncountable crimes. Links: SCOTUS Feb 22 order, Eastman reply, Prosecutors Leading Trump Fraud Investigation in NY Resign, Abbott letter, Paxton letter, UN Charter, Chapter XIV: The International Court of Justice, Statute of the International Court of Justice, Nicaragua v US 1986, ruling

If you don't understand the first part of the title, you're not alone! There was a delightful dust up between Wizards of the Coast and something called a DAO over Magic the Gathering. It turns out you're not just allowed to profit off of other people's IP? Cryto bros were very surprised to learn this. Andrew decodes it for us. Then, we finally get a thorough breakdown of what happened in the Palin v. NYT case. You may have heard it was dismissed, but it may not be over yet! It's a weird story with a lot of twists and turns. Links: Democratic DAO Suffers Coup, mtgodao white paper, Crypto Losers Buy Copy Of Jodorowsky's Dune, Play Themselves, mtgodao twitter, 17 US Code § 106 - Exclusive rights in copyrighted works, Opinion | America's Lethal Politics, Sarah Palin Jurors Said They Saw News Alerts About Case

Today we have two very significant legal settlements in the news to break down! The families of Sandy Hook victims settled with Remington, but based on the terrible state of the law, this wasn't a guarantee. Andrew explains how it happened! In a somewhat parallel settlement, a victim of Prince Andrew and Jeffrey Epstein settled, but only because of an interesting ruling on a motion to dismiss. Before that. we've got updates on oral arguments in the NY AG motion to quash, the NFL hiring Loretta Lynch & other NFL stuff, the bizarre Durham filing, and the 5th Circuit Injunction related to vaccines and airlines. And then, some Cardi B stuff. So much news! Links: Daniel Snyder Alleged Sexual Harassment Details, Giuffre v. Prince Andrew, GIUFFRE v. ANDREW ruling, Sandy Hook Families Reach Settlement With Gunmaker Remington, 15 U.S.C. § 7901 – “Protection of Lawful Commerce in Arms Act of 2005”, Bernie Sanders voted for it, 15 US Code § 7902, 15 US Code § 7903, Connecticut Unfair Trade Practices Act Chapter 735a, § 42-110b, Cardi B on Her Unstoppable Rise GQ

We've got a delightful update in the Madison Cawthorn "one totally legitimate effort" to keep him off the ballot! Cawthorn's lawyers made a truly pathetic attempt at an injunction. It's bad law, but good deep dive! Also, a big Opening Arguments was Right about the DHS saga from a few years ago. Don't remember what we're talking about? Don't worry, we've got your back and it is good news! As if that isn't enough, we've got a bonus Wordle Law Wildcard! Just listen, alright! Links: I-765, Application for Employment Authorization, Employment Authorization Document, Federal Court Restores Access to Work Permits for Many Asylum Seekers, Trump Rule final text, AILA - DHS Secretary Ratifies Rule, Judge Beryl Howell says NOPE, Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991), Wordle and IP law, Cawthorn Injunction, State Board Answer, Younger v. Harris, 401 U.S. 37 (1971), Chavez v. Evans, 446 P.2d 445 (NM 1968)

Andrew Seidel returns to tell us about the report he and Amanda Tyler put together detailing how Christian Nationalism was central to the Jan. 6th Insurrection. The evidence is overwhelming and is often ignored by the media, so now is our chance to help get this vital information out to the world!

You think you know what a "bad document" is? You haven't seen anything like this! Keen listeners should know by now that winning a defamation suit as a famous person is a tough bar to clear. But, if the person you are suing is an absolute trainwreck and is possibly the worst person in the world, that bar can be cleared. Listen as Ace Associate Morgan Stringer tells us what happened and why Cardi B won!

After being fired from the Miami Dolphins, Brian Flores has filed a very serious lawsuit against the NFL for racial bias in hiring. This is absolutely huge news. Find out why the NFL is in serious trouble! Links: Flores v. NFL, Douglas Wigdor - New York's Best Employment Lawyer, 42 US Code § 1981 - Equal rights under the law,  Comcast Corp. v. National Assn. of African American-Owned Media, Palmer v Cook :: 2019, NJ law against discrimination

Check out this one WEIRD trick to.... *record scratch* wait a minute... it's not a weird trick? Wow! Well, check out this one legitimate way in which Madison Cawthorn could be kept off the ballot! It turns out, the Constitution actually isn't a super big fan of insurrections. Also, some additional info on anti-trust law, and a Wild Card (wooooooooo!) on a new bill written by a Democrat AND a Republican that actually has a chance of passing! Links: Cawthorn Complaint, Next day order staying proceedings, Gerard Magliocca, Amnesty and Section Three of the Fourteenth Amendment, Article 11B. Challenge to Candidacy, GOP Power Lawyer: Congress Said Insurrection Is Cool In 1872, 1872 Amnesty Act, Klobuchar Cotton Bill

Huge news day! BREYER WILL RETEYER! What a relief. Andrew takes us through that and the potential replacements. They're all great! Then we've got, by immense popular demand, coverage of a story in which at-will employees were forced by a court to stay in their job. What happened? Was it reported correctly? Find out! Then finally, it's Stormy Daniels vs scumbag Michael Avenatti in one of the many trials Avenatti is facing for his unethical behavior. Links: Leader of the Oath Keepers, Democrats Can Replace Justice Stephen Breyer on Party Lines, injunction against at-will employees

There was huge news in the gaming industry as Microsoft announced a deal to acquire Activision! You may remember Activision from such episodes as OA513: California v. Activision Blizzard, Inc in which we covered some of the disgusting sexist behavior that has landed the company in hot water. How does that affect this acquisition? Well, you might be surprised! Listen in! Links: 15 US Code § 1 - Trusts, etc, 15 US Code § 2 - Monopolizing trade a felony; penalty, MICROSOFT HALTS MERGER WITH INTUIT - The Washington Post, United States v. Microsoft Corp, United States v. Microsoft Corp., 97, US v. Microsoft, 253 F.3d 34 (2001)

It's a good news/bad news type of day. The bad news - voting rights has failed in the Senate due to... exactly the two Senators you'd think. But here's the great news! First, the Supreme Court ruled against Trump about the Jan 6th documents! Andrew gives us the full breakdown. And the double good news: We've got an interview with House Rep Raja Krishnamoorthi! He reacts to voting rights, Jan 6th, and explains his Ban Conflicted Trading Act! Links: Trump v. Thompson (DC Cir Dec. 9, 2021), SC opinion, Ban Conflicted Trading Act

A juror lied about being a victim of sexual assault. Is that enough for Ghislaine Maxwell to get a new trial? Find out as Andrew brings us the legal deep dive. Also, GOOD NEWS! The Ohio Supreme Court struck down some gerrymandered maps. It's fantastic news and we're here to tell you all about it! Links: Rule 33. New Trial, McDonough Power Equipment v. Greenwood, 464 U.S. 548 (1984), Ramos v. Louisiana – 140 S.Ct 1390 (2020), Montgomery Ward & Co. v. Duncan, 311 U. S. 243, 251 (1940), League of Women Voters of Ohio v. Ohio Redistricting Commission, Article XI - Ohio Constitution

There is a ton of breaking news today, happening just as we went to record. Andrew had time to briefly look over the Supreme Court ruling on the vaccine mandates and it is TERRIBLE. To quote Andrew's live reaction off mic, "Oh they're just lying now." It's that bad. But, we also had some good breaking news! In a nice timely Andrew Was Right, Oath Keepers leader Stewart Rhodes was arrested on Jan 6 charges despite not even being there, signaling an escalation in the whole consequences thing. This is good. All that PLUS a wonderful deep dive on an alleged "one weird trick" to solve the filibuster. You know by now it probably won't work, but it actually does and it's very interesting! It just doesn't solve the problem people hope it would. Links: Democracy Docket on Twitter, Chuck Schumer's filibuster dodge MSNBC, Congressional Research Service, Secretary of the Senate, Senate Rule IX, McConnell threatens Senate shutdown if Democrats nuke filibuster, Fake Electors

It's another instance of media coverage of the law not quite getting it right! The lawsuit actually will be back, and Andrew is here to explain why and what really happened! But first, meat's back on the menu, boys! The Biden Administration has been finding creative ways to help people, this time with a Meat EO. Andrew takes the opportunity to explain how Federal Rulemaking works and how Democrats are constantly working to improve things in ways that aren't always obvious. Links: The Biden-Harris Action Plan for a Fairer, More Competitive, and More Resilient Meat and Poultry Supply Chain, Executive Order on Promoting Competition in the American Economy, Lawsuit Accusing Nirvana of Sexually Exploitive Imagery Is Dismissed, nirvana-lawsuit.pdf, MTD filed 12/22, granted for failure to respond, local rules

It's been both an eternity and no time since the disgusting attack on our nation's Capitol one year ago. We've seen some amount of justice dealt to those involved, but mostly at lower levels. Is there more to come? Will those at the top face consequences? Andrew is here reading the tea leaves on Merrick Garland's speech, and they are some interesting leaves... In the second segment, Andrew tells us about the worthless ethics report issued by Chief Justice Roberts. Links: Read Merrick Garland's Full Jan. 6 Speech, 2021 Year-End Report on the Federal Judiciary, "On Sexual Harassment in the Judiciary" by Leah M. Litman and Deeva Shah, Supreme Court order vax case

It's another mini-Law'd Awful Lawsuits! Terpsichore, or should we say, "Terpsehore," is at it again, with one of the worst all time complaints ever covered on the show. Listen in as we have a lot of fun dissecting this atrocity! Then, we've got a really fun baseball law update that you're going to love, even if you aren't a fan! And we cover the Riot Games DFEH settlement, and an actual good complaint filed against OAN and Giuliani. Links: Terpy's new lawsuit, Russell A. Newman, terpy loves 17, MLBTR posts billionaires, Riot games settlement, 100m settlement, Activision employees, Freeman and Moss v Giuliani

Ghislaine Maxwell was convicted on 5/6 counts. Andrew takes us through it, as well as how the BBC made an absolutely colossal blunder in inviting Alan Dershowitz on to comment. Then, we go through an update on the Trump lawsuit over documents. It's headed to the Supreme Court! Links: Maxwell Indictment, 18 USC 2423, Dershowitz Epstein history, DC Cir Opinion (Dec. 9th), 3 USC 15, Trump cert petition, Application for stay of mandate, Motion to expedite, Supplemental briefing, Eliason article

No more bringing knives to gun fights! Andrew breaks down the 2022 redistricting in key states. Listen in to find out why gerrymandering is a must for Democrats if we want to achieve any sort of fairness long term. Then, we have an extended mailbag segment with some truly amazing emails from our brilliant listeners! Links: Cal. Code sec. 8521 et seq., Dave's Redistricting

How is the 6th Circuit overruling the 5th Circuit, you ask? Great question. That's just like you, you brilliant legal mind! Well there's some interesting legal quirkery behind that. But also, wait until you get a load of how terrible and embarrassing the 5th Circuit's original decision was... Also, we react to the bad Manchin news last week. And finally, Andrew's got another iteration of what we now call Cargo Cult Lawyering, with a John Eastman update! Links: 6th Circuit Ruling, 28 US Code § 2112, BST Holdings, Eastman - it's my first day

The Supreme Court Commission finished its work early! Probably because, you know, they didn't f*cking do anything useful. Gabe Roth of Fix the Court returns to discuss why the commission failed, what's really wrong with the court, and debate with us how to actually fix it. Court packing? Term limits? Both? Listen in!

Today's show breaks down President Biden's pivot from passing the Build Back Better Act to passing the Joe Manchin-cosponsored Freedom to Vote Act, S. 2747. What's in the bill? Is it Manchin'ed? Listen and find out! In the "B" segment, Andrew points and laughs at insurrection John C. Eastman's doomed attempt to prevent Verizon from turning over his phone records to the 1/6 Commission.. It's funny because they're all dumb. Finally, we have a very brief update on the Activision lawsuit you won't want to miss. Links Here's a link to a Washington Post article that contains additional links showing how you can help victims of the Quad State tornadoes. Here's the text of S. 2747. Eastman's lawsuit is hilariously bad, and don't forget to check out the case he thinks helps him (it doesn't), Yellin v. US, 374 US 109 (1963). Finally, we explain what that denial of DFEH's motion to intervene in the Activision lawsuit really means.

They're busy at work making a complete mockery of the law. To call them howler monkeys is an insult to howler monkeys, who I'm sure would at least try their best. Andrew takes us through a couple recent opinions by Trump Judges that remind us why it was so goddamn important both to elect Biden AND to win those two Georgia Senate seats. Let this episode be a motivator! These are the people who end up deciding the most important cases when we let Republicans back in power. Links: VanDyke ABA rating, Duncan v Bolta, Terry A. Doughty, Louisiana v Becerra, Who Are the Scientists Behind the Great Barrington Declaration?, Peter A. McCullough

In what seems to be an unprecedented but perhaps bold and necessary move, the parents of the Oxford shooter have been charged with involuntary manslaughter. Andrew has the breakdown of what happened and if the charges are likely to stick. Is it a slippery slope to... anyone being charged for everything ever? Nah. Before that, we've got an update about the Amazon unionization effort. A new election has been ordered, which is good news! Find out what Amazon is guilty of. Links: Amazon new election order, Michigan Penal Code Section 750.321, jury instructions

Baseball law! This season is in jeopardy because some crusty, probably racist, billionaires don't want to give up any money. The OA message on sports law has always been loud and clear: side with labor over the owners! Listen in and find out why. Before that, we've got some delightful updates on the kraken idiots having to pay legal bills! Links: Kraken order, A letter to baseball fans, List of Major League Baseball replacement players

Warning: this episode contains yelling. But like, why wouldn't it. We break down oral arguments in Dobbs vs. Jackson Women's Health aka the Handmaid's Tale-ification of the US. The conservative buffoons on the court made jaw droppingly stupid arguments, while some brilliant advocates did an amazing job fighting this losing battle. We've got clips and highlights and a whole lot of rage.

Alex Jones has been in the news lately for losing default judgment after default judgment, and might plan on taking the 5th in front of Congress. So, can he do that? The reasoning proves textualism is terrible and wrong. Then, we've got some updates and clarifications on the Arbery verdict, including capital punishment, appeals by the prosecution, and the misconduct by the first two prosecutors. Finally, a probation officer wrote in to expand on the weird "no porn" rule. Links: 18 US Code § 3731 - Appeal by United States, 2020 Maryland Statutes Section 12-302, Jackie Johnson Indictment, McCarthy v. Arndstein, 266 U.S. 34

Wait the system... can work? It did in this instance at least, and it was a very important one. Three pieces of racist trash were found guilty of the horrifying murder of Ahmaud Arbery. Andrew explains the verdict. However, the system also... very much doesn't work. Andrew breaks down the disturbing case of a judge giving a 4 time rapist NO jail time after praying on it. Then finally, we break down an interesting new argument in the Trump records case. Links: Kyle Rittenhouse Legal Eagle, Georgia Code § 16-5-1, Christopher Belter: 5 Fast Facts You Need to Know, House Brief, Court's 11/23 order, National Coal. to Save Our Mall v. Norton, 44 U.S. Code § 2204, Trump's reply brief

Lots of updates on the 1/6 commission! The Bannon indictment, a debunking on the idea that Holder and Bannon are in any way comparable, the Q Anon Shaman sentencing, and the Bar Complaint against John Eastman reveals stunning new details on the insurrection attempt! Links: Bannon Indicted for Contempt of Congress, 2 U.S. Code § 192 - Refusal of witness to testify, Terrible Binnall brief, 'QAnon Shaman' Jacob Chansley sentenced to 41 months, Eastman bar complaint

Well this f@cking sucks. Lots to cover in this bonus emergency pod. Unfiltered and unedited.

