Opening Arguments

Today's episode takes a deep dive into the latest bizarre lawsuit filed by perhaps America's most-despised Trump sycophant, California Rep. Devin Nunes. Learn all about Nunes's thrice-disciplined lawyer and the theory so crazy it must be heard (and read) to be believed. We begin, however, with an incredibly insightful listener question regarding the bill of attainder doctrine and whether it would apply to the hypothetical Poke Ted Cruz Act of 2021 discussed during our latest live show. Then, it's time to break down Devin Nunes's lawsuit piece by piece, in which you'll learn all about civil RICO lawsuits ... and why they don't remotely apply to the paranoid conspiracy theory connecting Robert Mueller to Fusion GPS to the Daily Caller to... the Center for Accountability? It's a wild ride, so strap in! After that, it's time for another listener question regarding the guys' views on policy debates vs. "scorched earth" during the Democratic primary. And then, it's time to see if Thomas can turn around his

This week's episode breaks down the 357-page state court gerrymandering decision in North Carolina striking down that state's legislative districts. We explain in depth exactly what happened -- and exactly why cases like there are the future for political gerrymandering claims in light of the Supreme Court's decision in Rucho v. Common Cause. We begin, however, with a couple of Andrew Was Wrong segments, including a sad update on Gavin Grimm as well as feedback from the entire state of Idaho! Then, it's time for a deep dive into the recent ruling in North Carolina, which includes an analysis of both the facts -- featuring "Republicans and Non-Hispanic Whites" Dr. Evil stand-in Thomas Hofeller -- and the law. If political gerrymandering is now perfectly okay by the U.S. Supreme Court, what can we do? Listen and find out! After that, it's time for a brief Yodel Mountain update regarding Don McGahn, as well as a Jeffrey Epstein update. And then it's time for #T3BE on the formation of contract: when, exa

Today's episode takes an in-depth look at the recent landmark trial ruling in Oklahoma that the opioid epidemic constitutes a "public nuisance" in that state, and that Johnson & Johnson must pay $572 million to abate it. What do all of those crazy legal words mean? Is this a "good" result or a "bad" one? What's next? Listen and find out! We begin, however, with -- at long last! -- the in-depth discussion of the shameful history of the Mann Act in the United States as a way of answering why Jeffrey Epstein wasn't charged with offenses under it. Along the way, you'll learn about the worst guy's weekend ever! Then, it's time for the main segment about the public nuisance trial in Oklahoma that resulted in a landmark first-of-its-kind verdict. Find out what that means for future lawsuits and so much more. After all that, it's time for a quick follow-up on the Sheldon Whitehouse brief and some statistical analysis... as well as a call for more stats geekery from our highly-educated fans! And finally,

Hey folks! We thought we'd release this LAM to everyone, because it was particularly interesting and educational. We hope you enjoy it, and maybe it will inspire some new folks to hop on over to patreon.com/law to get more fun bonus stuff like this! 

Today's Rapid Response Friday takes a look at the recent Trump Administration memorandum "clarifying" the rules on military citizenship for children born to U.S. employees -- largely, those in the armed forces -- serving overseas. Is it as bad as you've heard? (Yes.) Is it actually worse than that? (Yes.) First, though, we continue to revisit the apportionment question discussed in Episode 307. Have we finally crowdsourced a solution? The answer may surprise you! After that, it's time for a deep dive into the latest policy manual update from the department of U.S. Citizenship and Immigration Services "clarifying" that servicemembers living overseas don't actually count as "living in the United States." Will this cause Trump-supporting military members to vote for Elizabeth Warren in 2020? (No.) Should it? (Yes.) Is it way, way worse than you could possibly imagine? Oh yes. After that, it's time for a very brief Andrew Was Wrong (the best kind!). Then, it's time for an all-new Thomas Takes the Bar E

Today's episode is one you've requested for a while now: revisiting perhaps America's greatest legal mind, Stormy Daniels. This time, we'll learn how the Stormy saga has gotten Hope Hicks to (almost certainly) have her lawyers lie to Congress... and we'll figure out what that means for the future. First, though, we take a look at some impressive research on the Roberts Court that was put together by Rhode Island Sen. Sheldon Whitehouse -- hi, Sen. Whitehouse! We know you're listening! -- and the amicus brief it inspired. You know just how bad this Supreme Court is... but only Sen. Whitehouse has quantified it for you. And yes, that makes it much, much worse. After that, it's time for the main segment, in which we head back to Yodel Mountain to examine Hope Hicks's transparently false statements to Congress. How can we prove they're false? It's all thanks to Stormy Daniels, of course! Andrew wades through hundreds of pages of affidavit testimony in connection with the Michael Cohen search warrants to pro

