Opening Arguments

Today's emergency episode breaks down everything you need to know about the death of George Floyd and the charges filed against Officer Derek Chauvin in Minnesota. Patreon Bonuses We’ve got an all-new Live Q&A scheduled for Sunday, May 31 at 7 pm Eastern / 4 pm Pacific, and Patrons can click here to suggest questions and vote on the ones they want answered. Also remember that Patrons can give their input on the OA Amicus Brief! Appearances Andrew was just a guest on the latest episode of The Daily Beans. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links Please do check out how to partner with Black Lives Matter. -Support us on Patreon at: patreon.com/law -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

Today's episode breaks down the latest temper tantrum and accompanying executive order by our game show host president attacking social media platforms for having the temerity to engage in fact-checking. You're going to be hearing a lot about "Section 230" -- so we're here to tell you exactly what that means, what Trump is trying to do, and why it matters. We begin, however, with a pretty straightforward Andrew Was Right now that Tulsi Gabbard has voluntarily dismissed her defamation lawsuit against Hillary Clinton that we covered back in Episode 354 ("A Russian Asset Sues What?"). Then it's time for our deep dive into CompuServe, Prodigy, section 230 of the Telecommunications Decency Act of 1996, 47 U.S.C. § 230 -- which ended internet porn forever -- and what all of that has to do with Trump's latest tantrum over being fact-checked on Twitter. You won't want to miss it! After that, it's time for an update on the amicus brief we're filing in the Flynn case. We tell you what Flynn's best case is, and

Today's episode brings back AG of the Mueller She Wrote and Daily Beans podcasts to help delve in to all the craziness that is #Obamagate. And, as a bonus, we also discuss the five Inspectors General fired by Trump and what they were investigating. You won't want to miss this special episode! As it turns out, #Obamagate is nonsense. Who knew? After the hour-long interview, it's time to revisit #T3BE, in which Thomas decided the issue was hearsay, not spousal privilege. Did he get the answer correct? Listen and find out! Patreon Bonuses Patrons can give their input on the OA Amicus Brief! Appearances Andrew was just a guest host on Episode 123 of the Skepticrat, discussing some of these same issues. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links Check out this story on Steve Linick, the AG investigating Mike Pompeo. -Support us on Patreon at: patreon.com/law -Fo

Today's episode checks in on all the latest goings-on in the Trump administration that probably don't violate the law but do undermine the norms of 200+ years of government, from firing Inspectors General that are potentially interested in government accountability to the DOJ's refusal to turn over the unredacted Mueller Report to the House Judiciary Committee to the collusion between Bob Barr and Michael Flynn. You won't want to miss it. We begin with some pre-show news about Cory Wilson, the latest completely insane, hyper-partisan (and 49-year-old) Trump nominee for the U.S. Court of Appeals. From there, we take a deep dive into the Inspector General Act of 1978, 5a U.S.C. § 3, and the legal protections for IGs (or lack thereof). After that, it's time to check in on the latest order by the Supreme Court staying the production of the unredacted Mueller Report to the House Judiciary Committee. We explain exactly what that means and when, if ever, you should start panicking. Then, it's time for an

Today's episode features an interview with one of our favorite recurring guests, Andrew Seidel, who returns to warn us of new regulations pursuant to the CARES Act that are permitting churches to take PPP money. Yes, that means your tax dollars are literally paying the salaries of ministers, priests, imams, and the like. We also discuss what just happened in Wisconsin, where the Supreme Court invalidated Gov. Evers's stay-at-home order. Is it bad? Listen and find out! (Yes.) After that, it's time for the answer to #T3BE about when & where double jeopardy attaches. Patreon Bonuses Patrons can give their input on the OA Amicus Brief! And if you missed our live Q&A, you can check out the audio here! Appearances None! If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links If you missed Andrew Seidel's last appearance in Episode 376, go check it out! -Support us on Patreon