Let's face it - the conspiracy theory/fake news coming from the left on the Rittenhouse Trial is really terrible. AND THAT DOESN'T MEAN that the left is as bad as the right or anything like that. However, we on OA have found it to be exhausting and frustrating. So Andrew is here to set the record straight! But first! We've got some activism for ya. Biden's bull crap Supreme Court Commission is filled with Federalist Society conservatives. It's a waste of time and we need to do something about it. Fortunately, there's a meeting that we can crash! Get the details here. Links: Democrats call out Biden Supreme Court commission, motion to dismiss, Wisconsin Legislature: 948.60, Jury instructions, Sentencing Policies and Practices in Wisconsin

It's Morgan Stringer's Pop-Law! But less fun this time. Morgan is here to tell us all about the tragic Astroworld Crowd Crush that happened, and what the legal fallout is likely to be. Also, don't miss our Rittenhouse Trial analysis on patreon.com/law!

Sometimes Andrew tells us the coverage is wrong and actually a thing wasn't so bad. This is not one of those times. This ruling was an absolute disgrace. And wouldn't you know it, Republicans were responsible. We break it all down. Other topics today: we discuss Veterans Day and the Rittenhouse Trial. And, Vulgarity for Charity is back! Make sure to donate! Andrew tells us about a major sentencing in the 1/6 insurrection. And, lots of Trump documents are about to be released to the public! Links: Defense asks for time served, Man Sentenced to 41 Months in Prison for Assaulting Law Enforcement in Jan. 6, 2019 Bench Trial $572 million, overturned by OK Supreme Court, One dissent, Nov 9th Chutkan denies injunction, Nov 10th Chutkan denies stay

After our episode on Cocaine Hippos, we were contacted by previous guest and all-star attorney Monica Miller about the efforts to free Happy the Elephant. Monica works with the Nonhuman Rights Project, and they are utilizing a fascinating legal strategy to try to free certain animals from captivity. She takes us through the case and the law! In the first segment, we've got a number of OA was wrongs and rights, about hippos, Mark Jensen, AMD, and more. Links: Wild New York YouTube, Larry Tribe op-ed, National Geographic coverage, Martha Nussbaum amicus

It's one of the most requested stories for OA to cover – Steven Donziger won billions in judgment against Chevron in an Ecuadorian court in 2011. Then Chevron fought back. Now, 10 years after the original victory, Donziger has been handed loss after loss, been disbarred, and been found in criminal and civil contempt of court. His cause is deeply sympathetic to left wing audiences. But is it as simple as the big bad oil company beating up a poor lawyer? But first, some reaction to Tuesday's election results. And then some much requested analysis of the Rittenhouse Judge's latest actions. So much good info! Links: Rittenhouse judge fumes about media criticism, Juror Tossed from Rittenhouse Trial for Jacob Blake Joke, Rittenhouse Judge Explains the Law by Citing the Bible, The History of the Hearsay Rule, The Mold That Shapes Hearsay Law, Coy v. Iowa, Rittenhouse: Defense Attorney Repeats N-Word in Opening Statement, Chevron v. Donziger, In RE Donziger, Chevron v. Donziger, 2nd Cir affirmation, guilty of criminal contempt, 2nd circuit ruling on bail, Donziger facing jail time for criminal contempt

It's time for a good old fashioned low stakes fun legal deep dive! Get ready to learn what on Earth this episode title even means! Before that, we've got some Thomas was allegedly wrong about duck duck grey duck! And then a wildcard segment about Dan Tana's vs. Dantana's! Links: Animals Recognized as Legal Persons for the First Time in U.S. Court, Pablo Escobar’s hippos, Maldonado Declaration, Rule 45. Subpoena, 28 U.S. Code § 1782, the motion, Intel Corp v. AMD, 542 U.S. 241, Dan Tana v. Dantanna’s, 611 F.3d 767

Yet another packed episode! Our main story is what's really going on with the Rittenhouse Trial Instructions. You might have seen the coverage stating that the victims can't be called victims but can be called rioters and looters. Is reality as bad as the coverage? Andrew explains! Then in what is our co-main segment, Andrew gives us his initial thoughts on the hot off the presses Build Back Better Plan and what Sinema and Manchin have cost us. Links: HCSM letter, Wisconsin Legislature: 940.02, Kyle Rittenhouse back in court today, https://ballotpedia.org/Bruce_Schroeder, Kyle Ritttenhouse trial: Judge Bruce Schroeder to preside, Rittenhouse judge in spotlight after disallowing word 'victims' in courtroom, BBB deal Page 1 Page 2 Page 3, Whitehouse.gov BBB, HR5376 - 117th Congress (2021-2022): Build Back Better Act

Another classic deep dive! You might remember California passing AB5, which sought to elevate so-called "gig economy" workers from independent contractors to full on employees. It was not a perfect solution and left some small businesses wondering how they would cope. However, after that was passed, tech companies poured hundreds of millions of dollars into Proposition 22, which would basically take the giant corporations off the hook while still requiring everyone else to obey AB5. This was a terrible result and had everyone angry at California voters. But now there is a happy update to the story! Listen in!

So much in today's episode! First: a Thomas rant on police striking and quitting over the COVID vaccine. Next: a brief look into Striketober and when Reagan ruined unions. Third: Steve Bannon contempt order! Then finally our main segment on the awful story broken by ProPublica of a Tennessee Judge who has ruined childrens' lives over a made up crime. But wait there's more! A wildcard segment on Activision-Blizzard in which Andrew shares the names of the lawyers who moved from the EEOC to DFEH and why this case is still incredibly weird and has only gotten more weird! Links: Strike Support: What Is It and How You Can Help Striking Workers, Trump Bogus Lawsuit, List of attorneys who tried to steal your 2020 vote, Outrage Grows Over Jailing of Children, Tennessee Code :: Title 39, Rule 203: Procedures Upon Taking a Delinquent Child Into Custody, 2010 Tennessee Code :: Title 37 - Juveniles, activision-blizzard-et-als-ex-parte-application-to-stay-the-case, Rule 4.3 Communicating with an Unrepresented Person

This is part 2 of the deep-dive into Griswold v Connecticut. If you didn't catch part 1, make sure to listen! It's OA533! But also, since we love you so much, there's a wildcard on more Sidney Powell terrible lawyering! She's the grift that keeps on giving.

Our own Andrew Torrez broke this news while on vacation, no less! Here's an article referencing the podcast! We had assumed that the DFEH and the EEOC were working in coordination on the Blizzard Activision case, but that turns out to NOT be the case! Listen to Andrew break down this startling development! After that, one (maybe) final look back at the Weird Al episode for an Andrew (and Thomas) was wrong!

Today is part 1 of a much needed but quite dire deep-dive. The case is Griswold v. Connecticut, which may be familiar even to the layperson. It's what gives us the right to buy contraceptives and not have shopkeepers ask us if we're married. How could that possibly be overturned, you might ask? Well, legally speaking, it is justified in the exact same way as Roe. Listen to learn more.

If that's something you've been too afraid to say lately, this is the episode for you! Andrew breaks down the history of the debt ceiling, and why it is as pointless as it is potentially catastrophic! And a wildcard segment on Texas SB 8 being enjoined. Come see Thomas and others (like Ross and Carrie!) for California Freethought Day! It's online this year! Info here. Links: 31 US Code § 3101 - Public debt limit, DOJ motion for injunction

Everyone's favorite Ace Associate, Morgan Stringer, is back for another rousing edition of Morgan's Pop-law! So many of you asked us about the Nirvana lawsuit, so we've got the full breakdown for you. And Jamie Spears is no longer the conservator over Britney! We are one step closer to hashtag freeing Britney! Links: Nevermind That Nirvana Child Pornography Lawsuit, Attorneys Say, Elden v Nirvana, Inside Nirvana's 'Nevermind' Pool Party, 25 Years Later, Born To Swim?, Jamie Spears was removed from Britney Spears's conservatorship

Mr. Torrez went to Washington! Ok ok, not quite as glamorous as all that, but Andrew DID testify via Skype in a closed door congressional hearing about Christian Healthshare Ministries! How cool is that! Andrew breaks down what he talked about, and the new facts he dug up in his preparation! Also, if you or anyone you know has been harmed by a Healthshare, please write into the show! Email is below. In the second half, Andrew goes through the Activision Blizzard settlement and why it is good news! Links: Alliance of Health Care Sharing Ministries 990, National Coalition of Health Care Sharing Ministries 990, Gospel Light Mennonite Church Medical Aid Plan Inc. 990, Christian Healthcare Ministries 990, Initial Blizzard lawsuit, Activision Blizzard Confirms SEC Is Investigating It, EEOC (federal) – lawsuit filed Monday 9/27

Alright so... we got a lot of emails from our satire-related episode. Like a lot. And it all focused on the same one thing from a quick aside about Weird Al. Since then, a massive debate has taken place in the Facebook group over whether or not satirists like Weird Al would owe royalties. Andrew's previous segment said no; many commenters say yes. So are we issuing an Andrew was wrong? Find out the answer to that and MANY fascinating related issues in our much needed Weird Al deep-dive!

for... revealing the depths of the Trump family tax crimes. This suit has not been reported very well in the media. Andrew has the breakdown, and the main takeaway that should be the headline everywhere this is covered. But that's not all the Trump related news! Indeed we've got two more stories somehow crammed into this episode. They involve two "bad documents" as we call them here on the show. The Dominion letter and the Eastman memo. One reveals the election lies were known bull shit and the other is a blueprint for a coup. Yikes.

When the Tacoma Torch posted this hilarious parody news story, the Olney Community Baseball Team responded in the worst possible way – they had their lawyer try to intimidate the satirical site into silence. What the hell were they thinking? It only got more hilarious from there. Listen in for Andrew's breakdown! In the first segment, we go over some great listener feedback, including an email from the person who unmasked Terpsichore Maras. And several thoughtful, important missives from some of our transmasculine listeners on the language around the Texas Abortion Bill coverage. Then, because Andrew has apparently been taking some time management enhancing drugs or something, we get a WILDCARD segment on some really terrible people involved in the insurrection being allowed back into polite society like nothing ever happened. Links: Women Aren’t The Only Ones Who Need “Women’s Health”, Tacoma Torch brilliant response, Hustler Magazine v. Falwell (1988), Appellate court opinion, Campbell v. Acuff Rose, 510 U.S. 569 (1994), Sidney Powell Claims 70% Of California Recall Voters Were Turned Away From Polls In One County

So many updates, so little time! Listen as Andrew breaks down the developments in five cases: Texas SB8, E. Jean Carroll, Activision Blizzard, Roger Stone, and Pauline Bauer! If you're doubting that he can squeeze all that into one episode, you're not alone! Links: DoJ motion for injunction, Planned Parenthood et al. v. Texas Right to Life, Carroll v Trump reply brief, letter requesting stay, Activision hires new executives, Activision Blizzard NLRB case, Roger Stone interrupted during radio interview to get served, Capitol police complaint, State response to Bauer, motion to revoke pretrial release

It's Andrew's favorite thing in the world! No, not Transformers porn... Ok, it's Andrew's second favorite thing in the world: Sovereign Citizen nutbaggery. Listen as Andrew breaks down the hilarious, nonsensical gibberish that is: the Sovereign Citizen insurrectionist! Links: Pauline fires lawyer, Hernandez still doing her best, motion to dismiss, courts rebut nonsense

Andrew's favorite Constitutional Law expert, Laurence Tribe, has written an op-ed in the Boston Globe arguing that a Massachusetts case called Larkin v. Grendel's Den will "end the Texas abortion law." That sounds too good to be true. So, is it too good to be true? Or is it just true? Find out! But that's not all, infact we've got 2 more segments in this action packed show! There's another glorious Kraken Sanctions update, which includes an itemized bill for $200,000 that Sidney Powell will be picking up. And in the wildcard, we break down an interesting case involving Facebook in Australia. They don't have a pesky Section 230 down under, which leads to some very fascinating results from an American perspective. Also we briefly discuss the Merrick Garland announcement. Links: Whitmer sanctions tab, Fink sanctions tab, Newman v. Piggie Park Enterprises, States’ Stances on Public Interest Standing, Wis law 5.90(2)

Andrew breaks down the state of the recall, the porked polls, and Clark v. Weber! Paffrath still seems to be some sort of Democratic frontrunner, but how much of that is real and how much is poll pork? After breaking down the interesting arguments in the suit against the recall, we answer a listener who is critical of our critical opinions of the recall. Were we wrong? Find out! Links: Clark v Weber complaint, opposition, the ruling

This is not an exaggeration. Sure, technically speaking the Supreme Court hasn't said the magic words "we overturn Roe v. Wade" but they used the shadow docket to effectively eliminate it. This is bad. Very, very bad. So what exactly happened? What's in the Texas law that SCOTUS allowed to stand? How completely garbage, unprecedented, and counter to the rule of law is this move? Listen the Andrew's expert analysis and find out.

Our friends Dan and Jordan from the Knowledge Fight podcast are here to break down a creative grift being pulled off by Owen Shroyer. Who tf is Owen Shroyer, Thomas asks? He's an Alex Jones wannabe who has raised $250,000 to defend himself against... basically some made up BS. Listen and enjoy this hilarious breakdown! Links: Shroyer indictment, 18 US Code § 1752, 40 US Code § 5104 - Unlawful activities, 2018 Sentencing Guidelines Manual, addendum order, 28 CFR § 50.10 reporter policy

Today's episode is. So. Satisfying. It's not just sanctions against all the Kraken lawyers. That alone would already be amazing. But it's ALSO consequences for world's most punchable douchebag Jacob Wohl. It's so, so good. Take a listen. You've earned it. Ok full disclosure there is a slight amount of bad news regarding Texas Democrats having to return to the state empty handed, since a couple of Democrats refuse to do the right thing and eliminate the filibuster. No sugar coating that one, but we move quickly through that and get to the awesome news! Links: Sanctions order, Texas Dems end quorum-busting efforts, FCC PROPOSES $5 MILLION ROBOCALLING FINE AGAINST JACOB WOHL AND JOHN BURKMAN

It's another edition of Ace Associate Morgan Stringer's Pop Law! The media widely reported that Jamie Spears intends to step down as conservator. BUT.. that's a bad law thingy. He actually isn't. Tune in and hear the real law talkin'! Then, we talk about some great news in the battle for trans rights. Hobby Lobby was dealt a loss by the court. On the bad news front though, the Whole Woman's Health v. Paxton decision was horrible. But Mr. Sunshine himself, Andrew Torrez, has a positive spin for us. Links: Hobby Lobby v. Sommerville, Texas can ban common abortion procedure in second trimester, appeals court rules, prior Fifth Circuit panel opinion, Fifth Circuit en banc

Terpsichore, who also goes by dozens of slight variations on her name, saw the Kraken nonsense that has led to nothing but sanctions hearing after sanctions hearing and figured why not do... more terrible law. She's suing Dominion back for eleventy billion dollars. How is that damages number justified? GFY. What are the alleged counts of defamation? GFY. Where do these horrible lawyers keep coming from and how did they beat Thomas at the bar exam? We'll never know. Hear all about it on today's show! After that, we do some Andrew was wrong, regarding gift taxes and British courts. Plus an email from the one and only Michael Marshall on Telegram and how it does seem to be the app of choice for horrible racists. Links: 26 US Code § 102,  Gift Taxes, House of Lords - Wikipedia, Virginia Governor's Council, Terpsichore affidavit, Terpsichore deleted webpage, Tore Maras-Lindeman bio, complaint if you can call it that, ND vs Terp and all her names, Jones v. Trice, 360 S.W.2d 48 (1962)

It's a consequences episode, our favorite genre! Our first bit of great news is that Cuomo resigned. Andrew has a few follow up thoughts on that and our episode on Cuomo, as well as some introductory information on who will be New York's first ever female Governor, Lt. Gov. Kathy Hochul! Then we get to the great news of the Dominion Lawsuit surviving a motion to dismiss. If you've listened to the show for a while, you might have noticed that defamation suits tend to have a tough time surviving motions to dismiss. That's because our 1st Amendment is very broad. But the Big Liars went so beyond the pale, they're finding out even the 1st Amendment has limits. Yay! Links: NY AG report on Cuomo, Kathy Hochul, Hochul's govtrac, Hochul speaks, Survey USA poll, Emerson Poll, Dominion Opinion