Today's Rapid Response Friday breaks down a just-released decision from the U.S. Court of Appeals for the 10th Circuit that has produced a ton of alarming media. Is that alarm warranted? (No.) What did the court actually decide, and how will it affect the 2020 Presidential Election? And what does any of this have to do with Lawrence Lessig?? Listen and find out! We begin, however, with a grab-bag of questions arising out of Episode 307 on apportionment and revisit an issue that Andrew predicts will hang over the next Presidency. Are there any "quick fixes" to the problem or are we destined to be hung up in litigation? Then, it's time for our deep dive into Baca v. Colorado, understanding (a) how this case came about, (b) what it says, and (c) what the implications are for the 2020 Presidential election. Is it some crazy ruling in favor of Trump? What's "the saddest Hamilton?" Listen and find out! After that, it's time for a quick update on the emoluments clause litigation, this time examining a recent

Today's episode, sadly, reminds you of an entirely new way that you should be terrified. In a "please, tell me that Donald Trump's lawyers aren't listening to this" episode, Andrew breaks down a 1990s court decision surrounding a 1920s law to talk about the ultimate endgame for Trump and the census. Is it horrible? Yes. Are you better off being prepared? Absolutely. We begin, however, with a quick trip up a rare Tuesday Yodel Mountain by examining the transfer of the House Judiciary Committee's lawsuit seeking injunctive relief against Don McGahn. Was it a "huge victory" for the President that Chief Judge Beryl Howell transferred the case? (No.) Then, it's time for a deep dive into the Presidential powers of apportionment and how Donald Trump can potentially do a court-clogging end-run around the Supreme Court's census decision even if he loses the 2020 election. After that, it's time to check out a new segment from Cybertron -- the official "Optimist Prime" versus "Negatron" segment on impeachment. Wh

Today's episode combines some very, very good news regarding young trans advocate Gavin Grimm... to some rather less good news regarding a proposed rule at the Department of Labor... to some truly bizarre news and a plea for sanity given the ever-changing circumstances surrounding Jeffrey Epstein. We begin with what looks like the close of a saga that began more than five years ago, when a Virginia public school board -- at the instigation of bigots in the larger community -- forced Gavin Grimm into "separate but hardly equal" accomodations in his high school. Today, at least, it looks like Grimm has finally won, as we break down a truly monumental decision from the Eastern District of Columbia. Then, it's time to look at proposed rulemaking from the Department of Labor that would modify one of the most important Executive Orders of all time: EO 11246, in which Lyndon Johnson required government contractors not to discriminate in their hiring practices. What does Trump propose to do to this EO? Listen an

Please enjoy the audio from our live show at the People's Improv Theater in New York City, New York! In addition to #T3BE, we have a deep dive on gun control and the recent Remington cert petition. Then, we have a lot of fun and we have nearly an hour of Q&A! Enjoy.. and come out and see us next time! Appearances None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links None! -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 own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com!

Today's pre-LIVE SHOW episode breaks down exactly what happened with the recent news story regarding Chelsea Manning being held in contempt of court. What's going on? Listen and find out! Oh, and we also revisit Katy Perry, discuss how Thomas Was Right! regarding John Cage, and take a brief visit to Yodel Mountain. You won't want to miss it! We begin with a couple of updates to the Katy Perry lawsuit we discussed last episode. First, as it turns out, Thomas was prescient in thinking that someone might have copied John Cage's famous 4'33" composition of silence and been sued over it. Does this mean Andrew Was Wrong? There's only one way to know for sure. But that's not all! We've also got a full discussion of the damages awarded to Flame, which gives you some insight into the profits of the song industry. Then, it's time for the main segment breaking down the recent court order regarding Chelsea Manning. If the grand jury has already issued its indictment of Julian Assange, how can she be kept in contempt

Today's episode checks in on the record-setting $5 billion settlement that Facebook reached with the Federal Trade Commission for, among other things, violating a prior consent order by enabling developers like Cambridge Analytica to access your data without your permission. Is this a good deal for American consumers? It's complicated. Oh, and you also get more music law with Katy Perry, and so much more! We begin with an update on the Senate's last-ditch push to nominate more than a dozen new Trump nominees for lifetime appointments on the federal bench. And yes, despite widespread opposition, despite minimal credentials in many cases, and despite all of them having disqualifying right-wing ideologies... all were confirmed before the Senate decided to take a break. (Sorry for the bad news.) Then, it's time for the deep dive into the Facebook-FTC settlement, which does indeed impose the single largest penalty ever for a consumer protection violation. Learn why the Democratic minority at the FTC thought i

Each week, Sean Carroll hosts conversations with some of the most interesting thinkers in the world. From neuroscientists and engineers to authors and television producers, Sean and his guests talk about the biggest ideas in science, philosophy, culture and more. Start listening now at:  http://wondery.fm/MindscapeAB

Today's episode is all about democracy -- from the Russian efforts to de-legitimize a Clinton victory in 2016 with the #DemocracyRIP hashtag and media storm to those very same tactics being employed right now in 2019. Is a new California law requiring a presidential candidate to disclose his or her tax returns the answer? Listen and find out! We begin with the release of the (Republican) Senate Intelligence Committee Report, Vol. I, which details the extent of the Russian government's activities to infiltrate U.S. elections in 2016, including de-legitimatizing an expected Hillary Clinton victory with social media storming (and the #DemocracyRIP hashtag). It's truly terrifying. And then we move from that report to something that looks to be in exactly the same vein after the second night of the Democratic primary debate. Coincidence or conspiracy? You decide! After that, it's time for a deep dive into California Bill SB27 which requires Presidential (and gubernatorial) candidates to disclose their tax ret

