Opening Arguments

Today's extra-long episode contains your guide to the Congressional Investigations, and specifically the 81 document requests sent out by Rep. Jerry Nadler to various Trump-related individuals and entities in connection with the Democratic Congress's larger investigation into corruption, ties with Russia, and general criminal behavior by the administration.  What does it all mean?  Who are the key players?  Listen and find out! We begin, however, with a brief Andrew Was Right -- Michael Cohen is producing drafts of his Congressional testimony, which may support his claim that Trump's personal lawyer, Jay "ACLJ" Sekulow edited his testimony to suborn perjury. Then, it's time for an in-depth look at the various documents requested by Rep. Nadler.  What does it all mean?  We break down the four major "buckets" of inquiries and tell you about some familiar faces... and some surprising new ones. After that, it's time to take a look into recent developments in the Jeffrey Epstein case and correct some reporting as

Today's episode takes a deep dive into the latest regulations promulgated by Trump's Department of Health and Human Services regarding Title X funding.  What does all this mean?  Listen and find out! We begin by breaking down Title X, the only federal grant program to poor people for family planning.  And -- as you might imagine -- Title X explicitly excludes funding for abortions, but remains a critical source of funding for the critical work Planned Parenthood does with low-income women, including breast and pelvic examinations, breast and cervical cancer screenings, and screenings and treatments for sexually-transmitted infections and HIV.  So, of course, the Trump Administration just defunded all of that.  Find out how terrifying the new regulations are. After that, it's time for a ... lighter(?) segment in which we discuss the difference between clickwrap, browsewrap, and sign-in-wrap (?) agreements and learn about interesting new research into the readability (or lack thereof) of those agreements. Then,

Today's episode continues our breakdown of ex-Trump fixer Michael Cohen's testimony before the House of Representatives and all the Yodel Mountain implications that stem from it that we started in Episode 257.  What's next?  Listen and find out! We begin where we left off -- with Michael Cohen.  Find out how Cohen's testimony (and documents) implicate our favorite legal genius, Stormy Daniels! After that, it's time to check in on Roger Stone's former flunky, Andrew Miller, and his quixotic quest to undo the Mueller investigation.  That effort was just slapped down by the Court of Appeals for the D.C. Circuit, and we've got the full opinion covered for you. Then, it's time to check in on an odd development in the sentencing saga of Paul Manafort.  What does the government's latest (redacted) filing portend?  We're not entirely sure... but we want you to know what we know. And then -- after all that! -- we  end with a brand new Thomas Takes the Bar Exam Question #116 regarding a rather odd traffic accident.  As

Today's episode breaks down ex-Trump fixer Michael Cohen's testimony before the House of Representatives and all the Yodel Mountain implications that stem from it.  What's next?  Listen and find out! We begin, however, with an update on the American Legion v. American Humanist Association case where Andrew recently spoke at the AHA's #HonorThemAll rally. After that, it's time to find out about Florida Rep. Matt Gaetz who attempted to intimidate Michael Cohen and... may have gotten into some legal trouble thanks to this show and it's listeners! Then, we begin breaking down the Cohen testimony... but there's so much here to cover, we decided to  keep going for yet another hour, and you'll get that tomorrow! For the first time, we don't end with a brand new Thomas Takes the Bar Exam Question, but you'll get #116 tomorrow.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! AppearancesNone!  And if you'd like to have either of us as a

Today's episode takes a deep dive into the Bladensburg Cross case currently pending before the Supreme Court with special guest Sarah Henry of the American Humanist Association.  You'll learn that Andrew is going to speak at the AHA rally on Wednesday, February 27 right before oral arguments! We bookend the interview with an Andrew Was Right segment about the recent Supreme Court ruling in Timbs v. Indiana first discussed back in Episode 234. And on the back end, we briefly discuss Clarence Thomas's bizarre and dangerous concurrence in McKee v. Cosby.  Did Justice Thomas really call for the reversal of New York Times v. Sullivan?  (Hint:  yes, yes he did.) After all that, it's time for the answer to Thomas Takes The Bar Exam #115 about whether you can use facts contained in settlement negotiations.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! AppearancesAndrew was just a guest on Episode 87 of the So Here's My Story podcast;