We bring you a somewhat unusual rapid-response Friday episode in which we break down a new startup company, CrowdHealth, Inc., that is apparently engaged in a mass ad buy across the kinds of podcasts you likely listen to. This means that within a few weeks, you'll probably be hearing all sorts of paid testimonials for a product that does not exist right now and bears all the hallmarks of a classic (legal) scam. This company is funded with $6 million -- some (most?) of which will be spent on the advertising blitz we refused to be a part of. Would you trust an insurance company with just $6 million in reserves? (No.) Would you trust an insurance company that offered contradictory promises? (No.) Does it make any sense to pay an underfunded entity for the right to pay your own medical bills? (No.) We explain how this is almost certainly someone who is very familiar with the kinds of Christian Health Share Ministry scams we debunked in Episode 497 and is trying to replicate that -- only worse. Listen and find out why. For service of process purposes, Opening Arguments is a product of and is copyright (c) 2021 Opening Arguments Media, LLC, a Maryland limited liability company with its principle place of business at 28 E. Susequehanna Ave., Suite 206, Towson, Maryland 21287. This episode relied upon the following resources: Links: Websites: crowdhealth.com goes nowhere; crowdhealth.org is an unrelated company selling KN95 masks and other COVID supplies; this product is at the (unfinished) website joincrowdhealth.com. You can read the two-page flyer CrowdHealth sent out here. We explained why Christian Health Sharing Ministries are a scam back in Episode 497. You can search for CrowdHealth, Inc., a Texas corporation organized on April 19, 2021, on the Texas Corporations website's search page (it will pull up in a separate window). Here is a link to CrowdHealth's SEC Form D filing showing it raised $6,025,800 from 23 angel investors; that story was covered in the May 10, 2021 issue of the Austin Business Journal. And if you want to know more about CrowdHealth's founder, CEO, and (possibly?) it's only shareholder, Andy Schoonover, you can check out: a) Andy's LinkedIn page; b) his LinkedIn post soliciting doctors to share pricing information and promising "a bunch of uninsured folks who want to pay you quickly and $$ directly"; c) his stupid unfunny TikTok thing he shared on LinkedIn; d) his Twitter page; and e) his bio at Lion Venture Partners. Legal documents: IRS Publication 16-0051; 26 U.S.C. § 213; and 26 U.S.C § 5000A Appearances None. Invite us on! -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

NY Governor Cuomo was found to have committed criminal sexual harassment. Almost all top Democrats, including Preseident Biden, has said he must resign. But will he? If he doesn't, what options remain for removal? Meanwhile, Governor Newsom of CA is facing a recall election and isn't guilty of any serious misconduct. So what gives? How can Californians be voting to recall a relatively decent Governor, but New Yorkers can't recall a disgusting creep? As usual, Andrew has the full breakdown!

Today's episode tracks recent developments in the two major stories we covered recently: last Friday's Episode 512 regarding the ongoing quest to hold lawyers accountable for the (nonsense) lawsuits they file, and Tuesday's Episode 513 about the California v. Activision Blizzard lawsuit. We begin with an Andrew Was Wrong about language and then describe the developments since the California Department of Fair Employment and Housing sued Activision Blizzard for allegations of widespread discrimination in the workplace. Learn what the Activision employees are demanding and other efforts for activism surrounding the lawsuit. After that, it's time to check in on the effect that a late-breaking sanctions order in Colorado may have on the Kraken sanction hearings we know and love. Join us as we break it down for you! Links Click here for the Judge's Order granting sanctions in O'Rourke et al. v. Dominion Voting Systems et al. (D. Colo.). King v. Whitmer docs: (a) transcript of the sanctions hearing. (b) Detroit's reply brief; (c) Lin Wood's reply brief; (d) Emily Newman's reply brief; (e) Donald Campbell's reply brief on behalf of Sidney Powell, Howard Kleinhendler and others; and (f) Gov. Whitmer's reply brief. Appearances None. Invite us on! -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

If you're a gamer, or just very online, you have likely seen a ton of coverage of an explosive lawsuit against Activision. It alleges discriminatory behavior against women, ranging from general pay discrepancies to specific sexual misconduct claims. As usual, law-expert Andrew Torrez has the complete breakdown for us! Before that, we read a very moving email from Jane Doe #12 in the Liberty University suit. Links: The Atari Timeline, Activisionaries: How Four Programmers Changed The Game Industry, 42 US Code § 2000e–2 - Unlawful employment practices, Section 432.6 - Requiring waiver of rights prohibited

Today's episode updates two separate lawsuits related to the 1/6 insurrection: Rep. Eric Swalwell's suit against Trump, Trump Jr., Rudy Giuliani and Alabama Rep. Mo Brooks and the ongoing drama surrounding sanctions for the Kraken lawyers in King v. Whitmer, the Michigan lawsuit that exposed just how nonsensical all of the Kraken election lawsuits were. In the first segment, we learn that neither Merrick Garland's Department of Justice nor counsel for the House of Representatives believe that "inciting insurrection" is within the scope of your employment if you're a member of the House of Representatives, so... Mo Brooks is on his own on this one. This is all about the Westfall Act, which we last discussed in Episode 498. In the main segment, we check back in now that all the supplemental briefs have been filed after the mammoth 6-hour Michigan sanctions hearing. Learn who had the worst filing (hint: someone did worse than Lin Wood!), who had the... least worst?... and what is in store for all of the Kraken lawyers! BONUS: We've attached the complete six-hour hearing transcript. Links: Swalwell v. Trump: (a) docket report; (b) Swalwell's opposition to Brooks's Westfall Act motion; (c) decision of House counsel to decline to represent Brooks; and (d) DOJ's decision to decline to represent Brooks. We last discussed the Westfall Act in Episode 498. King v. Whitmer transcript of the sanctions hearing. Lin Wood's (a) brief 1 and brief 2; and (b) prior inconsistent brief in the Delaware Supreme Court admitting he represented plaintiffs in Michigan. Donald Campbell's brief on behalf of Sidney Powell, Howard Kleinhendler, and the rest of the Kraken idiots. Hoo boy, the brief filed by Stefanie Lambert Junttila on her own behalf... maybe don't represent yourself, Stef? And just because Stef didn't read it doesn't mean you shouldn't read Mezibov v. Allen, 411 F.3d 712 (6th Cir. 2005). The City of Detroit's (a) Safe Harbor letter and attached motion; and (b) supplemental brief (that's fire)! Remember all of this is about Rule 11 of the Federal Rules of Civil Procedure. Finally, if you search the transcript you'll see Howard Kleinhendler make the "fraud vitiates everything" argument, for which David Fink rightly skewers him in the City of Detroit's supplemental brief. Check out more on this stupid argument here. Appearances None. Invite us on! -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

In a dizzy euphoria at having had a single good interaction with a stranger on Facebook, Andrew decided to listen to an episode of Bari Weiss's podcast featuring a debate between Chris Rufo and David French on Critical Race Theory. Apparently, Andrew has too much free time and not enough things to be mad at. But it inspired part 3 on Critical Race Theory and what the likely next Pokemon evolution of the moral panic will be. Links: The Argument of “Afropessimism”, The Political Economy of Reparations, Black Nihilism and the Politics of Hope, Idaho HOUSE BILL NO.377, AZ HOUSE BILL 2898, AG Knudsen Issues Binding Opinion on Critical Race Theory, SC Bill H.4100

The main segment of today's show is what is known in the industry as a huge bummer. Liberty University is facing a lawsuit filed by 12 women who allege that they were sexually assaulted, and that their assault was handled horribly by the University. They also allege that Liberty's code of conduct made it more likely that they would be assaulted. It's grim, but it's a necessary story to cover and Andrew has the full legal breakdown for us. In our first segment, we hear from some people who are on the ground at the Texas legislature. Links: Abbott vetoes funding, The Liberty Way, lawsuit against Liberty University, 20 U.S. Code Chapter 38, John ED Larkin, 18 US Code § 2255

I'm going to go ahead and say this sanctions hearing was the most popular one in the history of law. It was so good, expect it on a future Law'd Great Sanctions Hearings, available on Patreon! Andrew breaks down some highlights here and lays out what we can expect to actually happen. Then, it's the Cosby case revelation Andrew has teased for weeks. Why is that entire saga even more worse than we originally said? Find out. Links: the hearing, multiple sanctions requests by... everyone, Rule 11, Emily P. Newman - Lawyer working to suppress legally cast votes, Lin Wood in Delaware case, Wood needs sanctions on top of sanctions, Campbell motion to release video, Rule 413, Cosby opinion, Cosby civil suit docket, motion for sanctions, Cosby motion to strike, response, forgotten until 10 yrs, Rule 5.1.5, AP renews motion, granted

Don't mess with Texas Democrats! Governor Abbott called an emergency session, not to fix the failing power grid or anything else important, but to ban knowledge and to restrict voting. Texas Democrats are not having it. They're playing the kind of hardball many of us have been thirsty for in this era. Andrew explains the situation and why it's a very good strategy. Then, Andrew does a victory lap for his accurate predictions in the hilarious lawsuit filed by Roy Moore against Sacha Baron Cohen! Links: 2021 Texas legislative session,  Texas House faces deadline, Anti-trans bill, Abbott 87th Special Session Agenda, Bill Text: TX SB3, Texas House Rules, Ep. 3 Official Clip | Who Is America?, case dismissed, Moore waiver agreement

We are still not done telling you how bad this Supreme Court is. One thing that may help make sense of why this court is portrayed as more centrist than it is is their use of the shadow docket. So, Listener Thomas S. asks, what is a shadow docket? Do you have to fight shadow Link there? Or maybe shadow John Roberts? What cases are moving through the shadow docket and how right wing are these results? Andrew breaks it down. Then, case that has been requested by so many of you! A comic book store is suing a hotel, and they submitted a complaint partially in.... COMIC BOOK FORM! Is that legal? How will it be recieved? Listen and find out! Links: the Knight case, Third Planet Sci-Fi and Fantasy Superstore v. ASDN Houston, Rule 12. Defenses and Objections, Rule 91 - Special Exceptions, Tex. R. Civ. P. 91

And while we're on the topic of sanctions, Rudy Giuliani can no longer practice law ANYWHERE for the time being, and the Kraken lawyers are all set to receive their sanctions as well. Turns out there are consequences for lying your ass off in official court filings, if you do it long enough. So listen in for a detailed breakdown of some truly terrible lawyering! Links: Rudy suspended in DC, DC Rule XI. Disciplinary Proceedings, where to listen to the sanctions hearing, Detroit sanctions motion, Trump sues Facebook, Twitter, and YouTube, Save the Constitution From Big Tech - WSJ, Yale Professor Jed Rubenfeld Suspended for Sexual Harassment

This easily breaks the record for longest show title. But seriously, we're fed up with this bogus Supreme Court coverage. In our main segment, Andrew has the full breakdown of Brnovich and just how terrible it is for voting rights, AND how much Alito and the conservatives are legislating from the bench. They are simply overwriting laws they don't like to accomplish right wing goals. This is pretty much an Andrew Was Right show, as the first segment is all about the Florida social media law being enjoined exactly the f how Andrew predicted. Then, to make us all feel better, we read some really great listener mail! Trust me, you won't want to miss it. It's delightful! Links: FL SB 7072, injunction

Purely speaking in legal terms, the Cosby release is even WORSE than you have likely heard. It's a complicated breakdown, but that's what Andrew is best at! Listen in to understand just how bewildering this ruling was. After that, Andrew gives us a very quick take on the Trump Org indictments. Links: Cosby opinion, Saylor dissent, Section 3125 - Title 18, Rule 404 - Character Evidence, Commonwealth v. Stipetich

If you've listened to this show long enough, you know that it is seemingly impossible to be dishonest and corrupt enough for the Bar to do something about it. Well, Rudy Giuliani found a way. The NY bar has slapped him down in a way that our esteemed Andrew Torrez has never seen before. Also, we've got an update on how Christian Healthshare Ministries are STILL a scam. Then, we talk about Cedar Point Nursery v. Hassid, in which the Court badly mangles eminent domain. Having just heard our deep dive in episode 500, you'll be able to spot how terrible this decision is as well! And, Andrew was right on Mahanoy v. BL!

This is a continuation of Episode 501's exploration of a rather arcane bit of legal jurisprudence that has somehow become the target du jour of the right wing, from Matt Gaetz to Newsmax to... well, Matt Gaetz again. That's right, it's an explanation of what critical race theory actually is, and whether it should be banned. (Hint: no) In this episode, you'll learn more about the definitely NOT Marxist postmodern critique of language and legal textbooks, including an in-depth discussion of a case you probably have never heard of -- Johnson & Graham's Lessee v. M'Intosh, 21 U.S. 543 (1823). And if you have heard of the case, then a) you're probably a lawyer or law student, and b) you should thank a critical legal studies theorist! We'll also get in depth with two of the founders of the CRT movement, Mari Matsuda and Kimberle Crenshaw. Learn what their unique contributions to legal scholarship were and are, and decide for yourself whether this is too dangerous for grad students to even read. Finally, we'll delve back into the one-man astroturf unit that is Christopher F. Rufo and learn how he's deliberately misleading everyone about what CRT is in order to stoke a moral panic. This is an episode you don't want to miss & might want to share even with your Uncle Frank! Finally, we do an Andrew Was Wrong on Arrow's Theorem as math professors rise up and storm our studio. Links We first discussed CRT in Episode 501; go check that out if you haven't yet. Andrew definitively stated that he was not a CRT theorist & believed there are right answers in the law in Episode 477 critiquing originalism. Florida's latest law is HB 233 on "intellectual freedom and viewpoint diversity," which kind of contradicts the whole banning CRT thing. Check out Richard Delgado & Jean Stefancic's "Rodrigo's Reappraisal" (2021). You can read Johnson & Graham's Lessee v. M'Intosh, 21 U.S. 543 (1823) for yourself. The Rufo timeline we mentioned was published in the Wall Street Journal, and you can check out the text of Trump's executive order here. You can also read his garbage article in the NY Post... you know what? I'm not going to link that. He's terrible. You should definitely read Mari Matsuda's Public Response to Racist Speech: Considering the Victim's Story (1989) and Kimberle Crenshaw's Mapping the Margins:  Intersectionality, Identity Politics, and Violence Against Women of Color from the 1991 Stanford Law Review. Finally, I would also recommend reading Aya Gruber's "Against Carceral Feminism" (2021). Appearances None! Have us on! -Support us on Patreon at: patreon.com/law –Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

If you've heard the buzz about Critical Race Theory lately, you... probably have absolutely no idea what it actually is because the people who have already passed laws in several states banning it don't even know. But if you've heard an informed person talk about it, you may have heard that it has its roots in the law. Well then, what better place to give you a deep dive than on a law show! So what is Critical Legal Studies? How did it pave the way for Critical Race Theory? OA is on the case! Links: Why are states lining up to ban critical race theory?, The Wedge Document, Critical Race Theory Briefing Book, Florida's New Law, Helms Stalls King's Day In Senate, Marxism, Understanding Marx, Understanding Modernism, Postmodernism, The Bridge: Critical Theory: CLS Movement, The skin trade Posner review

It's bonus OA!!! Andrew takes us through whatever the hell Manchin is trying to do with Republicans, then breaks down two Supreme Court rulings for us. Spoiler: they're terrible. Links: For the People Act of 2021, 19-123 Fulton v. Philadelphia, California v. Texas

500!!!! WOOOOOOO! It's time for the deep-dive we've been putting off for 5 years. Eminent domain! Links: Lucas v. South Carolina Coastal Council, Loretto v. Teleprompter Manhattan CATV Corp, Pennsylvania Coal Co. v. Mahon, Penn Central Transportation Co. v. New York City, Murr v. Wisconsin, 2017, Kelo v. City of New London, Hawaii Housing Authority v. Midkiff, Pfizer To Close New London Headquarters