Today's episode marks a milestone for the show: we're going to file an amicus curiae brief in the Michael Flynn case. Find out exactly how & why we're doing this! We begin, however, with a brief update in the various emoluments cases, including an update on the two orders released this morning by the 4th Circuit en banc. After that it's time to dig into all the developments in the Flynn litigation that will lead to the filing of Opening Arguments' first amicus brief! Then, it's time for #T3BE, featuring next week's guest, Andrew Seidel! Patreon Bonuses If you missed our live Q&A, you can check out the audio here! Appearances None! If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com. Show Notes & Links The last time we broke down the emoluments clause cases was in Episode 361. You can check out the two orders released this morning by the 4th Circuit en banc (the first one is the len

Today's episode features an in-depth interview with Allison Gill of American Atheists regarding the just-released survey Reality Check, which interviews more than 34,000 nonreligious individuals, gathering data as a precursor to support specific arguments with lawmakers in terms of lobbying for recognizing atheist constituents. You won't want to miss it! We begin, however, with a bit more in-depth analysis about the nonjusticiability doctrine and how it might affect the Supreme Court's decision in the Mazars and Deutsche Bank subpoena cases -- which are being heard today by the Supreme Court! Then, it's time for our in-depth interview with Allison where we talk about discrimination against atheists, including a deep dive into the actual research that shows how atheists are treated in society -- even among educated peers. After all that, it's time for the answer to #T3BE 177 involving a noxious factory next to a residence and mini-golf. Can Thomas keep up his winning streak? There's only one way to find

Today's episode updates you on all the recent goings-on at the Supreme Court, including the advent of new, social-distancing-approved oral arguments, the Court's calendar, and today's 9-0 reversal in Kelly v. U.S., the Bridgegate case. Oh, and while we're at it, we also take on two lengthy Andrew Was (Sort of) Wrong segments! Phew! We begin with a discussion of the new procedures for SCOTUS oral arguments, and give an apology to Clarence Thomas, who's now engaged and asking questions after decades of silence on the bench. After that, it's time to take a look at the SCOTUS calendar where we check out some suspicious timing regarding the non-release of the Title VII cases as well as 10 pending gun control cert petitions. Then, it's time for a deep dive into Kelly v. U.S., which we last covered in Episode 232. Andrew thought the 3rd Circuit's analysis of "property" was plausible in that episode... and just got reversed 9-0 by a unanimous Supreme Court. Whoops! As long as Andrew Was Wrong, how about we ch

Today's episode checks back in with the status of the consolidated cases pending before the Supreme Court regarding Trump's tax returns. As it turns out, this overlaps pretty strongly with the show's "B" segment about the potential for abuse in the CARES Act. We begin with a colossal "Andrew Was Wrong" -- in which Andrew optimistically predicted we'd see Trump's tax returns in 2019. That... turned out not to be the case. So what are the odds that we'll see Trump's taxes before the November elections? Listen and find out! After that, it's time for another semi-deep-dive, and this time we're checking back in with the just-passed CARES Act as Andrew talks about a provision we missed the first time around that has the potential to... well, you'll just have to listen and find out! Then, it's time for the answer to #T3BE 176 involving burning a copy of the IRS Code. Is it illegal? If so, why? Patreon Bonuses If you missed our live Q&A, you can check out the audio here! Appearances Andrew was just

Today's episode takes two deep dives -- first, into New York's cancellation of its Democratic Presidential Primary, and second, into the Paycheck Protection Program (PPP) and efforts by scumbag payday lenders to take your tax dollars despite being parasites. We begin with a thorough examination of the DNC's Delegate Selection Rules and the Call For Convention Rules and figure out whether Bernie Sanders can get to 25% -- and why that matters. Learn why Andrew Yang's lawsuit omits what Andrew thinks is the best argument -- Rule 11.C -- and exactly how it comes into play in terms of the candidates' delegate count. We end with some optimism and a bold prediction by Andrew about the Biden campaign! After that, it's time for a deep dive into a provision of the CARES Act that we didn't cover back in Episode 372, namely, the Paycheck Protection Program. How does it operate? And how are payday lenders operating on two fronts to try and take advantage of it? Listen and find out! Then, it's time for an all-new