Today's episode breaks down Trump's recent declaration of a state of national emergency as a pretext to build his big, dumb wall.  What's being done about it?  What can be done about it?  Listen and find out! We begin, however, with a trip up Yodel Mountain to observe one of its most bizarre members, Roger Stone, who recently posted a "notice of apology" after having uploaded a picture to Instagram of Judge Jackson with a reticule nearby.  What does this mean for the gag order entered in his case?   We tell all -- even before the court ruled! Next, it's time for our main segment about the wall.  Andrew breaks down exactly where the funding is going to come from, and details all the lawsuits to try and block it.  We end the segment, of course, with a (pessimistic) prediction. Then, it's time for even more yodeling.  Is the Mueller investigation really coming to an end? If so, what's next?  And what about We end, as always, with a brand new Thomas Takes the Bar Exam Question #115 about offers to compromise.  As

Today's episode features a long interview with AG, the spectacular co-host of the Mueller, She Wrote podcast.  She helps break down everything in the news that's Yodel Mountain-worthy... and along the way, you'll learn what might be next, what we might be overplaying, and much, much more! After the interview, it's time for the answer to Thomas (& AG) Take The Bar Exam #114, in which you always bet on bank!.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Appearances Somewhat coincidentally, Andrew was just a guest on S3E6 of the Mueller, She Wrote podcast; go check it out! Andrew was also a guest on Episode 87 of So Here's My Story.  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! For show-related questions,

Today's episode tackles the recent Dunn v. Ray decision in which the Supreme Court used a procedural mechanism to allow the State of Alabama to execute a devout Muslim without affording him the same sorts of religious freedom they do to Christian inmates.  Is it as bad as it looks? (Yes.) We begin, however, with an unfortunate Andrew Was Wrong (and a promise to get better)! Then, it's time for a depressing deep dive into Dunn v. Ray and what 'religious freedom' actually means to this Supreme Court. After that, it's time for a trip to Yodel Mountain where we review the latest ruling from Judge Amy Berman Jackson about exactly how big a liar Paul Manafort is.  (Hint:  yuge.)  What does this mean for a potential Manafort pardon, and does the federal system have parole?  Listen and find out! We end, as always, with a brand new Thomas (& AG!) Take the Bar Exam Question #114 about whether banks own everything.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too

Today's episode features a deep dive into a listener question about Article V Constitutional Conventions.  Are they dangerous?  (Yes.)  Are they a good idea?  (No.)  We also discuss the latest ridiculous defamation lawsuit.. and discover why this one is a little different.  How?  You'll have to listen and find out. We begin with a little bit of news you might have missed regarding Attorney General nominee Bill Barr. After that, it's time to answer a listener question about liberal and conservative groups that are angling for an "Article V" Constitutional Convention to overturn Citizens United (or do other things).  We delve deeply into this provision of the Constitution and discuss the plusses and (mainly) minuses of this procedure. Then, it's time to dissect the recent lawsuit brought by Gavin McInnes, founder of the "Proud Boys," which Wikipedia calls "a far-right neo-fascist organization that admits only men as members and promotes political violence."  Find out why at least one formerly respectable lawyer

This rapid-response bonus episode tackles the Supreme Court's late-breaking stay of the 5th Circuit's opinion in June Medical Services v. Gee, with a particular emphasis on dissecting Justice Brett Kavanaugh's dissent.  What does it all mean?  Listen and find out! We have also continued the episode with a deep dive into res judicata and the truly ominous implications of Kavanaugh's dissent at our Patreon page for supporters of the show at any level. Show Notes & Links Check out Episodes OA: 249 "Overturning Roe v. Wade Starts Today" and OA 251 for reference to our past discussion on this cases. Click here to read the Court's granting of the stay (which includes Kavanaugh's dissent), and here for the Supreme Court’s docket in June Medical Services v. Gee. This is the reply brief filed by the petitioners. Here is the prior 2016 Supreme Court decision in Whole Woman's Health v. Hellerstedt. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/o