... and then goes on unhinged Twitter rant full of bad law! We're here to break down just how obviously spurious his allegations are. Then, we address the tremendous amount of feedback we got on Christian Health Sharing Ministries. Some listeners tried to defend them, or at least claimed they got out ahead. Was Andrew wrong? Are they not a scam? Find out! Links: Institute for Christian Conciliation, Access to ICC Guidelines and Rules of Procedure, Commercial Arbitration Rules, weird handbook, cost of uncovered pregnancy, Rule 5. Serving and Filing Pleadings, return affidavit, Mo Brooks raising campaign funds off wife getting served, Alabama Section 13A-7-2, 6-5-262, Rule 4. Summons

This episode is exactly why this show exists. Two stories about Merrick Garland's DoJ came out recently that gave the strong impression that Garland was defending Trump policies and even joining forces with religious bigots against LGBTQ rights. These stories are COMPLETELY misleading. As always with complicated legal stories, the truth faces a steep, uphill battle. Come along as Andrew explains why Garland is doing exactly what he should be, and would be doing even under a Bernie Sanders administration. In the first segment, we discuss the Women's Health Protection Act. Can it save us from the Supreme Court overturning Roe? Find out! Links: Manchin abortion record, Murkowski abortion record, 28 US Code § 2679 Westfall Act, Barr's first brief, E. Jean Carroll's response, CAIR v. Ballenger, 444 F.3d 659 (2006), DOJ Updates Filing, 20 US Code § 1681, Attorney General's Duty to Defend, The Indefensible Duty to Defend, Alliance defending freedom motion to intervene

Andrew stumbled across a Marketwatch article that recommended a Christian Health Sharing company to save money on health insurance. Due to this being a complete scam, Andrew was sent on a Liam Neeson-esque crusade. Let's just say he has a certain set of skills involving documents and research and deep-diving... Listen and find out why this is a scam, and why it still persists and is in fact being incentivized by our government! Yes the Biden one still! Whatever your belief system, PLEASE don't let yourself or anyone you know be taken in by this scam! Links: dumb Marketwatch article, Membership for Health Sharing Ministries Soars, Healthcare Sharing Ministries: Read the Fine Print, Buzzfeed coverage, Member Requirements, § 1501(d)(2)(B), 2016 IRS ruling, Trump EO 13877, 85 FR 35398, 26 CFR Part 1 - INCOME TAXES, NYT coverage

First story on today's show is the Chauvin motion for downward departure. The Judge said up to 30 years, Chauvin countered with "...how about a firm talking-to?" Andrew breaks down the (mostly terrible) arguments. Then, we talk about a conservative cancel culture story – a Stanford Law student put up an obviously satirical and hilarious flier roasting the Federalist Society and then was punished by the school. Listen for the details and some history on campus free speech! Links: The First Amendment Encyclopedia, Campus Hate Speech Codes, California Education Code § 94367, Corry v. Stanford, Stanford Flyer, Fed Society Complaint

Today we have special guest Nick Fish, president of American Atheists! He recently attended a meeting with the White House Office of Faith-Based and Community Initiatives. Is this administration doing a better job representing the millions of non-believers in the country? Find out! In the first segment, we discuss Mahanoy Area School District v. B.L., the free speech case you may have heard about on The Daily. Andrew gives us a more complete breakdown and offers a prediction as to how the ruling will go! Links: Tinker v. Des Moines, Hazelwood Indep. School Dist. v. Kuhlmeier, Bethel School District No. 403 v. Fraser, BL v. Mahanoy Area Sch. Dist., 964 F.3d 170, Mahanoy Area School District v. BL oral arguments, Faith-Based and Neighborhood Partnerships EO

I know I say this a lot but... this episode is action packed! So much good stuff to discuss that we had to squeeze in the Trump grand jury news into the announcements slot. Andrew breaks down what it means and what to expect. Then, a listener who actually worked on the NRA case wrote in to give us the final word on Sea Girt. But in our main segment, Andrew gives us the full breakdown on the asinine social media law Florida just passed. Eyes, look your last, because this thing is destined for the trash bin. Find out why! Then, we squeezed in a wildcard segment, if you can believe it. Did Alan Dershowitz win a defamation case against CNN? (no) Links: NRA Annual Matches Move To Sea Girt In 1892, 28 US Code § 1408, FL social media law, 47 U.S. Code § 230, Dershowitz v. CNN Order on MTD

Today Andrew breaks down Fox's motion to dismiss the Dominion lawsuit. Dominion has mountains of evidence of defamation. Fox... disagREES. Find out how their defense holds up! We also talk about the surprisingly high number of delightful emails we got about Seagirt from Australians. And finally an Andrew was slightly wrong about some Asbestos bankruptcy stuff! Links: Dominion complaint, Fox motion to dismiss, NY CPLR Rule 3211, Coomer Colorado lawsuit, Newsmax retraction, another Newsmax retraction, Newsmax Withdraws False Claims About 2020 Election, Powell motion to dismiss, Dominion response

This is not a misleading clickbait headline, this is literally what happened. Mississippi citizens passed a medical marijuana amendment and textualist conservative judges overruled it with a reading of the law so asinine that it rendered constitutional amendments by citizens impossible going forward. You have to hear the breakdown to even believe it. In the second segment, Andrew delivers some more real bad news out of the US Supreme Court. You likely heard about the abortion case, but Edwards v. Vannoy is a decision you didn't hear about that does not bode well.

And two of those names are: Jacob Wohl and the NRA! It's a consequences show! While consequences might be an endangered species these days, Tish James shows us that species still has teeth. You may know Jacob Wohl as that right wing troll who absolutely should be in jail right now for any number of things, like fabricating blackmail material against Elizabeth Warren, for example. He's in big trouble for yet another criminally awful plot. Then, Andrew breaks down the recent bankruptcy decision regarding the NRA, and why it's bad news for them and good news for not them. Links: KKK act v Wohl, court order denying stay, James motion to intervene Wohl, Wohl opposing intervention, OA410: NY AG Files to Dissolve the NRA!, Order dismissing NRA bankruptcy

Big updates in the Derek Chauvin case! First, the judge found four aggravating factors. This is what Andrew predicted, but not exactly the same four! Also, one of the other officers in the case has filed a motion alleging witness coercion. We break down what this means, and how worried we should be. In our first segment, we answer an excellent patron question about an old OA episode: What ever happened to the Arlene's Flowers case? We discussed it back on OA180, and Andrew Seidel made a prediction that held up very well. Finally, apportionmentcalculator.com has been fixed, and a listener gives us great info about Census Blocks! Links: Church of the Lukumi Babalu Aye v. City of Hialeah, Docket for 17-108, Arlene's Flowers Remand, Thao motion, Federal indictments for all 4 cops, 18 U.S. Code § 242 - Deprivation of rights under color of law, Former Md. medical examiner's testimony for Chauvin defense leads to call for review of past cases, MINNESOTA SENTENCING GUIDELINES, Aggravating factors filing Appearances None. Have us on! -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Andrew is giggling like a school child right now as we present the deep-dive you didn't know you needed! It's transform...ing robots (not quite Transformers) and some really intricate IP law! It also involves Italian Trump! Before that, we have a correction on trademarking numbers, and some mini-dive into an Ugg lawsuit! Links: Ugg Lawsuit final order, 15 US Code § 1117 - Recovery for violation of rights, USD287037S - Changeable robot toy, 2003 Court Tokyo High Court Case, 2017 Arbitration, Macross Sequels and Films To Be Released Worldwide

You may have seen some alarming headlines about Chauvin's lawyers asking for a new trial over a juror being at a BLM rally, but do those alarming headlines hold up? Should we be concerned? Andrew has the full breakdown! Before that, we tackle a very interesting component of the census called the "differential privacy" method, and why it's the subject of a new lawsuit.

All-star Senator Sheldon Whitehouse is at it again! In a Judiciary subcommittee meeting, Whitehouse laid out the groundwork for how a future Supreme Court could overturn Citizens United and Shelby County v. Holder. These are two atrocious decisions that would make even the Andrewest judge lament stare decisis, but today's episode explains how a court could overturn them without doing damage to court legitimacy going forward! (if you're into that kind of thing...) Before that, Andrew breaks down SCOTUS granting cert in the NYS Rifle & Pistol Assn v Corlett. Then, we tackle a listener email claiming we badly misrepresented defense attorneys in last Tuesday's show. Links: NY State Rifle & Pistol Ass'n. v. City of New York, N.Y. Penal Law § 400.00(2)(f), Supreme Court of the United States opp brief, 2nd Circuit NY State Rifle & Pistol Ass'n v. Beach, Cert Peition, Cert granted, Supreme Court Fact-Finding and the Distortion of American Democracy, Planned Parenthood v. Casey, Citizens United, Civil Service Commission v. Nat’l Assn of Letter Carriers,

You all probably heard by now that NY lost a House seat by 89 people... But did they? Andrew argues that this has been misreported. Find out why! Along the way, find out way more than you ever wanted to about the math and Al Gore Rhythms behind apportionment! Also, Rudy Giuliani had some things taken in what shouldn't be called a "raid." Couldn't' have happened to a nicer obvious criminal! Then we answer some feedback on the previous episode, OA485: What If Your Client Tells You They’re Guilty? Links: OA307: Apportionment - The Census Fight Is Not Over, NPR 2020 Census Results, 13 US Code § 141 - Population and other census information, Executive Order on the Census, 2020 Census Apportionment Results, 2 U.S. Code § 2b, Method of Equal Proportions, Reapportionment Under the 1950 Census, "Computing Apportionment," US Census Bureau, Model Rule 3.3: Candor Toward the Tribunal

... and other great questions from listeners! We get so many intelligent, thoughtful questions from our amazing listeners and patrons that we decided to do a show about it! Today's episode features 3 listener questions. First, what happens if your client tells you they're guilty? Next, a union leader asks if Janus v. AFSCME completely disregarded Garcetti v. Ceballos? Finally, can electors report fractional votes?

It's good news! Chauvin was found guilty on all 3 counts! Andrew breaks down what to expect with sentencing, and a number of interesting legal quirks along the way. Also, should we be worried about an appeal? What about the Maxine Waters comments? Find out! Links: State v. Martin, 211 N.W.2d 765 (Minn. 1973), MINNESOTA SENTENCING GUIDELINES, Minn. Sentencing Guidelines and Commentary, Sentencing Guidelines Grid, Sample PSI Report Vermont

Andrew Seidel of the FFRF joins us to discuss the absolutely terrible SCOTUS decision in Tandon v. Newsom. As you might expect, it's a complete disgrace that further enshrines Christian Privilege into law, in total contradiction of Church State Separation.

Officer Kim Potter was charged with 2nd Degree Manslaughter in the killing of Daunte Wright. She claims she meant to fire her taser. Could she face more serious charges? Then, Andrew breaks down Maryland's Police Reform Bill. It's pretty good stuff, so naturally Democrats had to override the Republican Governor's veto. And finally, we've got a wildcard in which Sydney Powell responds to charges of incompetence with EVEN MORE INCOMPETENCE. Links: Andrew's Full Baseball Lecture, the slides, Kim Potter Charging Documents, Sec. 609.205 Man 2, MINNESOTA SENTENCING GUIDELINES, Sec. 609.20 MN Man 1, MD SB71, SB178, HB670, Evers' brief, Powell Motion to Strike, Evers response, Powell motion to strike (actual motion)

Governor Tony Evers is not messing around when it comes to Sidney Powell's evidence-free conspiracy nonsense. He has filed a motion for sanctions that just demolishes Powell for being a total hack, liar, and terrible lawyer. It's magnificent, and Andrew breaks it down for us! After that, we've got some follow up on Uzuegbunam v Preczewski (the one where Andrew sided with John Roberts.) Was Andrew wrong? Find out!

Today's show has everything you want from an OA episode! We start with some follow-up on the Originalism episodes. Second is a fascinating mini dive into Graham v. Connor and why both the defense and the prosecution of the Derek Chauvin Trial are citing it. Finally, we squeeze in an amazing wildcard segment about Jordan Peterson being Red Skull in the new Captain America comics!

A recent episode of the Rationally Speaking Podcast featured Originalist Law professor William Baude arguing for why judges should be originalist. Needless to say, it was not a good case and strawman arguments abounded. Andrew is here to give us part 2 of the deep-dive that will set the record straight on why originalism is still bad.

If you're looking for evidence that Joe Biden is ready and willing to play hardball and not give a shirt about Republican votes, his first batch of judicial nominees are a great example. Andrew breaks down for us why they signal that he isn't messing around! Before that, we discuss the 9th circuit decision Young v. Hawaii about open carry. Links: Memorandum on International Transgender Day of Visibility, Biden Announces Intent to Nominate 11 Judicial Candidates, Biden Won't Give ABA Advance Role in Vetting Judicial Nominees, ABA 2019 Report: Lawyer Demographics, Examining the Demographic Compositions of US Circuit and District Courts, Biden borrowed the Federalist Society's tactics

A recent episode of the Rationally Speaking Podcast featured Originalist Law professor William Baude arguing for why judges should be originalist. Needless to say, it was not a good case and strawman arguments abounded. Andrew is here to give us part 1 of the deep-dive that will set the record straight on why originalism is still bad. Then we've got Ace Associate Morgan Stringer on for some pop-law! She gives us the breakdown on the lawsuits filed against DeShaun Watson which allege sexual assault. Links: Planned Parenthood v. Casey, 505 U.S. 833 (1992), Gamble Decision with Thomas quote

Sidney Powell's response to the Dominion Defamation suit is too batshirt to miss! Andrew brings us the full breakdown. Also, a jury has been selected in the Derek Chauvin trial so we've got some updates there. And finally, Andrew explains the gun control bills that have passed congress. Links: Dominion response to Powell motion to extend time, Dominion complaint, Powell motion to dismiss, Minn. Sentencing Guidelines, Batson v. Kentucky (1986), Jurors In Derek Chauvin's George Floyd Murder Trial, Bipartisan Background Checks Act of 2021, Texas mass shooting, Enhanced Background Checks Act of 2021

It's a no takesies backsies deep dive! We all know the law is pretty reasonable and there's no way you get to keep millions of dollars that a bank wires you by accident, right? Wellllllll ordinarily yes, but sometimes no! Andrew's got the full breakdown on Citibank's big oopsie. Before that, we talk about Alan Dershowitz's (s)hit new podcast and how he's lying about the My Pillow guy. Links: OA198: What Is Alan Dershowitz Thinking?, Former Trump lawyer Alan Dershowitz is advising MyPillow CEO

Remember sniveling weasel Brett Kavanaugh and the serious allegations against him by Dr. Ford and how he was "cleared" by an FBI investigation into the matter? Well according to Sheldon Whitehouse, that investigation might have been not just inadequate but perhaps FAKE. In our main story, Andrew breaks down the Ohio lawsuit attempting to block the American Rescue Plan. It involves a deep dive into anti-commandeering doctrine, which might not be what you think it is. Links: FBI facing allegation that its 2018 background check of Brett Kavanaugh was ‘fake’, Whitehouse Releases Letter to Garland on Oversight Matters, OLC Politicization, Ohio attorney general sues Biden administration over $1.9 trillion stimulus

You read that right, and no it's not opposite day! At least... I don't think it is. Anyway, Manchin has said some things about the filibuster that are incredibly encouraging! We've got the full breakdown and a mini filibuster dive for you. Then in our main segment, Andrew breaks down a decision in which Roberts dissented from the entire court... and in Andrew's opinion, he has it right! Links: Brookings.edu, "The History of the Filibuster,", 19-968 Uzuegbunam v. Preczewski

It's here! The 1.9 trillion dollar package is officially passed! If you are one of the many listeners who donated time or money to getting Democrats to 50 seats, you truly did make this happen. Andrew did all the reading so you don't have to! He breaks down what's in this incredibly progressive plan. Before that, we respond to lots of people asking "Didn't Republicans fire the parliamentarian in 2000?" This objection to our minimum wage episode completely falls flat for several reasons. Links: WaPo Parliamentarian Article, Lott to Oust Senate Parliamentarian Who Ruled Against GOP, WaPo How big is the Biden stimulus bill?

