Opening Arguments

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).

The government has been caught doing some really absurd things to the benefit of Michael Flynn, including sneaking in post-it notes and lying on Brady material. Andrew's got the full breakdown for us. After that, we talk about Trump losing again in court in Trump v. Vance! Links: Access for All Conference, code: openargs, Whitmer kidnapping complaint, Goelman and gov lying on notes, more lying on McCabe, sticky notes, lying on Brady material, exhibit, yes tweets are official, DC cir en banc ruling, Trump v. Vance 2nd cir, Mazar's briefing schedule, US v R Enterprises.

No matter how many Republicans get COVID, McConnell will still find a way to confirm his new justice. So, Andrew has a signature deep dive on Barrett's most significant cases. The news, as always, isn't good. Links: ACB Questionnaire, ACBarrett supported group that said life begins at fertilization, Doe v. Purdue, Understanding Judge Barrett's Opinion in Doe v. Purdue, Rainsberger v. Benner, 913 F.3d 640 (2019), Grussgott v. Milwaukee Jewish Day School, 882 F.3d 655 (7th Cir. 2018), Wallace v. Grubhub, 970 F.3d 798 (7th Cir. 2020), AF Moore & Associates v. Pappas, 948 F.3d 889 (7th Cir. 2020), Casillas v. Madison Ave Assocs Inc., 926 F.3d 329 (2019), EEOC v. Costco, 903 F.3d 618 (7th Cir 2018).

We're still mad about Breonna Taylor's killing, and you should be too. A juror has come forward to say that the AG misrepresented the deliberations. We're like to get the tapes soon, but as of now we don't have them. We clarify and expand on a few things from our previous Breonna episode. Andrew also does a mini dive on the disproportionate racial breakdown of our prison population. In our main story, we talk about the blockbuster story by the NYT on Trump's tax returns. Andrew answers whether the NYT is in any legal trouble for the article, and we go into the horrifying contents of Trump's returns. Links: Breonna's family's civil suit, BOP Statistics: Inmate Race, Gap between number of blacks, whites in prison narrows, Imprisonment rate of black Americans fell by a third from 2006 to 2018, How to reduce the federal prison population, Trends in US Corrections, Immigration sends more people to federal prison, 21 US Code § 841, OA45: What Could Donald Trump's Tax Returns Tell Us?, OA46: What Coul

Let's talk about that Atlantic article that has really been scaring people. Andrew brings us his signature deep-dive, and why he's slightly optimistic that the fears in the article won't ultimately be borne out. Up first, we preview a topic for another time, this really interesting lawsuit against Facebook regarding the Rittenhouse shootings. Links: Trump will see what happens, Presidential Emergency Action Documents, OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!, 19-465 Chiafalo v. Washington (07-06-2020), Faithless Elector State Laws, Trump’s Upcoming Refusal to Leave Office: The Good News, Trump’s Upcoming Refusal to Leave Office: The Very Bad News, Vox Will Trump leave office if defeated?, law review: preparing for a disputed election, 3 U.S. Code § 2 - Failure to make choice on prescribed day, 3 U.S. Code § 5 - Determination of controversy as to appointment of electors, 3 US Code § 15 - Counting electoral votes in Congress, Atlantic The Terrifying Inadequacy of American

The law worked... how it's designed to work. Andrew gives us the breakdown on what happened, and what didn't happen. After that, Andrew has the deepest of dives on Amy Coney Barrett, the odds-on favorite to be the next fundamentalist Justice on the Supreme Court. Links: Your homework for next episode What If Trump Refuses to Concede?, Hankison indictment, Kentucky Penal Code § 508.060, 431.073 Certain felony convictions may be vacated, Coney Barrett cult People of Praise, Catholic Judges in Capital Cases, Transcript: JFK's Speech on His Religion, Kanter v. Barr Addition Coney Barrett stuff: US Equal Emp't Opportunity Comm'n v. AutoZone, Inc., 860 F.3d 564, EEOC v. AutoZone, Incorporated – CourtListener.com, Schmidt v. Foster, 891 F.3d 302.

*note that this episode was recorded before RBG's death and the resulting tenfold increase in existential doom feelings* If you're a keen listener, you might remember last time we had Prof. Randall Eliason on, he teased his forthcoming Great Courses Course! Well, it has now forth-come. Here's his new course! It's on White Collar Criminal Law, and boy does that sound relevant to.. *gestures broadly at the entire current administration*. In the first segment we answer whether or not Trump could be charged with manslaughter for all the slaughtering of man he did by lying about COVID-19.

RBG has died. This is terrible. Absolutely, unambiguously terrible. We were already recording something else when the news broke, so we decided to stop that recording, and give you our live, unfiltered reaction to the news. This is not a tribute to RBG. We are going to regroup and make sure we properly honor her immense legacy at a later time. This is a very human, fearful reaction to the awful news. Andrew breaks down the situation, and what is likely to happen. Keep in mind, he successfully predicted the last two Supreme Court appointments before they happened. We hope this episode helps you process. Let's all be a little kinder to each other today. We truly love our OA community and we are so unbelievably thankful for the great work so many of you are doing to fight for a better future.

Certified supervillain Bill Barr has a new plan to arrest protestors for sedition and subversion. How worried should we be about this? What's the legal basis? As always, we've got the full breakdown! Before that, we briefly preview a horrifying story about possible eugenics being perpetrated by ICE. It's horrendous. We hope it's not real, but unfortunately... it might be. We also give some updates on the government taking over for Trump in the E. Jean Carroll case. Links: DC v. Ballenger, 28 US Code § 1447 - Procedure after removal generally, Barr Tells Prosecutors to Consider Charging Violent Protesters With Sedition, Harry Bridges - Wikipedia, 18 US Code § 2385 - Advocating overthrow of Government, Dennis v. U.S., 341 U.S. 494 (1950), Robert G. Thompson, Brandenburg v. Ohio (1969), 18 US Code § 2384 - Seditious conspiracy, US v Rahman, 189 F. 3d 88 (2nd Cir. 1999), Omar Abdel-Rahman.