Today's episode... was supposed to have two bookend segments and legal analysis, but we wound up having so much fun talking to Devin Stone, the Legal Eagle himself about nontraditional careers in the law, Tiger King and Better Call Saul, and so much more! After that, it's time for the answer to the first Thomas and Devin Take The Bar Exam in which it was literally Hammer Time for two friends watching football. Did Thomas and Devin get it right or wrong? Listen and find out! Patreon Bonuses Our next LIVE Q&A is scheduled for Friday, May 1, at 8 pm Eastern / 5 pm Pacific, and you can post and vote on which questions you want to see answered! And don’t forget that we’ve released Law’d Awful Movies #39, Class Action, starring Gene Hackman and Mary Elizabeth Mastrantonio, and featuring guest performer Matt Donnelly of the Ice Cream Social podcast! Appearances Andrew was just a guest on Episode 121 of the Skepticrat, talking crazy legal stories in the news, and Episode 375 of the Scathing Atheist, b

Today's episode breaks down two significant Supreme Court decisions released this week, including Barton v. Barr (involving immigration) and Ramos v. Louisiana (involving unanimous jury verdicts). We break down each one and explain the short- and long-term implications. First, though, it's time for a bit of Andrew Was Right and Andrew Was Wrong. The good news: Texas has changed its Executive Order formerly prohibiting abortions and has now affirmed in open court that it will not use the COVID-19 pandemic as pretext for denying reproductive health rights! Best of all, this is exactly the result we've been telling you would happen over the past few weeks -- even though it took us a bit to get there. But also Andrew Was Wrong? Yeah, Andrew also has a correction to issue regarding lifetime judicial appointments in Episode 378. Then, it's time for the main segment in which we break down the Supreme Court's completely predicable -- and utterly unjustifiable -- 5-4 decision in Barton v. Barr to restrict the re

Today's episode features a deep dive on a completely frivolous lawsuit filed by Donald Trump against a Wisconsin TV station for simply airing an ad created by Priorities USA that... uses a pastiche of Trump's own words talking about COVID-19. Learn why Trump (and his corrupt lawyers at Husch Blackwell) are transparently trying to silence any public criticism of this President. First, we begin with an update on the various emoluments clause cases and we learn a) the status of all three cases and b) why none are likely to be decided before the next Presidential election. Then, it's time for that deep dive into Trump for President, Inc. v. Northland Television d/b/a WJFW-NBC, a nonsense lawsuit designed to intimidate a local TV station for airing a garden-variety attack ad against Trump's handling of COVID-19. After that, it's time to decipher whether Trump can actually de-fund the World Health Organization (WHO), as he's threatened. (Hint: no.) Then, of course, it's time for the answer to a thrilling

Today's episode breaks down the latest threat by Donald Trump to "adjourn" the House and Senate, and explains why a) you shouldn't be scared and b) he's unlikely to do it. This is a stunt designed to distract us from how badly Trump has handled COVID-19; we recognize we're sort of falling for it, so we're bringing you a deep dive on appointments and good news as well! We begin, however, with that good news, including an update on the HUGE VICTORY for the forces of democracy in Wisconsin in the aftermath of the Supreme Court's shameful decision that we discussed in Episode 376. And, to pile on, we talk about good news in all of the abortion cases, even those in Texas! After that, it's time for the main segment breaking down whether Trump can adjourn the House and Senate (probably), whether he will (almost certainly not), and why not (because there's not much to be gained and a ton to risk). Along the way, we'll do a deep dive into NLRB v. Noel Canning, a 2014 Supreme Court decision that constrains Presid