At oral arguments before the Supreme Court, a lawyer for Republicans admitted that eliminating voting restrictions would put Republicans at a 'competitive disadvantage.' Will this startling admission jeopardize the case for Republicans? Find out! Before that, we cover some good news and bad news. Bad first - the Texas EO on masking is worse than you thought. Good news - HR1 the Equality Act is amazingly good legislation! It's the jam packed Tuesday deep-dive you've come to expect from us! Links: TX Executive Orders GA-32 and GA-34, TX Code 418, TX Executive Order GA-10, State Voting Bills Tracker 2021, Georgia HB 531, [Brnovich v. DNC] Consolidated Oral Argument, 52 U.S. Code § 10301

Leftist publications like Jacobin have been excoriating the Biden administration, and specifically VP Harris, for not simply overruling the Senate Parliamentarian to force the $15 minimum wage through. They argue this is something Republicans definitely would do if the situation were reversed. So... is all that true? Andrew is here to break it down for us! Links: The Hill Cruz: Let's overrule Senate officer to expand ObamaCare bill, Rules Of The Senate, 2 US Code Chapter 17, Byrd Rule 2 US Code § 644, The Tax Legislative Process: A Byrd's Eye View, Andrew's favorite plan

Hooooo boy, have we got some legal craziness for you fine listeners! Disgraced lawyer who Instagramed his participation in an insurrection has filed a lawsuit that is essentially Latinos for Trump and a few other groups v. EVERYONE. Andrew had way too much fun diving into it! Before that, we have quite the deep-dive on hearsay related to a recent T3BE question. Turns out you can't kill witnesses to get away with stuff? Who knew! Links: Rule 801. Exclusions from Hearsay, Rule 802, Rule 803, Rule 804, Find A Lawyer | Paul MacNeal Davis, Goosehead Insurance, Sollenberger Tweet, Gondor has no King nonsense, Court sua sponte motion, amended complaint, Davis fire by basically everyone, LFT asks for more time, LFT motion for fees, supporting exhibit

Normally we're bracing ourselves every time there's SCOTUS news, but this time there's actually some good! Cy Vance HAS TRUMP'S TAX RETURNS. Ok that's pretty much the end of the unambiguously good news. But listen in as Andrew gives us the expert analysis on the anti-affirmative action case and the Title X case! Before that, we talk about what elections actually would have looked like under Lessig's proportional system from last episode. The results are very fascinating! Yay spreadsheets! We finish off with a quick answer to the question, "could the Senate have voted anonymously on impeachment?" Links: 2021 Cornelius Vanderbroek Memorial Essay Competition for Law School Students, Maryland FBA Essay Contest, BBC Facebook v Australia: Who blinked first?, Daily Kos How minority rule plagues Senate, Andrew's Spreadsheet, CNN Trump's tax returns turned over to Manhattan district attorney, Mayor v. Azar, 973 F.3d 258, California v. Azar, 950 F.3d 1067, 42 US Code § 18114 - Access to therapies

Harvard Law Professor and activist Lawrence Lessig joins us to talk about his ongoing efforts to get rid of the Electoral College. It's a war being fought on multiple fronts, but Professor Lessig's current effort is to force states to assign delegates proportionally. The all or nothing system we have now is not actually written into the Constitution. Listen in for the full breakdown! Links: Rodriguez v. Newsom cert petition, Baten v. McMaster, 967 F.3d 345

Why is the OA Facebook page blocked in Australia? Well, it's not just us, it's every news page! We've got the deep dive into why Facebook is blocking us and why Google isn't, even though they were targeted by the same law. Before that, we take a look at a truly terrible bill out of South Carolina that is going to be model legislation in a post-Roe America. It's every bit as anti-choice as you think and then some. Finally, a look at an absurd and pathetic attempt by Georgia Republicans to shield Trump from likely indictment by amending the constitution! Texas Resources: Warming Centers – TDEM, Warming centers in Texas: How to find them, get help and help others, Live Doc with resources, TEXAS WEATHER CRISIS ASSISTANCE Links: Overview of Fetal Development, Abortion Policy in the Absence of Roe, AUS Digital Platforms Inquiry rpt, News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 – Parliament of Australia, News Corp and Google Agree To Global Partnership, Changes to Sharing and Viewing News on Facebook in Australia, Georgia General Assembly - SR 100, 2021 Cornelius Vanderbroek Memorial Essay Competition for Law School Students, Maryland FBA Essay Contest

Today's show is a fascinating deep-dive into one Amazon facility's efforts to unionize, and the implications it has on the entire company! After that, we have an update on the Senate power sharing agreement. Committee assignments galore! Links: Amazon workers begin voting in landmark US union push, Amazon Workers in Delaware Reject Union Effort, Amazon has avoided unions for 25 years, Amazon 18-month non-competes, Amazon's Secret Program to Spy On Workers, Amazon training videos coach Whole Foods staff on how to discourage unions, Amazon: ‘They Work You to Death’, Amazon NLRB Case, National Labor Relations Act, 29 U.S.C. §§ 151 et seq, Signed RC petition, Amazon response, Amazon has lost its bid to delay Alabama union vote, NLRB petitions report, Res 27 power sharing, 2001 version S. RES. 8

In case you missed it, our 45th president led a violent insurrection about a month ago and now it's up to Democrats to convince a bunch of Republicans... who were there... that it happened. Andrew is here to break it all down for us! Also, some other criminal president updates as the Georgia Sec of State opens an investigation into Trump's election meddling there. Links: NYT Georgia Officials Review Trump's Phone Call to Raffensperger, Georgia Prosecutors Open Criminal Inquiry Into Trump's Efforts to Subvert Election, DA Preservation letters, Christine Resigns, impeachment schedule, Res 47 Adopted 2/9, Donald Trump Speech "Save America" Rally Transcript January 6, 18 US Code Chapter 102 - RIOTS

Ace Associate Morgan Stringer is here to throw some cold water on the cases against Robinhood in the GameStop fiasco. Why are they doomed? Find out! Before that we cover a grab bag of good news items including the DOJ dropping the Yale lawsuit, federal student debt cancelation, and Virginia abolishing the death penalty. Are you tired of positivity yet? Links: OA219: Harvard and Affirmative Action, Warren and Schumer Resolution, 20 US Code § 1082, Virginia Senate passes death penalty abolition bill

This is a jam-packed, extra-length show that covers as many of the pressing stories in the news that we could cover! We begin with the breaking news that Kyle Rittenhouse's lawyers perjured themselves by filing a fraudulent address in defiance of a court order; we tell you why that's bad and what's next for the domestic terrorist. After that, it's time for a lengthy breakdown of the DC Statehood Bill, including a discussion of the potential future legal challenges (and solutions!) as well as the timing for when we can expect 2 new Senators to be seated! Then, it's time to break down former President Trump's (laughably bad) response to the Article of Impeachment. Phew! Links You can check out Rittenhouse's brief in opposition to the bond increase. Here is the full text of the DC Statehood Bill introduced by Tom Carper. You will not believe how bad the lawyering is in former President Trump's (laughably bad) response to the Article of Impeachment, and you can also read the Inquirer article on Trump's new lawyer, Bruce Castor, who seems like a real peach. Appearances None, have us on! -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Today's episode focuses on two major victories that many on our side have maybe been afraid of cheering on -- first, the agreement between Chuck Schumer and Mitch McConnell on a power-sharing arrangement that will enable legislation to come out of equally-divided Senate committees, and second, the impeachment vote of 55-45 that the Senate has jurisdiction over Trump's impeachment. We'll tell you why these are real victories worth celebrating and break down some Senate Rules while we're at it! Then, we have an inspiring interview with Ruben Amaya, a 19-year-old running for the Maryland House of Delegates. Links Yes, we're aware of the Latinos for Trump lawsuit; it's crazy and hilarious and we'll be covering it in some way, we promise! On the Senate rules: (a) go read Rules XXV, XXVI 7(a)(3), or any other rule for yourself; (b) check out the 2001 plan (S.R. 8); and then (c) read this CRS report explaining "filling up the amendment tree." On impeachment, you'll want to read Brian Kalt's seminal 2001 Law Review article. Finally, if you'd like to check out Ruben Amaya's campaign, head on over to his website at rubenamaya.org! Appearances None, have us on! -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

We're very proud of this show, in which you can sit down your Uncle Frank who's repeating the kind of nonsense Rand Paul spouted this weekend -- that "all the court cases just dismissed Trump's lawsuits on standing and never evaluated the evidence" -- and show that it is an out-and-out lie. It's not true. And we think even Uncle Frank will have to reluctantly concede that by the end of the episode. Links: This is the terrible Gateway Pundit article by Joe Hoft whose claims we thoroughly debunk. Please don't click on it. Please do feel free to click on the polling averages at 538 or Gallup which show that the "wildly popular" President Trump averaged a 41% approval rating. This is the main spreadsheet Hoft relies on for his "81 cases." Cases (from the spreadsheet): Trump v. Boockvar, 20-00966 (W.D. Pa.): You can check out the CLOSED DOCKET with 574 entries, and then read the 138-page opinion clearly addressing the merits of Trump's voting arguments. Trump v. Way, 3:20-cv-10753-MAS-ZNQ (D.N.J.): Check out the CLOSED DOCKET. In re Canvassing Observation No. 7003 (Penn. Ct. Common Pleas.) -- here's the state court ruling on sneezing; In re Canvassing Observation, No. 1094 CD 2020 (Penn. Comm. Ct.) -- and yes, that's the same case on appeal -- and here's the only Trump win; Trump v. Boockvar, 20-02078 (M.D.Pa.): This is the 11/21 opinion addressing the merits of Trump's efforts to throw out the entire state's vote. In re Canvass of Absentee and Mail-in Ballots (Pa. state consolidated cases): Here's the ruling from the Pennsylvania Supreme Court that "no fraud or irregularity has been alleged." Trump v. Boockvar, 20-3371 (3d Cir); here's the docket showing that this appeal was closed on Nov. 27, 2020; and also Here's the Order dismissing out other shenanigans. The case is closed! Trump v. Biden, No. 2020CV007092 (Wis. Super. Ct.) -- this was Trump's challenge to the recount in Milwaukee and Madison; and here's the proof that the docket was closed. Trump v. Biden, No. 2020AP2038 (Wis.) -- you can read the Wisconsin Supreme Court's 82-page consolidated appeal addressing the merits of Trump's voter fraud claims. Trump v. Toulouse Oliver, No. 20-01289 (N.M.) -- you can read Trump's motion to dismiss his own First Amended Complaint. Trump v. Boockvar - you can read Trump's cert petition in the Pennsylvania consolidated cases, and view the Supreme Court's summary rejection of Trump's motion to expedite. Finally, Trump v. Biden -- you can also read Trump's cert petition in the Wisconsin case, and the Supreme Court's similar summary denial of Trump's motion to expedite. And that's it! Appearances None, have us on! -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

Andrew went through the ENTIRE list of 143 people pardoned by Trump in his final act as president, and he's got the full breakdown for us! He also answers some questions on a lot of people's minds - Can pardons be revoked? And could Trump have 'secret pardoned' himself? Listen and find out! Links: Legal Eagle Can Pardons Be Revoked or Rescinded?, 1937 Fordham article The Pardoning Power, Rose's notes on the Constitution 1904, Trump's Pardons, 44 US Code § 2201, 44 U.S. Code § 2203

In case you missed it, we have a president now! Andrew gives us the full deep dive on his first day in office and all the harm reduction the administration has already achieved! Links: All the Biden Executive Orders, Trump's stupid Reducing Regulation and Controlling Regulatory Costs and Enforcing the Regulatory Reform Agenda and Evaluating and Improving the Utility of Federal Advisory Committees, Board of Scientific Counselors - ATSDR, Trump Promoting the Rule of Law order, Executive Order 13,891 Sub-Regulatory Guidance Document Portal Tops 70,000 Entries, 18 U.S. Code § 207, FACT SHEET: President-elect Biden's Day One Executive Actions

More consequences! This time it's for Lin Wood, absolute clownhorn and terrible attorney responsible for some of the worst election suits. A judge in Delaware issued him quite the smackdown, by lawyer standards. Then we talk with Jamil Favors, who you will remember from our Georgia Election Fundraiser! Jamil was the Deputy Voter Protection Director for the DSCC. We talk about how election night went for him and also what the future holds. Which state might be the next Georgia? Links: Page sues Oath, Inc, Wannabe Biglaw Firm Closes Its Doors, Dallas-Based Attorney To Represent Kenosha Shooter, Lin Wood Argues Kenosha Shooting Was Justified By … Second Amendment?, Delaware Judge sua sponte order, Judge glorious smackdown

Due to recent political victories and incredible hard work, consequences DO exist! First, Andrew breaks down that viral tweet which really misrepresented what the results of an impeachment conviction would be. While there will be consequences if Trump is convicted, the viral tweet doesn't capture it correctly. But that's not all! Many people have been talking about using the 14th amendment to expel traitorous Republicans, but Andrew is here to... CONFIRM THAT WE CAN! It's great news, and the case history is super fascinating. Links: The resolution, 25th amendment resolution, former presidents act, 3 US Code § 102, 14th Amendment history, FORGOTTEN CONSTITUTIONAL LAW OF TREASON, Morton Stavis, Berger v. U.S., 255 U.S. 22 (1921), Powell v. McCormack, 395 U.S. 486 (1969), Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments, The Forgotten Constitutional Law of Treason, Standard Form 86, @NatlSecCnslrs

Just when you think shows can't get any more positive, we've got another happy one for ya! It's perfect phone call #2 (that we know about) and Andrew thinks there is a rock solid case for Trump for prison! Before that we discuss Marcus's motion to withdraw. He wrote a conspiracy BS article in the Federalist that we can't even link on Twitter because it gets blocked. Links: Trumps full phone call, Turley: It’s legally absurd to claim Trump committed crime in call with Georgia election officials, Georgia Code 21-2-604, 21-2-562, § 45-11-1

We are SO happy about the election results in Georgia that not even that fascist scum who invaded our nation's capitol can keep us down! Today Andrew gives us a refresher on the 25th Amendment, we also discuss the timing of the Senate seats and when they take effect. On the treason side of things, the Gohmert lawsuit was dismissed. Then we gush about the Georgia news and share some tear-jerking stories of how our listeners came through in a huge way for Democracy! Links: Adam Kinzinger (R-IL) publicly called for 25th, OLC memo 1985

This has been a truly disgusting day in American history and we felt the need to do an emergency live stream special. Here's the audio!