Today's episode returns to one of the most critical political issues of our time:  gerrymandering of congressional districts, and in particular, the state of MD-6, which pits the Democrats as villains and Republican voters as the plaintiffs alleging disenfranchisement.  Will that role reversal be enough to win approval from SCOTUS?  Listen and find out! We begin, however, with an update on the June Medical Services v. Gee lawsuit we first discussed in Episode 249. After that, it's time for the deep dive into gerrymandering, which takes a look at the U.S. District Court for the District of Maryland's 3-judge panel decision invalidating Maryland's 6th district; the motion to stay before the Supreme Court filed by the Plaintiffs; the opposition by the State of Maryland; and an amicus brief filed on behalf of the incumbent, Democrat David Trone. Then, we quickly clear up the status of Stormy Daniels' lawsuits.  Did the recent dismissal with prejudice have anything to do with Donald Trump?  (No.) We end, as always

Today's very special episode is our 250th!  To celebrate, we've assembled a compilation of some of our favorite moments over the past two and  half years.  If you've ever wanted to share the show to friends and family, this is the episode to do it.   In this episode, we explain: What the show's all about How liberal we are (or aren't) Whether we talk about non-political stuff How Trump changed the show, what "Yodel Mountain" is, what #ClearAsKushner is How seriously we take ourselves And much more! Then, as always, it's time for the answer to Thomas Takes The Bar Exam #112, which involved an angry drunken... murder (?)  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! 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 & Links1. What’s the show about? It’s long-form investigative journalism into topics in the news that have a legal component

Today's episode sounds the alarm as to whether our activist right-wing Supreme Court is ready to effectively overturn Roe v. Wade and essentially permit the entire state of Louisiana to all but ban the right to an abortion in that state.  We're NOT an alarmist podcast, but this is something you need to be watching.  We also follow up on the Trump Shutdown, answer a listener question regarding our discussion of the Hilton lawsuit from last episode, and (of course) take our weekly visit to Yodel Mountain, this time on the back of one Roger Stone.  Are these all just "process crimes?"  And what the hell does that mean, anyway?  Strap in and find out! We begin, however, with a brief look at the end of the Trump Shutdown and what's likely to come next. After that, we tackle some questions and misperceptions regarding our story of the lawsuit against Hilton hotels from Episode 248. Then, it's time for the main segment, which takes a look at a pending Supreme Court motion and discusses what this means for the future

Today's episode features a deep dive into a bunch of different issues around granting the writ of certiorari -- "cert" -- and some of the intricacies of how the Trump administration is trying to take advantage of the activist Supreme Court.  Oh, and we also tackle a lawsuit that's being grossly misrepresented by the media. We begin with a discussion of the unique procedure of "cert before judgment."  What is it, how rare is it, and... why is the Trump administration trying to deploy it with alarming frequency?  Listen and find out! Then, we revisit litigation regarding the census that we first discussed back in Episode 232, and the administration's effort to... get cert before judgment (of course). Our main segment looks at something Andrew has never seen before:  essentially, a four-justice dissent from a denial of certiorari.  Why is this weird?  Listen and find out as we dissect that very opinion in Kennedy v. Bremerton School Dist. Next, we tackle a recent clickbaity headline involving a dishwasher alleg

Today's episode tackles the recent Supreme Court orders in the Trump ban on transgender service members.  How did we get here and what's next?  Listen and find out. We begin, however, with a brief Andrew Was Wrong segment regarding the history and modern politics of the State of the Union. After that, it's time for the main segment, which dives deeply into the history of trans service in the U.S. military, including a discussion of what it means to bring a case pursuant to the equal protection clause and what the future likely holds. Then, it's time for a rapid-fire round of questions about Trump's shutdown.  Why is Congress still getting paid?  Who can sue, and why haven't they?  Find out the answers to these questions and more! We end, as always, with a brand new Thomas Takes the Bar Exam Question #111 regarding the delivery of water bottles.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Appearances Thomas was just the gues

