
Opening Arguments
1,252 episodes — Page 8 of 26

Ep 1013Arrested on Her 22nd Birthday. She Didn't Know She Was Undocumented.
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.

Ep 1012Did the Trump Colorado Decision Make You Feel Crazy? You’re Not Alone.
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.
Ep 4T3BE Week 4! Firefighters' Rule and Interstate Commerce
bonusThomas 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.

Ep 1011MAGA Fascists Try To Ban Drag and Fail. Repeatedly.
Episode 1011 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.

Ep 1010A Tale of Two Dons in Criminal Court
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.
Ep 3T3BE Week 3! Drugs and Hearsay
bonusThomas 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.

Ep 1009Project 2025 Is Terrifying
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.

Ep 1008Embryos Are People, My Friend
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.
Ep 1007T3BE Week 2!
bonusThomas 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.

Ep 1007The Fani Willis Hearings - Your Comprehensive Guide 2
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.

Ep 1006The Fani Willis Hearings - Your Comprehensive Guide
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.

Ep 1005What In God's Name Is Happening In Georgia
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.

Ep 1004Thomas Takes the Bar Exam Returns! T3BE Week 1
bonusAt 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

Ep 1004SCOTUS OKs Execution By Nitrogen Gas Because Evil
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.

Ep 1003Bonus! These Are Not Serious People...
bonusRepublicans 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.

Ep 1003The Fani Willis Thing... How Bad Is It?
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.
Ep 1002These Are Death Penalty Cases In Traffic Court
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.
Ep 1001Thomas Takes the Podcast Back
#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.

OA860: Goodbye
Liz says goodbye.

OA859: Looks Like We Won't Have DeSantis To Kick Around Any More
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]

OA858: Trump Laywers Are Tryin' It In All The Courts
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]

OA857: Can Elon Musk Blow Up Your Right To Join A Union?
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]

OA856: Trump Tries To Delay Carroll Trial (But Not Campaign Rally!) For Funeral
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]

OA855: Trump Fraud Trial Ends, Not With A Bang But With a Tantrum
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/

OA854: Trump Lawyers Discover ONE WEIRD TRICK To Get Away With Murder! (Be President.)
"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]

OA853: The NRA Is On Trial & The Mouse Is Loose!
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]

OA852: Trump Asks SCOTUS To Put Him Back on the Colorado Ballot Despite 14th Amendment
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]

OA851: Iowa Judge Cancel Cultures GOP Book Ban
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]

OA850: Our Favorite Stories of the Year
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]

OA849: The Law Of New Year's!
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]

OA848: Trump is Off the Ballot in Colorado!
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]

OA847: Why Being A "Former" Government Official is Bad News for Mark Meadows... and Donald Trump
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]

OA846: Forget Impeaching His Dad, Will Criminal Charges Even Stick Against Hunter Biden?
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]

OA845: Immunity and Rudy, Part 2
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! 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]

OA844: Rudy and Immunity

OA843: OA Field Trip! (Plus: Hunter Biden’s Taxes) feat. Kel McClanahan
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]

OA842: Does John Eastman WANT To Be Disbarred? (Maybe.)
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]

OA841: Sometimes When The President Does It, It IS Illegal!
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]

OA840: Trump Lawyer Alina Habba Speedruns the Professional Responsibility Exam
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]

OA839: Trump Gagged, Comer Spanked, and ... Munsingwear Vacatur??
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]

OA838: Trump's Lawyers Blame China For Making Him Do That Coup & Oh Rudy
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]

OA837: BREAKING - Mike Lindell is Lying about Voting Machines (Again!)
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]

OA836: Yes, A Court Found That Trump "Incited An Insurrection" - Now What? (feat. Seth Barrett Tillman)
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]

OA835: Why Harrison Floyd Isn't Going to Jail (& More)
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]

OA834: Elon Musk Will Save Free Speech By Suing Every Media Outlet on Earth
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]

OA833: Trump Demands New NY Trial Because Liz Is Mean Online
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]

OA832: The Sam Bankman-Fried Story: Math Whiz Bets He's Smarter Than Prosecutors, Loses (feat. Mitchell Epner)
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]

OA831: Did Judge Aileen Cannon Really Rule Against Trump? (No.)
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]

OA830: Trump Eats it on the Witness Stand as Republicans Eat it at the Polls (feat. Joe Dye)
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]

OA829: More on the Classified Information Procedures Act (feat. Kel McClanahan)
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]