Opening Arguments

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).