Nearly a dozen Republican Senators including Hawley and Cruz are still planning on trying to overthrow the results of the election. The exact same election results that, you know, elected many of them. Andrew gives us the quick breakdown of that and explains why it isn't going to work. We also discuss comparisons to 2004 and 2016. Our main segment is a classic OA Signature Deep-Dive (tm) on litigation hold letters, inspired by the very aggressive one sent by Dominion to star Giuliani witness Melissa Carrone. As much as she may deserve scorn, Andrew argues that Dominion is perhaps crossing a line with this letter. Find out why! Links: 3 US Code § 15 - Counting electoral votes in Congress, 2004 Electoral College Results, Democrats challenge Ohio electoral votes - Jan 6, 2005, Dominion lawyers sent this BRUTAL letter to Mellissa Carrone

Tons of info in today's New Year's show! First we take a look at Trump's horrendously corrupt pardons, focusing on his attempt to pardon Paul Manafort's money back to him! Then we give you the breakdown on the latest Sidney Powell "expert" to be unmasked. Hope you're sitting down... she's NOT qualified in any way. Finally we talk about what's going on with the COVID relief bill and the National Defense Authorization Act. Far left publications have been critical of Senate Democrats, but Andrew explains why this is completely bad faith. Links: Legal Eagle The Political Depravity of Unjust Pardons, Manafort Pardon, Ex parte Garland 71 U.S. 333 (1866), Terpsichore Affidavit, WaPo Sidney Powell secret witness is Terpsichore Maras-Lindeman, her prior fraud, Veto Override Procedure in the House and Senate, Ohio Senator Brown Joins Sanders in Delaying Senate Holiday Over $2K Stimulus Checks

Today's show involves two bills that Tulsi has introduced... BUT NOT BOTHERED TO WRITE. For real. They are entirely for vice-signaling purposes and contain no substance. However, Andrew is here to give us a deep dive on what the implications and background are. One involves Section 230 (which Andrew has been dying to tell us about!) and the other is about trans-women and sports. It's... no good. We contrast Tulsi's garbage with an important trans-rights decision. So, it's a good news ending! Links: 47 U.S. Code § 230, Reps. Gabbard & Gosar Introduce ‘Break Up Big Tech’ Bill, Tulsi's Bill H.R.8922 has no text, Reps. Gabbard and Mullin Introduce Bill to Ensure Title IX Protections for Women and Girls in Sports, H.R.8932 also has no text.

Andrew and AG from Mueller She Wrote teamed up for a QnA to test a new platform and we thought it would be fun to share here! Note: because Thomas wasn't involved, the audio quality is terrible. Yes this is Thomas typing this. But, it's workable and who doesn't love listening to Andrew and AG! They discuss Trump's corrupt pardons, the NAACP suing Trump for violating the Ku Klux Klan Act, and more!

HO HO HOOOOOOOOOrribly inadequate stimulus checks! The omnibus spending bill is still in limbo as a result of Trump's veto, but Andrew still has the deep dive on what's in this 5600 page monstrosity! It's not great, but there are reasons to be positive on the improvements made over the last bill. Also Andrew tells us what's going on with the "Red Slime" lawsuits against some Fox News personalities who spread misinformation about voting machines. Links: Our amazing fundraiser!, new bill, house amendment to the bill, Red Slime lawsuit filed in CO, The ‘Red Slime’ Lawsuit That Could Sink Right-Wing Media

Recently, friend of the show Randall Eliason published an opinion piece for the Washington Post that got a ton of pushback. We voiced our strong disagreement to it on OA443: The (Terrible) Case Against Indicting Trump. We're very pleased to have Randall on the show to have a lively debate on the topic! Make sure to listen to part 1 if you haven't heard it yet! Appearances Andrew did QnA on my new game channel, check it out here! -Support us on Patreon at: patreon.com/law -Subscribe to the YouTube Channel and share our videos! -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at [email protected]!

COME WATCH OUR LIVESTREAM TO "GRAB 'EM BY THE GAVEL" AND TAKE BACK THE SENATE! Sunday at 4pm eastern! Donate here! In what will surprise no one who listens to this show, Sidney Powell's double secret expert military intelligence witness on election theft is.... a dude named Josh who is actually none of those things. Andrew takes us through the latest from the top notch legal team trying to overturn the election, and how it differs from actual lawsuits filed in Georgia for good reasons. Links: Spyder affidavits, FRE rule 702, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), WaPo: Sidney Powell’s secret ‘military intelligence expert,’ key to fraud claims in election lawsuits, never worked in military intelligence, real law suits: Plaintiff, v. MIKE KAPLAN, SU20CV0594, 20-CV-003112, 2020V123366K, Calendar law: Georgia Code Title 21. Elections § 21-2-385, § 21-2-14

Recently, friend of the show Randall Eliason published an opinion piece for the Washington Post that got a ton of pushback. We voiced our strong disagreement to it on OA443: The (Terrible) Case Against Indicting Trump. We're very pleased to have Randall on the show to have a lively debate on the topic! We went so long that there is a part 2 airing next week! Make sure to become a patron and gain access to part 2 very early!

There aren't words harsh enough to describe how disgusting, anti-American, and undemocratic the Texas v. Pennsylvania complaint is. Believe me, I checked my thesaurus. 18 Republican attorneys general have joined in this horrific, garbage attempt to keep their emperor Trump in power despite the wishes of 80+ million voters. We get Andrew's deep-dive, as he's as angry as he's ever been (which sounds pretty much like normal Andrew.) Before that, we talk about the closing of the Flynn case, and how Opening Arguments is now super famous for having influenced Judge Sullivan! Links: Flynn final order, compare p 21 with our brief, Texas v. Pennsylvania, Arizona v. California, Arizona insane amicus brief, Trump motion to intervene, terrible constitutional attorneys amicus, Foster v. Love

According to the new fundamentalist majority on the Supreme Court, churches have the right to spread COVID as much as they damn well please and no one is allowed to tell them otherwise. Andrew Seidel is back on the show to give the full breakdown of just how terrible Roman Catholic Diocese v. Cuomo is.

Trump is looking poised to pardon everything not nailed down on his way out of the White House. You've got pardons in exchange for bribes, run-of-the-mill corrupt pardons, preemptive pardons(?), family pardons, and god knows what else. Andrew breaks it all down for us! Also an update on state certification (IT'S OVER, BEAST!) Links: Election results certification dates 2020, Court filing on DOJ pardon investigation, Trump Has Discussed With Advisers Pardons for His 3 Eldest Children and Giuliani, Can Trump Pre-emptively Pardon Allies or Himself? Clemency Power, Explained, Flynn Pardon, Clint Lorance pardon, FIRST BLACK ARMY OFFICER IS PARDONED BY CLINTON

Friend of the show Randall Eliason wrote an op-ed for the Washington Post called "The case against indicting Trump." Both of us on the show strongly disagree with the arguments presented and humbly submit our enthusiastic rebuke of it. Before that, Andrew answers the clickbaity question of whether or not Trump made a major mistake in pardoning Flynn. As with all clickbait, the answer is no. Finally, we briefly touch on the terrible new decision out of the Amy Coney Barrett era that is our new hell. Links: Last election nail, Biden hopes to avoid divisive Trump investigations, Federal Prosecution of Election Offenses Seventh Edition May 2007, REPORT SELECT COMMITTEE ON INTELLIGENCE UNITED STATES SENATE, 20A87 Roman Catholic Diocese of Brooklyn v. Cuomo (11/25/2020)

Happy Thanksgiving! Just like the criminals of the Trump era, Opening Arguments never stops. Just as we went to record, Trump pardoned Flynn via Tweet. Andrew gives us his thoughts on that. Then we cover a couple more things Andrew was right about that should reduce your blood pressure a little! (and one thing that might raise it..) Our main segment is about how Lindsey Graham likely broke several laws in his attempts to influence the vote counting in this election. What's more, there are several things we can do about it! Find out! Links: 3rd Circuit letter, GSA ascertainment letter, Election results certification dates, 2020, OA325: Putin's Puppet? The Open Skies Treaty, Trump administration pulls out of Open Skies treaty with Russia, False Positive Rate for Signature Matching, 52 US Code § 10307 - Prohibited acts, 52 US Code § 10308 - Civil and criminal sanctions, 2010 Georgia Code :: TITLE 21 - ELECTIONS, 2010 Georgia Code :: TITLE 45 - PUBLIC OFFICERS AND EMPLOYEES, US Senate: About Expulsion, No Senator Has Been Expelled Since 1862

He still lost, folks! It's over. In our main segment today, we discuss the Electoral College calendar and when things are finally set in stone. But what about faithless electors??? We've got an Andrew for that too. This episode should help you feel fine about the fact that Trump still lost. In the first segment we talk about a few things Andrew nailed his predictions on, including Chad Wolf and Kathryn Kimball Mizelle. Links: Chad Wolf not lawfully appointed, Chris Krebs, List of federal judges appointed by Donald Trump, OA420: DoJ Defending Trump in Carroll Case?, Aaron Reichlin-Melnick on Twitter: "She is also the wife of Chad Mizelle", OA379: Trump's Contempt for the Press & Husch Blackwell, Trump campaign agrees to drop its defamation lawsuit against a tiny Wisconsin TV station, The Electoral College, Election results certification dates, 2020, Arizona Revised Statutes § 16-648 (2019).

Rudy Giuliani is as bad at being a lawyer as he is at wearing a believable human suit. Both of these shortcomings were on full display this week as Trump's top lawyer continued to not only lose case after case, but also display an impressive ability to not have any idea what any legal term actually means. Also in this episode, Andrew tells us about the Kim Davis of this election - GSA Administrator Emily Murphy. Murphy can't seem to understand which number is bigger than the other. Then ace associate Morgan Stringer joins us to provide a few highlights of Giuliani's insane ramblings. She listened so that none of us have to! Links: 3 U.S.C. 102, CFPB Announces Additional Member of Taskforce, The Law of Presidential Transitions and the 2000 Election, Lawsuit tracker: Trump’s battle faces skepticism from judges, Marks v. Stinton.

It's a 97% Trump-free episode! First we have to cover the bullet points Andrew foolishly thought we could get to last week, including questions like: does a 50-50 Senate mean no more Majority Leader McConnell? and what consequences should there be for law firms that take Trump's money and file frivolous election lawsuits? and more! Then we get to the main signature deep dive, and it's not a happy one. ***content note: this episode contains discussion of sexual assault.*** Some Jehovah's Witnesses church leaders emotionally abused a rape victim, who was a minor, and she very justifiably sued them. But the backwards-ass Mormon judges of Utah conveniently decided churches can do... whatever. While this is likely to be overturned by the Supreme Court, it also might damage Church-State Separation along the way. Links: Jones Day Statement Regarding Election Litigation, Snell & Wilmer withdraws from election lawsuit, Jehovah's Witnesses Lawsuit, Court hears case of woman suing Utah Jehova's Witnesses over rape audio.

While it cannot be overstated how disgusting, unpatriotic, anti-American, and anti-Democratic this pathetic coup attempt by Trump and Republicans is, it also has no chance of working. At least, according to our resident optimist, Andrew Torrez! Before that, Andrew gives us the breakdown on the Affordable Care Act case, and why the media might be completely wrong in how they're covering it. Links: California v. Texas, best Trump case still terrible, Montgomery County Election Results, 25 P.S. § 3150.16, 25 P.S. § 3150.14, In re Recount of Ballots (Pa. 1974)

As always, we can't emphasize enough how important it is to win the two Georgia runoffs, but today's show covers why we COULD still win in North Carolina. It involves court thingies. Then in the main segment, Andrew tells us how exactly Biden can play hardball in the event that we don't win the Senate. There's still a lot we can do. Biden's administration had better be show listeners because this is top notch free legal consulting! Links: 4th Cir. on North Carolina Ballots, Wise v. Circosta, OA415: DeJoy's Illegal Dismantling of the USPS, NAACP v USPS, 5 US Code § 3345 - Acting officer, 15-1251 NLRB v. SW General, Inc, 5 US Code § 3346 - Time limitation, 5 US Code § 3349a - Presidential inaugural transitions, 5 US Code § 3349c - Exclusion of certain officers, Fed Figures 2014: Federal Workforce, Demographic Profile of the Federal Workforce, As of September 30, 2010, L.M.-M., et al., Plaintiffs, v. KENNETH T. CUCCINELLI II, Legality of Service of Acting Secretary of Homeland Security, OA61: Flyin' the Friendly Skies

Biden is all but assured victory, and despite the election not going nearly as well as we'd hoped, there's still a chance to take the Senate! However, Trump is throwing every terrible legal challenge he's got at the problem. Andrew breaks down why they're all incredibly stupid and doomed to fail. Links: SIO263: Not the Worst Possible Outcome, But Close, Slate - A Large Portion of the Electorate Chose the Sociopath, Georgia Code § 21-2-501, Trump lawsuit Michigan, Trump's lawsuit Pennsylvania, Trump Lawsuit Georgia, OA25: Could Jill Stein Decide the Presidency? (No.), Wisconsin Statutes § 9.01 (2019) — Recount, Georgia Code § 21-2-495 (2019) - Procedure for recount or recanvass of votes, 2019 Georgia Code: Contested Elections and Primaries.

This is an emergency mini-episode in which Andrew breaks down all the events surrounding Hotze v. Hollins, which is the case involving Republican efforts to throw out 127,000 early votes in Harris County, Texas – which has nearly five million people and includes almost all of the city of Houston.  It’s (mostly) good news, and we go through all the appellate stuff, too.  Stay an Optimist Prime today! Links: Hotze v. Hollins order by District Court Judge Hanen. Plaintiff’s request for emergency relief in the 5th Circuit. News story re: 7 Pennsylvania counties that won’t count mail-in votes on Election Night

That's right, EVERY state. So if you, or anyone you know, is doing the "eh my vote doesn't matter because I'm in x state" NO. STOP. Listen to this episode and share it with that person who needs it! It really matters! Links: Congressional Elections in Presidential Years: Presidential Coattails and Strategic Voting, Why Pennsylvania’s Vote Count Could Change After Election Night, How election votes and data for 2020 are collected at NBC news, Head of Fox News Decision Desk: Why results in swing states likely won't be known on election night, Control Of Redistricting Is Up For Grabs In 2020.

Kavanaugh, in a disgrace of an opinion, just signaled that he and enough of his fellow hack justices are willing and able to hand a disputed election to Trump. Andrew has the full breakdown, and what we can do to stop it. But that last part is very obvious: vote vote vote vote vote vote vote vote. IT IS NOW TOO LATE TO MAIL IN YOUR BALLOT. So in the first segment, we go over every which way you still are able to vote even if you've got a mail-in ballot you have yet to drop in the mailbox. Links: Even Fox News says results won't be know on election night, I Will Vote.com, Slate - Naked ballots, signature mismatch, and other pitfalls to avoid when voting by mail, NYT How Long Will Vote Counting Take? Estimates and Deadlines in All 50 States, Wisconsin §6.86(6), OA425: 'The Election That Could Break America' ???, Trump’s Upcoming Refusal to Leave Office: The Very Bad News, Preparing for a Disputed Presidential Election, Supreme Court 2020 Opinions not up currently for some reason, How to Accommodate a Massive Surge in Absentee Voting, Lawfare blog Reducing One Source of a Potential Election Meltdown, North Carolina Injunctive Relief Denied.

It's a Tr*** free day here at OA! Not even one mention of that entity. It's all about some major stories in the law. Google has been sued by the DoJ and a number of individual states for unlawfully maintaining monopolies for search services. And Purdue Pharma has reached a plea agreement involving billions of dollars. One of these is good and the other... isn't... Listen to the Andrew Torrez Mr. Fantastic Signature Breakdown to found out! Links: Google Complaint, 15 US Code § 2 - Monopolizing trade a felony, Purdue Pharma plea deal

In a steroid-induced haze, Trump may have inadvertently declassified all Russia documents by Tweeting: “I have fully authorized the total Declassification of any & all documents pertaining to the single greatest political CRIME in American History, the Russia Hoax. Likewise, the Hillary Clinton Email Scandal. No redactions!” BuzzFeed News jumped on the opportunity and took Trump to court. Andrew has the full break down! Before that, we talk about updates in the E. Jean Carroll case. That case centers around the (for some reason) difficult question of whether or not slandering your own sexual assault victim is somehow within your job duties as President. Links: OA420: DoJ Defending Trump in Carroll Case?, Carroll's opposition, Trump reply, Oral argument scheduled for 10/21, BuzzFeed v DoJ, Leopold Reply, ACB responses to QFR, Senate Rule III, Pennsylvania decision, Alabama decision

The Trump administration was given a victory in the courts regarding the census. It's absolutely bad news, but Andrew has a plan for that! Ok, ok, it was Elizabeth Warren's plan, but Andrew breaks it down for us! It's a one weird trick that actually will work, assuming that we win in November. Before that, we've got yet another Mazars update. It's going exactly how Andrew told us it would go, and that's... not great but also not bad. Links: Trump v Mazars application for stay, US v R Enterprises porn case again, Ross v. National Urban League, Warren's Census plan, 13 US Code § 141 - Population and other census information, Mid-Decade Census, 2015 Census.