There's no sugar coating it: the wheel of justice was so f***ing slow it couldn't do anything to Trump in 4 damn years. Come on in and hear the breakdown of the breakdown of justice. In our second segment we discuss even more crimes that Trump was shown to be guilty of in the Mueller Report. Yes, the Mueller Report. It was NOT total exoneration, or really any kind of exoneration, as it turns out. Links: Tatel, weakest emoluments case; covered in OA361: DC Sides with Trump in Emoluments Case?; and OA391: Republicans Are Still Trying To Break the Government, Part Eleven Billion; DOJ opposition to cert; DC & Md v Trump discussed on OA386: The Opening Arguments Amicus Brief!; interlocutory appeal 28 US Code § 1292 - Interlocutory decisions; CREW v. Donald J. Trump; lost initially Case 1:17-cv-00458-GBD Document 103 Filed 12/21/17; won after 1.5 years CERTIFIED COPY ISSUED ON 09/13/2019; Leopold/Buzzfeed FOIA Lawsuit denied; Less Redacted Mueller Report; part 2; OA324: Trump's 9 Crimes and Misdemea

You've likely seen the headlines saying the DoJ wants to take over defending Trump against E. Jean Carroll, but you haven't heard it properly explained by our esteemed P. Andrew Torrez! So what's happening and is it normal? The answer might actually surprise you... We also talk a little about Bob Woodward's recordings of Trump and how totally awesome it is that he kept them secret for 7 months to sell his book. Links: Another Trump Judge Rate Not Qualified; Carroll v Trump; SDNY Docket; DoJ Statement for Intervention; 28 USC 2679; 28 U.S. Code § 1446 - Procedure for removal of civil actions.

Did Neil Gorsuch and his 4 flaming liberal friends in the Supreme Court just give away half of Oklahoma? Ted Cruz thinks so, so that should tell you. But if you want to really know what happened, check out this Andrew Torrez Signature Deep Dive! In our first segment, we talk about whether any new information has changed our view of the Rittenhouse killings. Is Rittenhouse a terrorist? Is there any reasonable self-defense claim? Links: U.S. v. Thomas, 34 F.3d 44 (2d Cir. 1994); United States v. Alvarez, 755 F.2d 830, 842-43 (11th Cir.); 474 U.S. 905, 106 S.Ct. 274, 88 L.Ed.2d 235 (1985); Postal Service Has Paid DeJoy’s Former Company $286 Million Since 2013; Did We Give Away Half of Oklahoma? | LegalEagle’s Law Review; Idiot Ted Cruz on Twitter; Plan of action remains unsettled after McGirt decision.

Our main story today is how the DC Circuit Court has helped Trump successfully avoid accountability until after the election. You may remember Don McGahn from such investigations as Robert Mueller's. McGahn refused to cooperate at all with the House's impeachment investigation, under the complete nonsense theory of absolute immunity. Andrew breaks down what happened and gives a signature deep dive on House subpoena power! Our first segment is some good news and "Andrew was right" about the Flynn case. It could mean the Return of the OA Brief! Links: Feb. 2020 McGahn ruling; OA366: Your Guide to the Coronavirus!; Committee on the Judiciary v. McGahn; 8-31-20 McGahn ruling; McGrain v. Daugherty, 273 U.S. 135 (1927); order staying the mandate.

Be warned, this episode contains explicit language and Trumpian hypocrisy. Given that the RNC was basically a 4-night Hatch Act Violation Spectacular, Andrew is delivering us the Hatch Act deep-dive we need. Joining us to talk about her personal experience with the Hatch Act is Allison Gill of Mueller She Wrote! That's right, now that she was fired from her government job, "AG" is now unmasked! Links: Hatch Act; penalties for violation; 10 U.S.C. § 973 and 18 U.S.C. § 593 pertaining to military; CREW v. OSC on Kellyanne Conway.

17 year old murderer Kyle Rittenhouse was treated as a friend by the police even after he killed two people. Jacob Blake was shot in the back 7 times despite being unarmed. The difference? You already know it. Andrew gives us the breakdown of what happened, and what possible legal defenses we might see from Rittenhouse and the horrible right wingers who are already embracing him. In the first segment, we get a positive update on the USPS from a listener. And in the final segment, we get more positive news, this time from the Gavin Grimm case we've previously covered. References: USPS - 18 U.S. Code § 1703 delay or destruction of mail; House bill to repeal pre-funding mandate; expedited to street/afternoon sortation; New York v Trump; Trump's win rate is terrible. Kenosha - Cop Identified; Wis DOJ update; Kenosha Guard calls for Armed Vigilantes; NYT Kyle Rittenhouse Timeline; Kenosha Cops Silent on Support for Militia Ahead of Kyle Rittenhouse Shooting; Cops "appreciate" militia; Kenosha Polic

We're finally getting the deep-dive we've always wanted on the *drum roll* Unites States Postal Service! Questions answered by our esteemed Andrew include: Who is DeJoy? How is he even there? Why is the Post Service losing so much money? What's with the sorting machines and boxes disappearing? All those answers and more!

So much to discuss on today's show! Bannon busted on billionaire's boat by the boys in blue! Leaders Of ‘We Build The Wall’ Online Fundraising Campaign Charged With Defrauding Hundreds Of Thousands Of Donors. Also, Andrew gives us some highlights from the Senate Intelligence Committee Report. Despite being controlled by Republicans, this report was VERY damning.