Opening Arguments

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,

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

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

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

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

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

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

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

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

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

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

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

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

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

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