Andrew watched the hearings so you don't have to! What is super-precedent? And did ACB really rule that an employer using the n-word wasn't hostile or racist? We've got the full breakdown! Before that, we have an excellent listener question on potential federal laws on things like Roe V Wade after the Handmaid's Tale Court takes away reproductive rights Links: McGahn petition, Article 1 sec 8, OA309 Stormy Daniels, CA v Texas, gov't opposition, Sinclair George Mason Law Review Article, Richmond Medical Center v. Gilmore, Smith v Illinois Dep't of Transportation, ACB questionnaire, 42 US Code § 2000e–2 - Unlawful employment practices.

As we say often... there's no sugar coating this one. Alito and Thomas shouted their pathetic homophobia from the bench in a concurrence recently. What was the ruling, you ask? No ruling. It was a concurrence on a denial of cert for a case involving - wait for it - Kim Davis. Yes, that Kim Davis. The case was so stupid that not even Alito and Thomas could get behind it, but they went out of their way to yell the quiet part as loudly as they could. Andrew has the full breakdown of what happened. Oh, uh, apropos of nothing... WE NEED TO WIN THE PRESIDENCY AND THE SENATE BACK. In happier news, Naomi Andrews is here to tell us all about the Access for All Conference Andrew will be speaking in! (Use code: openargs) Links: Obergefell, Kim Davis's Idiot Case, Zablocki v. Redhail (1978).

The government has been caught doing some really absurd things to the benefit of Michael Flynn, including sneaking in post-it notes and lying on Brady material. Andrew's got the full breakdown for us. After that, we talk about Trump losing again in court in Trump v. Vance! Links: Access for All Conference, code: openargs, Whitmer kidnapping complaint, Goelman and gov lying on notes, more lying on McCabe, sticky notes, lying on Brady material, exhibit, yes tweets are official, DC cir en banc ruling, Trump v. Vance 2nd cir, Mazar's briefing schedule, US v R Enterprises.

No matter how many Republicans get COVID, McConnell will still find a way to confirm his new justice. So, Andrew has a signature deep dive on Barrett's most significant cases. The news, as always, isn't good. Links: ACB Questionnaire, ACBarrett supported group that said life begins at fertilization, Doe v. Purdue, Understanding Judge Barrett's Opinion in Doe v. Purdue, Rainsberger v. Benner, 913 F.3d 640 (2019), Grussgott v. Milwaukee Jewish Day School, 882 F.3d 655 (7th Cir. 2018), Wallace v. Grubhub, 970 F.3d 798 (7th Cir. 2020), AF Moore & Associates v. Pappas, 948 F.3d 889 (7th Cir. 2020), Casillas v. Madison Ave Assocs Inc., 926 F.3d 329 (2019), EEOC v. Costco, 903 F.3d 618 (7th Cir 2018).

We're still mad about Breonna Taylor's killing, and you should be too. A juror has come forward to say that the AG misrepresented the deliberations. We're like to get the tapes soon, but as of now we don't have them. We clarify and expand on a few things from our previous Breonna episode. Andrew also does a mini dive on the disproportionate racial breakdown of our prison population. In our main story, we talk about the blockbuster story by the NYT on Trump's tax returns. Andrew answers whether the NYT is in any legal trouble for the article, and we go into the horrifying contents of Trump's returns. Links: Breonna's family's civil suit, BOP Statistics: Inmate Race, Gap between number of blacks, whites in prison narrows, Imprisonment rate of black Americans fell by a third from 2006 to 2018, How to reduce the federal prison population, Trends in US Corrections, Immigration sends more people to federal prison, 21 US Code § 841, OA45: What Could Donald Trump's Tax Returns Tell Us?, OA46: What Could Donald Trump's Tax Returns Tell Us? part 2, Trump Paid $750 in Federal Income Taxes in 2017, 1st Presidential Debate Transcript 2020, trump public disclosure 1, 2, 26 US Code § 172 - Net operating loss deduction, 2017 tax bill, NYT v. US, Bartnicki v. Vopper (2001), OA200: Reporters and Confidential Sources, OA201: Follow Up Friday!, The BALCO reporters shielded a lying lawyer. They are no heroes., Absentee and Mail Voting Policies in Effect for the 2020 Election.

Let's talk about that Atlantic article that has really been scaring people. Andrew brings us his signature deep-dive, and why he's slightly optimistic that the fears in the article won't ultimately be borne out. Up first, we preview a topic for another time, this really interesting lawsuit against Facebook regarding the Rittenhouse shootings. Links: Trump will see what happens, Presidential Emergency Action Documents, OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!, 19-465 Chiafalo v. Washington (07-06-2020), Faithless Elector State Laws, Trump’s Upcoming Refusal to Leave Office: The Good News, Trump’s Upcoming Refusal to Leave Office: The Very Bad News, Vox Will Trump leave office if defeated?, law review: preparing for a disputed election, 3 U.S. Code § 2 - Failure to make choice on prescribed day, 3 U.S. Code § 5 - Determination of controversy as to appointment of electors, 3 US Code § 15 - Counting electoral votes in Congress, Atlantic The Terrifying Inadequacy of American Election Law, Bush v. Gore.

The law worked... how it's designed to work. Andrew gives us the breakdown on what happened, and what didn't happen. After that, Andrew has the deepest of dives on Amy Coney Barrett, the odds-on favorite to be the next fundamentalist Justice on the Supreme Court. Links: Your homework for next episode What If Trump Refuses to Concede?, Hankison indictment, Kentucky Penal Code § 508.060, 431.073 Certain felony convictions may be vacated, Coney Barrett cult People of Praise, Catholic Judges in Capital Cases, Transcript: JFK's Speech on His Religion, Kanter v. Barr Addition Coney Barrett stuff: US Equal Emp't Opportunity Comm'n v. AutoZone, Inc., 860 F.3d 564, EEOC v. AutoZone, Incorporated – CourtListener.com, Schmidt v. Foster, 891 F.3d 302.

*note that this episode was recorded before RBG's death and the resulting tenfold increase in existential doom feelings* If you're a keen listener, you might remember last time we had Prof. Randall Eliason on, he teased his forthcoming Great Courses Course! Well, it has now forth-come. Here's his new course! It's on White Collar Criminal Law, and boy does that sound relevant to.. *gestures broadly at the entire current administration*. In the first segment we answer whether or not Trump could be charged with manslaughter for all the slaughtering of man he did by lying about COVID-19.

RBG has died. This is terrible. Absolutely, unambiguously terrible. We were already recording something else when the news broke, so we decided to stop that recording, and give you our live, unfiltered reaction to the news. This is not a tribute to RBG. We are going to regroup and make sure we properly honor her immense legacy at a later time. This is a very human, fearful reaction to the awful news. Andrew breaks down the situation, and what is likely to happen. Keep in mind, he successfully predicted the last two Supreme Court appointments before they happened. We hope this episode helps you process. Let's all be a little kinder to each other today. We truly love our OA community and we are so unbelievably thankful for the great work so many of you are doing to fight for a better future.

Certified supervillain Bill Barr has a new plan to arrest protestors for sedition and subversion. How worried should we be about this? What's the legal basis? As always, we've got the full breakdown! Before that, we briefly preview a horrifying story about possible eugenics being perpetrated by ICE. It's horrendous. We hope it's not real, but unfortunately... it might be. We also give some updates on the government taking over for Trump in the E. Jean Carroll case. Links: DC v. Ballenger, 28 US Code § 1447 - Procedure after removal generally, Barr Tells Prosecutors to Consider Charging Violent Protesters With Sedition, Harry Bridges - Wikipedia, 18 US Code § 2385 - Advocating overthrow of Government, Dennis v. U.S., 341 U.S. 494 (1950), Robert G. Thompson, Brandenburg v. Ohio (1969), 18 US Code § 2384 - Seditious conspiracy, US v Rahman, 189 F. 3d 88 (2nd Cir. 1999), Omar Abdel-Rahman.

There's no sugar coating it: the wheel of justice was so f***ing slow it couldn't do anything to Trump in 4 damn years. Come on in and hear the breakdown of the breakdown of justice. In our second segment we discuss even more crimes that Trump was shown to be guilty of in the Mueller Report. Yes, the Mueller Report. It was NOT total exoneration, or really any kind of exoneration, as it turns out. Links: Tatel, weakest emoluments case; covered in OA361: DC Sides with Trump in Emoluments Case?; and OA391: Republicans Are Still Trying To Break the Government, Part Eleven Billion; DOJ opposition to cert; DC & Md v Trump discussed on OA386: The Opening Arguments Amicus Brief!; interlocutory appeal 28 US Code § 1292 - Interlocutory decisions; CREW v. Donald J. Trump; lost initially Case 1:17-cv-00458-GBD Document 103 Filed 12/21/17; won after 1.5 years CERTIFIED COPY ISSUED ON 09/13/2019; Leopold/Buzzfeed FOIA Lawsuit denied; Less Redacted Mueller Report; part 2; OA324: Trump's 9 Crimes and Misdemeanors

You've likely seen the headlines saying the DoJ wants to take over defending Trump against E. Jean Carroll, but you haven't heard it properly explained by our esteemed P. Andrew Torrez! So what's happening and is it normal? The answer might actually surprise you... We also talk a little about Bob Woodward's recordings of Trump and how totally awesome it is that he kept them secret for 7 months to sell his book. Links: Another Trump Judge Rate Not Qualified; Carroll v Trump; SDNY Docket; DoJ Statement for Intervention; 28 USC 2679; 28 U.S. Code § 1446 - Procedure for removal of civil actions.

Did Neil Gorsuch and his 4 flaming liberal friends in the Supreme Court just give away half of Oklahoma? Ted Cruz thinks so, so that should tell you. But if you want to really know what happened, check out this Andrew Torrez Signature Deep Dive! In our first segment, we talk about whether any new information has changed our view of the Rittenhouse killings. Is Rittenhouse a terrorist? Is there any reasonable self-defense claim? Links: U.S. v. Thomas, 34 F.3d 44 (2d Cir. 1994); United States v. Alvarez, 755 F.2d 830, 842-43 (11th Cir.); 474 U.S. 905, 106 S.Ct. 274, 88 L.Ed.2d 235 (1985); Postal Service Has Paid DeJoy’s Former Company $286 Million Since 2013; Did We Give Away Half of Oklahoma? | LegalEagle’s Law Review; Idiot Ted Cruz on Twitter; Plan of action remains unsettled after McGirt decision.

Our main story today is how the DC Circuit Court has helped Trump successfully avoid accountability until after the election. You may remember Don McGahn from such investigations as Robert Mueller's. McGahn refused to cooperate at all with the House's impeachment investigation, under the complete nonsense theory of absolute immunity. Andrew breaks down what happened and gives a signature deep dive on House subpoena power! Our first segment is some good news and "Andrew was right" about the Flynn case. It could mean the Return of the OA Brief! Links: Feb. 2020 McGahn ruling; OA366: Your Guide to the Coronavirus!; Committee on the Judiciary v. McGahn; 8-31-20 McGahn ruling; McGrain v. Daugherty, 273 U.S. 135 (1927); order staying the mandate.

Be warned, this episode contains explicit language and Trumpian hypocrisy. Given that the RNC was basically a 4-night Hatch Act Violation Spectacular, Andrew is delivering us the Hatch Act deep-dive we need. Joining us to talk about her personal experience with the Hatch Act is Allison Gill of Mueller She Wrote! That's right, now that she was fired from her government job, "AG" is now unmasked! Links: Hatch Act; penalties for violation; 10 U.S.C. § 973 and 18 U.S.C. § 593 pertaining to military; CREW v. OSC on Kellyanne Conway.

17 year old murderer Kyle Rittenhouse was treated as a friend by the police even after he killed two people. Jacob Blake was shot in the back 7 times despite being unarmed. The difference? You already know it. Andrew gives us the breakdown of what happened, and what possible legal defenses we might see from Rittenhouse and the horrible right wingers who are already embracing him. In the first segment, we get a positive update on the USPS from a listener. And in the final segment, we get more positive news, this time from the Gavin Grimm case we've previously covered. References: USPS - 18 U.S. Code § 1703 delay or destruction of mail; House bill to repeal pre-funding mandate; expedited to street/afternoon sortation; New York v Trump; Trump's win rate is terrible. Kenosha - Cop Identified; Wis DOJ update; Kenosha Guard calls for Armed Vigilantes; NYT Kyle Rittenhouse Timeline; Kenosha Cops Silent on Support for Militia Ahead of Kyle Rittenhouse Shooting; Cops "appreciate" militia; Kenosha Police Chiefs blames victims; arrest warrant; Wisconsin Statute: 940.01; Wisconsin Statute 939.50; Federal Charges. Grimm - OA51: The Grimm Reality About Transgender Bathrooms; OA306: From Gavin Grimm to Jeffrey Epstein; 17-1618 Bostock v. Clayton County; OA397: Explaining Bostock v. Clayton County; 4th Circuit Ruling on Grimm.

We're finally getting the deep-dive we've always wanted on the *drum roll* Unites States Postal Service! Questions answered by our esteemed Andrew include: Who is DeJoy? How is he even there? Why is the Post Service losing so much money? What's with the sorting machines and boxes disappearing? All those answers and more!

So much to discuss on today's show! Bannon busted on billionaire's boat by the boys in blue! Leaders Of ‘We Build The Wall’ Online Fundraising Campaign Charged With Defrauding Hundreds Of Thousands Of Donors. Also, Andrew gives us some highlights from the Senate Intelligence Committee Report. Despite being controlled by Republicans, this report was VERY damning.

This is not a happy episode, really, unless you enjoy Andrew completely demolishing racist birtherism crap published in Newsweek about Kamala Harris. The author is the same racist asshole who, curiously enough, wrote this: Ted Cruz's Citizenship Makes Him Eligible to be President. Ted Cruz wasn't born in this country, but Kamala Harris was. I wonder what the difference is? Here to help debunk this racist crap is the 14th Amendment. Also Garrett Epps, The Citizenship Clause: A "Legislative History"; U.S. v. Wong Kim Ark, 169 U.S. 649 (1898); Hamdi v. Rumsfeld, 542 U.S. 507 (2004). The first segment is some things Andrew was wrong about.. and the main segment is a depressing deep dive on how John Roberts has successfully undermined reproductive rights with almost no one noticing. Dahlia Lithwick noticed though and wrote John Roberts' stealth attack on abortion rights in June Medical v. Russo just paid off. Andrew dives deeper into this and explains what happened in June Medical Services LLC v. Russo and how the 8th Circuit has capitalized on this.

Joe has made his pick and it's (predictably) Senator Kamala Harris! Andrew is bringing us an extensive, balanced deep-dive into Harris's record in the Senate, as California AG, and as a prosecutor for San Francisco. Rather than try to condense Andrew's extensive notes for this one, I'm linking them. Find his sources here. Before the main segment we read a listener comment about the census, and later in the episode we bid a fond farewell to Ed Brayton, a friend of the show who passed away this week. Rest in Peace.

Returning to the show is Randall D. Eliason, a law professor, writer and commentator on corporate and white collar criminal law! We discuss the Flynn case in more depth, as well as a bribery angle on the Roger Stone commutation. Check out Prof. Eliason's Sidebars Blog. Before that, Andrew has on voting by mail. Nevada has passed a bill AB4 that Trump in challenging in a truly ridiculous way. Find out why!

In a HUGE breaking news story, the New York Attorney General has sought to dissolve the NRA over rampant corruption! The complaint is nearly a couple hundred pages, but our esteemed Andrew has already read it and has the breakdown for us in a truly rapid response Friday! Questions he answers include: what are the alleged facts? Can NY actually do this? Could LaPierre simply re-form the NRA somewhere else? And more! In the pre-segment, Andrew strongly advocates that you fill out your census! Check out this Statement By Former US Census Bureau Directors.

