Opening Arguments

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 Tr

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 La

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.)

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 openarguments@gmail.com!

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