Today's episode focuses on a number of actual good developments in the news! From the second half of the Mueller testimony before the House Intelligence Committee, to a court's issuance of an injunction blocking Trump's illegal efforts to change the rules on asylum, it's a (rare) week of good news! Oh -- and there's a brand new intro for your enjoyment as well! We begin with an update on Mueller's second round of testimony before the House Intelligence Committee, and answer some questions about whether Rep. Nadler can launch "an impeachment inquiry" without Nancy Pelosi's approval. Then, it's time for some good news out of the courts, including a sweeping injunction handed down in Arkansas with respect to three laws that restrict and/or prohibit abortion, including Act 493, which purported to ban all abortions after 18 weeks. This is exactly what we predicted would happen at the district court level -- and you can learn why this particular (159-page!) decision is particularly useful going forward. But

It's Mueller Time! Today's episode drops early to give you our instant reaction to Special Counsel Robert Mueller's testimony before the House Judiciary Committee. (This only covers the testimony before the House Judiciary Committee, not the subsequent testimony before the House Intelligence Committee.) There are just 10 tickets remaining for Opening Arguments Live in New York on August 10, 2019! Click here to get your tickets before they're gone! We break down everything that transpired -- the high points, the low points, and whether anything Moved The Noodle(TM). Specifically, we point out the factual and legal background underlying Mueller's testimony, the 24 OLC memorandum that is the subject of Mueller's declination decision, and the standards for indicting a person under 18 U.S.C. § 1512(c). Plus, you'll learn the totally misleading takes that right-wing sources are sure to run with, and we'll equip you with everything you need to rebut those. After a lengthy breakdown of the day's events, we

Today's episode takes a deep dive into an 1832 decision, Worcester v. Georgia, to try and answer the question of what happens when the executive and judicial branches come into conflict. Yes, there's a lesson to be drawn to today's Supreme Court-vs.-Donald Trump showdown over the citizenship question on the census. We begin, however, with a pair of updates to previous shows, including "Joey Salads" and his nonsense "complaint" against AOC, and a listener email and update from our friend Seth Barrett Tillman regarding the status of the emoluments clauses litigation in both Maryland and DC. In fact, a late-breaking decision in the DC case led to a Patreon-only bonus extra on the topic! Then, it's time for the main event: breaking down the case that led to the famous aphorism, "Justice Marshall has made his decision, now let him enforce it." As is usually the case with these deep dives, there isn't an easy answer as to what the outcome will be when the executive and judiciary stare each other down, but we c

Today's episode tackles the recently-released trove of unredacted documents in the Southern District of New York in Michael Cohen's case and explains why Hope Hicks might have been ensnared by America's greatest legal mind, Stormy Daniels. Oh, and have you heard that the Congress ordered the DOJ to investigate... whether the military weaponized ticks and if so, whether those ticks were released against Americans? It's a weird story that can't possibly be true... can it? We begin, however, with the resolution to last episode's #T3BE (formerly #TTTBE) controversy regarding the definition and conditions required for assault. Learn the results of whether "hissing" constitutes a physical threat... and whether that even matters! Then, it's time for long trip up Yodel Mountain. We begin by discussing the... conclusion? of the citizenship question and Andrew lets you know what's still to come in those cases. After that, it's time to discuss the House's resolution of criminal contempt against Bill Barr and Wilbur

Today's episode features a grab-bag of stories that have been making the rounds, including the recent ruling out of the Second Circuit regarding Donald Trump's use of Twitter, a setback for our buddy Brian Frosh's efforts to enforce the Emoluments Clauses of the Constitution, and an update on the real-word consequences of the Janus v. AFSCME decision we decry so much around here. We begin with the Second Circuit's ruling in Knight First Amendment Inst. v. Trump, which established that a government official may convert a social media platform such as Twitter into a "limited use public forum," from which he may not block users on the basis of the political content of their speech -- i.e., viewpoint discrimination. Almost no one understands this decision; we'll make sure you're one of the lucky ones who do! Then, it's time for a breakdown of the 4th Circuit's ruling in In re Trump, which directs the lower court to dismiss the lawsuit (and pending discovery) against Trump in the lawsuit brought by Maryland

Today's episode gives you the legal background you need to understand all of the different legal fronts in the various pending proceedings involving Jeffrey Epstein and the allegations of underage sex trafficking, including the recent criminal indictment in the Southern District of New York, currently pending civil defamation lawsuits against Epstein associates (including Alan Dershowitz), and the effort to reverse the non-prosecution agreement in Florida. We begin, however, with a preview of some HUGE NEWS -- our upcoming live show in New York City the weekend of August 9, 2019! Clear your calendars now and get ready to come see us live and in person! Then, it's time to unpack all of the various legal proceedings surrounding Jeffrey Epstein. (For more of a factual analysis of the Florida non-prosecution agreement, check out Episode 259.) You'll learn about the various defamation lawsuits, their status, and what's next. And then you'll also learn where we stand with respect an effort that's now 11 years