Jed Shugerman is a Professor of Law at Fordham University. He and his colleague Ethan Leib filed a motion before Judge Amy Berman Jackson regarding Roger Stone's commutation. They argue "that the Constitution limits the pardon power to uses that are in the public interest, not primarily for self-interest, self-dealing, or self-protection." For more information and for links to Jed's law review articles related to these arguments, check out his blog post.

Today's episode takes a deep dive into the Republican proposal to extend the CARES Act, which is (of course) called the HEALS Act. It's a Republican proposal, so you know it's probably terrible, but... how bad is it? (Bad.) Listen and find out! Remember that our LIVE Q&A is THIS SATURDAY, 8/1, at 7:30 pm Eastern / 4:30 pm Pacific! We begin, however, with some good news! The D.C. Circuit has granted en banc review and vacated the prior panel opinion in the Michael Flynn case. That means our amicus brief is (potentially) back in business, baby! From there, we take down Trump's idiotic distract-o-Tweet of the day involving postponing the 2020 Election. No. He can't do this. It won't happen. Trump's a monster, but no. Then it's time for a deep dive on the CARES Act, which includes some mystery provisions we've outsourced to you, our listeners! After all that, it's time for #T3BE, this one a (straightforward?) question about permissible witness testimony. Remember that you too can play along by sharing this episode on social media using #T3BE. Patreon Bonuses Lots of goodies, including the Q&A Questions thread and Andrew's "100 Seconds" talk to the UK Skeptics in the Pub! Appearances Andrew pops in again for an interview on The Daily Beans. And if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at [email protected]. Show Notes & Links We broke down why Trump can't cancel the election in detail in Episode 370. You can click here to read the McConnell HEALS Act proposal; here for the Rubio/Collins proposal we discussed on a second round of PPP loans; and here for the academic research led by Raj Chetty that PPP loans don't work. -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at [email protected]!

The very person in charge of Homeland Security is essentially "here illegally." The upside is, though, there is a one weird trick to undo everything he has done while overstaying his tenure! And by "trick" we mean a lengthy A. Torrez deep dive, so tune in! Before that, we talk about updates in the Flynn case and how the government is LYING about a Federal Rule. Links: DOJFlynnEnBancReply, 5 US Code § 3346 - Time limitation, 6 US Code § 551 - Transitional authorities, 22 US Code § 9685 - Transitional authorities, 5 US Code § 3348 - Vacant office, National Labor Relations Board v. SW General, The Vacancies Act: A Legal Overview, DHS Under Boss, Trump's New Acting AG Unconstitutional?, Acting Officers and the Federal Vacancies Reform Act, List of Bailfunds

Listeners and co-hosts alike have been wanting Andrew to do a breakdown of the situation in Portland. There are big questions like, for example, how? and WTF? and what can anyone do? Andrew answers these and gives us the timeline of what's led to the Trump administration sending out paramilitary troops to abduct people in unmarked vans, like a totally non-fascist president would do. Before that, we talk about the gun wielding couple from St. Louis who threatened BLM protestors, and how they're totally not going to face any justice for their undeniable crimes because they are white. Links: OA307: The Census Fight Is Not Over, St. Louis lawyers Mark and Patricia McCloskey, 2005 Missouri Revised Statutes - § 571.030. — Unlawful use of weapons, St. Louis Gun Couple Charged, MO Gov Vows To Pardon Gun Couple, Supreme Court Rules - Rule 5 - Rules Governing the Missouri Bar, Acting Secretary Wolf Condemns Violence In Portland, Portland Fence To Come Down, Portland City Council votes to defund police by $15 million, Executive Order on Protecting American Monuments, Federal Officers Deployed in Portland Didn't Have Proper Training, Man Shot in Face with Rubber Bullet, Portland Roadside Abduction, Ocasio-Cortez to introduce bill requiring federal officers to identify themselves, Terry v. Ohio, 8 USC 1357, 42 U.S. Code § 1983 - Civil action for deprivation of rights, Bivens v. Six Unknown Named Agents, In re Neagle, 18 USC 242

You'll never guess which 5 justices were in the affirmative in this case and which 4 dissented... unless you've ever listened to our show, in which case you'll easily guess. Andrew discusses this decision and why the popular idea that Roberts is turning more liberal is a misconception. We also talk about the latest in Trump v. Vance and when we might see Trump's tax returns or possibly an indictment! Links: Trump v. Vance Status Report; Purkey Opinion; OA400: No, John Roberts Is Not Your Friend; Roberts Is The New Swing Justice. That Doesn’t Mean He’s Becoming More Liberal; July 2020 Bar Exam: Jurisdiction Information

AKA the Roger Stone scandal. Trump has overloaded our ability to be angry and made us swallow outrage after outrage like Joey Chestnut eating hot dogs. But don't worry because Andrew is our Upton Sinclair telling us just what the hell is in these things. This one is a doozy. The Roger Stone commutation is absolutely a scandal, and in a just world would result in a swift impeachment and conviction. Before that, we've got updates on the Flynn case. What's happening there, and will the OA Amicus Brief(s) make any difference? Find out! Some links: Rule 35. En Banc Determination | Federal Rules of Appellate Procedure; FRAP rule 40; Sullivan Moves for Rehearing En Banc; Local DC Circuit Rules; Trump Uses Pardon Power Differently Than Other Presidents, Scholars Say; Meet the Acting Pardon Attorney; OA90: Pardon Me? Yes, Donald Trump Can Pardon Himself; 7 13 20 Stone Filing Commutation; 28 CFR § 1.3 - Eligibility for filing petition for commutation of sentence; Roger Stone says McCarthy, Stefanik advocated against preelection clemency

While the SCOTUS news last episode was good, this time around it is... not that. We've had a slew of terrible decisions for anyone who believes that taxpayers should not have to fund Christianity. So, like the Founders. To ease the pain a little, we have everyone's top 2 Andrew -- Seidel! He's the Director of Strategic Response at the Freedom from Religion Foundation, an organization we encourage you to support and become a member of!

Yes, you read that correctly, we've got some good news! You may not quite have seen the two decisions reported that way exactly, but Optimist Prime Torrez believes that 19-635 Trump v. Vance and 19-715 Trump v. Mazars were decided about as well as we could have hoped or better! After that, we tackle the absolutely horrendous move by ICE to try to deport international students, and what schools are doing to try to fight back!

Today we're joined by the Legal Eagle himself, Devin Stone! Devin is suing the Trump administration, with the help of his lawyer Kel McClanahan. Devin and Kel break down for us what the lawsuit is about, and what they hope to accomplish.

Today's show could also be called "the worst good news possible" because, yes, the Supreme Court declined to completely gut Roe v. Wade (despite the fact that Roe is effectively dead in many ways), but this was not John Roberts turning into AOC. Find out why in Andrew's breakdown! Before that main story though, our first segment is about some reallllly bad news out of Florida. Remember when Florida voters came out overwhelmingly in supermajority numbers to restore voting rights to ex-felons? Yeah Republicans said "nah." We last covered this, when we thought the courts scored us a victory, in Episode 363. We also discuss the Supreme Court granting cert for some Mueller Report cases, which is NOT good news. Here are Andrew's links and references: Private Debt Collectors ad 40% to Total, Felons Can't Afford These Fines, Jones v. Governor of Florida, Previous OAs on June Medical: OA249 OA251 and OA251.5, Whole Women's Health v. Hellerstedt, OA309 Discusses Sheldon Whitehouse, Comprehensive Supreme Court Report by Sen Whitehouse and his amicus brief, Roberts Narrow Concurrence vs. stare decisis in Casey.

We've got a special treat for you fine folks today! This is the Law'd Awful Movies from last month where Thomas delivers his Amicus Brief in the Flynn case and Andrew and Morgan discuss the process of writing their brief! Heads up, this episode contains explicit language. Hope you enjoy!

Plus, Andrew breaks down (or has a breakdown over) the viral photo of a card that purportedly allows the holder to enter any business without wearing a mask. Is it real or... really stupid? Then we take a deep dive into DHS. v. Thuraissigiam, the asylum case recently decided by the Supreme Court.

This episode breaks down exactly what happened in the Supreme Court's surprising 6-3 decision in Bostock v. Clayton County holding that discrimination on the basis of sexual orientation and/or gender identity is discrimination "because of sex" under Title VII of the Civil Rights Act of 1964. It's a great decision, we tell you why, and we give you some additional insights about Neil Gorsuch. We begin by diving into the case! We tell you exactly what it does (and doesn't) mean, figure out why this case took so long to get to a decision, and how it's exactly the ruling we thought might have been possible ever since the 7th Circuit's en banc decision in Hively v. Ivy Tech that we discussed way back in Episode 60. In figuring that out, we discuss the narrow differences between "texualism" and "originalism," even though this show tends to lump them together. As part of the analysis, we take a look into Neil Gorsuch's voting patterns to see if he's a secret liberal. Hint: he isn't. After all that, it's time for the #T3BE answer on Constitutional law. Can the university fire a professor for her political views? Listen and find out! Patreon Bonuses All patrons get a special behind-the-scenes deep dive into our amicus brief! Appearances None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at [email protected]. Show Notes & Links Go ahead and read the Court's decision in Bostock v. Clayton County for yourself if you haven't yet. We discussed the 7th Circuit's en banc decision in Hively v. Ivy Tech back in Episode 60, with specific emphasis on the Flaum & Ripple concurrence. We also discussed R.G. & G.R. Harris Funeral Homes in Episode 167. -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at [email protected]!

Today's bonus episode takes a deep dive into the lawsuit brought by the Trump Administration to try and block the publication of John Bolton's tell-all book. We break down the legal arguments and tell you whether you can look forward to getting that copy you ordered or not. (And seriously, you shouldn't give money to John Bolton. He's still a scumbag.) We begin, however, with a quick Andrew Was Right! in that PG&E pleaded guilty to 84 counts of manslaughter; we told you PG&E was likely criminally liable way back in Episode 241! Then, it's time to break down the Justice in Policing Act of 2020 which just passed the House Judiciary Committee and is an unambiguously good bill. Listen and find out why! After that, it's time to dig in to both the Complaint and the motion for TRO filed by the United States on behalf of Donald Trump because John Bolton's book made Trump feel bad. Do we really live in a society in which that happened? Yes. Do we live in one in which the court will grant injunctive relief? No. Listen and find out why. No #T3BE in this bonus episode but there's lots and lots of great content! Patreon Bonuses All patrons get a special behind-the-scenes deep dive into our amicus brief! Appearances None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at [email protected]. Show Notes & Links Although the plea agreement isn't available, this Ars Technica article is a good timeline of PG&E's criminal activities; we told you PG&E was likely criminally liable way back in Episode 241! Click here to read the Justice in Policing Act of 2020 which just passed the House Judiciary Committee. You can read the Supreme Court's decision in Snepp v. U.S. 444 U.S. 507 (1980), the decision in the Pentagon Papers case, and also read the Complaint and the motion for TRO filed by the U.S. against Bolton. Injunctive relief is governed by Rule 65 of the Federal Rules of Civil Procedure. Finally, check out the NSA's pre-publication procedures. -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at [email protected]!

Today's episode might have been titled "Andrew Was Really, Really Wrong," as we break down this rather surprising week in the Supreme Court, including the Title VII cases, the Court's refusal to grant cert on any gun case, and the DACA decision. We begin with a quick Happy Juneteenth! From there, we tackle the ways in which Andrew Was Wrong, starting with the Court's decision in Bostock v. Clayton County, the consolidated case in which the Court has now held that Title VII of the Civil Rights Act of 1964 protects sexual orientation and gender identity. We promise you it isn't a poison pill; it's an unambiguously good decision. After that, it's time to talk about another thing Andrew was wrong about that's kind of flown under the radar -- the fact that the Supreme Court denied certiorari in all 10 of the pending gun cases, allowing some good rulings to stand and forestalling some bad new law on the Second Amendment. Then, it's time to break down the Court's ruling in Regents of the University of California v. Trump, the case involving whether the Trump administration can unilaterally end DACA. The Court ruled they can't -- but this decision has a number of red flags in it that we discuss on the show. After all that, it's time for a brand-new #T3BE about constitutional law and whether a religious university can fire a professor for what she writes in an op-ed? Patreon Bonuses All patrons get a special behind-the-scenes deep dive into our amicus brief! Appearances None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at [email protected]. Show Notes & Links Make sure you check out the Opening Arguments Amicus Brief if you haven’t yet. You can read the Court's decisions in Bostock v. Clayton County, and Regents of the University of California v. Trump. We discussed the importance of the Kolbe v. Hogan way back in Episode 47, and the Trump administration's approach to DACA in Episode 102. Finally, check out the Trump administration's scorecard (6-79!) in administrative actions. -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at [email protected]!

Today's show takes a deep dive into the Supreme Court, with the theme of "Shame Justice Roberts," and we recorded this... just before Justice Roberts (and, surprisingly, Neil Gorsuch) voted to affirm in the Zarda cases, recognizing that Title VII of the Civil Rights Act of 1964's prohibition "on the basis of sex" includes sexual orientation. Andrew was (happily) wrong indeed. We begin, however, with a discussion of the latest madness coming out of the Senate Judiciary Committee and how Andrew would fight it. Then, it's time for our Supreme Court roundup, which featured not only Zarda, but a look at the pending gun cases (all of which were denied) and an analysis of the South Bay Pentecostal Church v. Newsom decision permitting California to establish medical restrictions on churches and other places of public accommodation. After all that, it's time for the answer to #T3BE involving real property! Patreon Bonuses All patrons get a special behind-the-scenes deep dive into our amicus brief! Appearances None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at [email protected]. Show Notes & Links Make sure you check out the Opening Arguments Amicus Brief if you haven't yet. We last discussed the McGahn case in Episode 366. Click here to read the South Bay Pentecostal Church v. Newsom decision. -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at [email protected]!

Today's episode takes an in-depth look at the concept of an amicus brief, explaining why we filed one in the Flynn case, what it means, and what's next for the guy who sold out his country... and his partner. We begin with a brief update on the Flynn trial (in the District Court for the District of Columbia) and the mandamus action pending in the U.S. Court of Appeals for the D.C. Circuit. Then, it's time to talk about all the various amicus briefs that were filed, with special attention to a pro-Flynn brief filed by the National Association of Criminal Defense Lawyers. Why does this liberal group want Judge Sullivan to grant the government's motion? Listen and find out! After a breakdown of all the amicus, we talk about the case in which Lt. Gen. Flynn was supposed to be the star witness for the government -- the case against Flynn's partner, Bijan Rafiekian. Find out what's up next for Kian, and how this all involves friend of the show G. ZACHARY TERWILLIGER! After all that, it's time for a brand-new #T3BE, this one involving... real property. Can Thomas manage to figure out the relationship between a buyer, a mortgagor, a developer, and an unsigned deed? Listen and find out, and play along if you want on social media! Patreon Bonuses We posted six separate updates to the amicus brief in progress, and there's more where that came from! Appearances Andrew was just on the latest episode of the Daily Beans Podcast. And if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at [email protected]. Show Notes & Links Make sure you check out the Opening Arguments Amicus Brief! You can also click here for the reply brief just filed by G. Zachary Terwilliger in the Bijan Kian case. -Support us on Patreon at: patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community! -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials! -And finally, remember that you can email us at [email protected]!

Today we're joined by Gabe Roth, executive director of https://fixthecourt.com/. Fix the Court is a national, nonpartisan organization that advocates for non-ideological “fixes” that would make the federal courts, and primarily the U.S. Supreme Court, more open and more accountable to the American people. In his work, Gabe has been tracking some curious financial dealings of "friend" of the show Justin Walker. We discuss that, and other ethics questions and reforms related to the court system.