Today's episode features a deep dive into the latest developments in the lawsuit brought by parents of the victims in the Sandy Hook Massacre against Alex Jones and Infowars for repeatedly portraying the school shooting as a hoax. We begin, however, with a question regarding our views of the 2016 Presidential Election from a Trump supporter who's hate-funding us.  Hey, we're good to our word! After that, it's time to dig in to the defamation lawsuit against Alex Jones.  We tackle the minutiae -- standing, jurisdiction, statute of limitations -- and the big issues as well.  If you want to know where defamation law is headed in this era of "fake news," well, this is the show for you! Then, it's time for a quick visit to Yodel Mountain to check in on Rudy Giuliani and Michael Cohen.  Because of course it is. Finally, it's time for the answer to Thomas Takes The Bar Exam #110, which involved a dentist being sued for malpractice and product liability. As always, remember to follow our Twitter feed (@Openargs) and

Today's episode covers the William Barr confirmation hearings before the Senate Judiciary Committee to become the next Attorney General, as well as the ongoing legal battles regarding Trump’s shutdown of the government. We begin with Barr, who’s proven to be a complex individual.  How did he fare in his testimony before the Senate?  Are there reasons for optimism? Is his notorious memorandum (which we covered in Episode 237) not really that bad?  The answers… are all over the map, and will certainly surprise you. Then, we discuss the ongoing shutdown, which looks to prove Andrew Wrong by not ending tomorrow.  What are the legal implications?  How are they going to be resolved?  Is there any hope, either politically or legally?  Listen and find out! Finally, it's time for Thomas Takes The Bar Exam #110 which involves a dentist being sued for malpractice and product liability.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Appea

Today's episode features a little more about Corey Robin, including the argument addressed on the show that criticisms of Clarence Thomas's competence are a racist echo of similar claims made against Thurgood Marshall.  Find out why Andrew made the mistake he did in Episode 242, and also why Andrew still stands behind his answer to that question. We begin with Robin, winding our way from his blog posts to the jurisprudence of two of Andrew's heroes, Laurence Tribe and Ronald Dworkin!  Ultimately, you'll learn why Andrew continues to defend the proposition that attacks on Thomas's competence are not inherently racist. After that, it's time for some behind-the-scenes news about Attorney General nominee William Barr just in time for his confirmation hearings.  What company does he keep when it comes to interpreting the Founding Fathers?  Listen and find out!  (Hint:  this isn't good.) Finally, it's time for the answer to Thomas Takes The Bar Exam #108 regarding real property.  As always, remember to follow our

Today's episode tackles the mechanics of the shutdown and whether (and how) Donald Trump can build that wall despite widespread opposition. We begin with an Andrew Was Wrong about the identity of Corey Robin and the incorporation doctrine.  Enjoy a fun segue to Gitlow v. New York and why you should never repeat the trope that free speech doesn’t include the right to shout ‘fire’ in a crowded theater. After that, it’s a deep dive into… what exactly is a “government shutdown,” anyway?  What laws govern this? Why do some federal employees have to keep showing up?  Isn’t that “involuntary servitude?” And can Trump declare a state of emergency or use “military eminent domain” to just build the wall anyway? Then, it’s time for our weekly trip back to Yodel Mountain.  In Rod We Trust… so why is he stepping down? And what’s the deal with that secret foreign-owned corporation that shut down an entire floor right before the holidays?  Listen and find out! Finally, it's time for Thomas Takes The Bar Exam #109, another d

Today's episode features a deep dive into the Bivens action, with a little help from everyone's favorite nutso conspiracy theorist lawyer, Larry Klayman -- and his newest client, Roger Stone sidekick Jerome Corsi.  Find out what sorts of wacky shenanigans these guys have been up to, and why they think they've hit a $350 million jackpot.  (Hint:  they haven't.) First, though, we begin with an insightful question from a listener regarding Clarence Thomas's jurisprudence and whether the frequent criticism of Justice Thomas as lazy is tinged with racism. During the main segment, it's time for the breakdown of the latest Corsi lawsuit.  It's a doozy -- it's everything you'd expect from someone who hired Larry Klayman (on purpose!) to be his lawyer. Then, we answer a fun listener question about court filings, time zones, and the international date line.  It's Around Opening Arguments In 80 Days! After all that, it's time for the answer to Thomas Takes The Bar Exam #108 regarding civil procedure.  As always, rememb