Today's episode features one of our most-requested return guests, AG of the Mueller She Wrote and Daily Beans podcasts. AG joins us for "Below the Radar," stories that you might have missed while your eyes glazed over during the 11th consecutive coronavirus press conference. We begin, however, with a nice grab-bag of Andrew Was Rights (and Wrongs, sadly) from the Carolinas to Illinois to the CARES Act to the sad and perhaps inevitable ascension of 37-year-old Federalist Society hack Justin Walker, Andrew Was... Something. After that it's time to welcome on AG to discuss a recent ruling requiring the Trump crime syndicate in both their individual and corporate capacities to actually litigate claims rather than shunt them off into arbitration. Andrew and AG break down the significance of last week's ruling, which may have flown... Under The Radar (TM). Then, it's time for the answer to #T3BE 173 involving an auto accident, contributory negligence, and one of our favorite lawyers. Did Thomas and Andrew ge

Today's episode updates you on litigation in three states: in Texas, where the 5th Circuit blocked the lower court injunction, allowing the anti-abortion executive order to go into place; in Wisconsin, where the Supreme Court literally killed people; and in Washington, where publicity-seeking idiots have some liberals convinced Fox News is about to file for bankruptcy. We begin in Texas, with an Andrew Was Wrong -- and also, a hidden message of solidarity from the dissent in In re Greg Abbott as to how abortion clinics can stay open despite Executive Order GA-08. You won't want to miss it! Then, we have on Wisconsin citizen Andrew Seidel to break down the Supreme Court's decision forcing people to the polls during an epidemic. Bonus: you can count the number of relevant citations in the majority opinion (0). After that, it's time to check out the Complaint in WASHLITE v. Fox News, which will probably get us sued by litigation-happy buffoons. As you can imagine, we are NOT KIND to this wadded-up diaper

Today's episode is a fun interview with Dan and Jordan from the Knowledge Fight! podcast, your #1 source for deciphering the otherwise-indecipherable world of Alex Jones. We think you'll enjoy this interview; it's got a little bit of everything -- laughter, tears, and, of course, madness. After the interview, it's time to answer an exciting new #T3BE civ pro question that involves res judicata — a concept so convoluted, courts often screw it up. Will Thomas get it right? Listen and find out! Patreon Bonuses We're still bringing you the Patreon bonuses! You can submit proposed new intro quotes for the show, and you can also participate in the Transformers coloring book challenge! And, if you missed it, don't forget to listen to the audio from March’s LIVE Q&A and Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides! PHEW! Appearances Once more, Andrew was a guest on the Daily Beans Podcast, breaking down the week in news. If you’d like to have either of us as a guest on your show

Today's episode covers a number of stories that might be bad news for now, but each one, we think there's a reason to be optimistic beneath the surface. We also make sure we're holding Idaho's feet to the fire for the anti-trans bills that state tried to sneak past the radar this week, and we tell you the fate of states that have tried to restrict access to abortion using COVID-19 as pretext. We begin with a survey of the landscape including the states that haven't issued stay-at-home orders. There's an interesting commonality among these states' governors; can you figure it out?? Then, it's time for our main segment which is a deep dive into Idaho HB 509 that attempts to prevent trans people from changing their gender on their birth certificate. The bill is horrible, bigoted, and mean... and yet why are we optimistic? You'll have to listen and find out! After all that, it's time to take a look at the six states that have attempted to restrict access to abortion services during COVID-19 and examine the

Idiotic legal pleadings, sports law, and some news debunking... what could be happier?

Today's episode breaks down the three main provisions of the just-passed CARES Act in terms of (1) additional unemployment benefits, (2) tax relief in the form of advance $1,200 "rebate" checks to taxpayers, and (3) the $500 billion "slush fund" for corporate giveaways. While there's more in this 880-page monstrosity, we break down the key parts for you! We begin, however, with some good news about the impending retirement of Ohio Rep., Trump-supporting lunatic, and soon-to-be-White House Chief of Staff Mark Meadows. Does this violate the Ineligibility Clause of the Constitution? YOU BETCHA. Is it #ClearAsKushner? YEP! And this time, does it matter? YES IT DOES! After that it's time for a full breakdown of the main components of the CARES Act, including how much money you'll be getting and when, what the costs are, and what the provisions are that can come into play to prevent all of this from winding up in Jared Kushner's pocket. You won't want to miss it! After all that, it's time for a quick segment