Opening Arguments

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?