Opening Arguments - podcast cover

Opening Arguments

Opening Arguments Media LLCopenargs.com
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
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Episodes

OA Bar Prep With Heather! T3BE41

Secure your privacy with Surfshark! Enter coupon code OPENING for 4 months EXTRA at https://surfshark.com/OPENING The answer for T3BE39 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs ! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !...

Sep 18, 202449 minEp. 41

The Surprising History of the Supreme Court Footnote

OA1069 Matt is doing a bit of blending of work and pleasure today, by sharing with everyone his footnote fetish. Let's all make this a safe place for Matt to share his more controversial proclivities. Joining us is the author of the book in the episode title , Peter Charles Hoffer. Professor Hoffer is Distinguished Research Professor of History at the University of Georgia. Unlike the justices, Professor Hoffer is an actual historian. Listen and find out not only the fascinating footnote history...

Sep 16, 202446 minEp. 1069

Trump’s Sentencing Delay Sucks but Is Probably the Right Call

OA1068 We begin with a quick review of some of the stranger legal issues raised in this week’s Presidential debate, including such mysteries as whether it is legal to murder babies upon delivery and the factual guilt of the Central Park Five 22 years after they were exonerated by DNA evidence and a third-party confession. In our main story, we review the chaos that the Supreme Court’s legalization of Presidential crime is already causing in Donald Trump’s hush-money case and discuss the relative...

Sep 13, 202453 minEp. 1068

OA Bar Prep With Heather! T3BE40

The answer for T3BE39 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !

Sep 11, 202436 minEp. 40

Adnan Syed Remains a Convicted Murderer

OA1067 After some of the strangest post-conviction twists in US legal history, the Supreme Court of Maryland has just reinstated Serial killer Adnan Syed’s conviction for the murder of his high school ex-girlfriend Hae Min Lee 25 years ago. We begin by revisiting Matt’s first-ever legal podcasting deep dive with Thomas on Serious Inquiries Only (SIO354) shortly after Syed’s conviction was initially reinstated by the Maryland Appellate Court last April. How accurate were his predictions for what ...

Sep 09, 20241 hr 12 minEp. 1067

Dave Rubin/Tim Pool - “Oops! I Got Paid $400,000 a Month by Russia to Do Propaganda! I’m a Victim!”

OA1066 Privyet , fellow citizens! We begin with a quick look at recent events following Jack Smith’s new superseding indictment in Trump’s January 6th case in DC. Why are Trump’s lawyers saying that Clarence Thomas “directed” them to file a motion to dismiss? And does DC federal judge Tanya Chutkan even care that this defendant who happens to be charged with four counts of trying to overturn an election is running for President at all ? Then in our main story: In an indictment filed this week, t...

Sep 06, 202459 minEp. 1066

OA Bar Prep With Heather! T3BE39

The answer for T3BE37 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !

Sep 04, 202426 minEp. 39

State of New Mexico v. Alec Baldwin

OA1065 (This episode first appeared on Gavel Gavel Aug. 18th) Three years ago, cinematographer Halyna Hutchins was fatally shot on the set of Alec Baldwin's film, Rust . Alec Baldwin (in addition to armorer Hannah Gutierrez-Reed) was subsequently criminally charged with involuntary manslaughter. Recently, Baldwin's counsel brought a motion for dismissal and sanctions, and after a shocking day in court, Judge Mary Marlowe Sommer dismissed the case with prejudice. Matt and Thomas walk through the ...

Sep 02, 20242 hr 23 minEp. 1065

Despite Disastrously Stupid SCOTUS Decision, Jack Smith Fights On

OA1064 One angry Matt brings us two stories from this week’s news: After taking some time to think about the Supreme Court’s decision that former US presidents can’t be prosecuted for anything involving--or in any way touching on--”official acts,” special counsel Jack Smith has returned to a grand jury to obtain a superseding indictment in his DC prosecution of Donald Trump. How has he retooled the charges relating to the January 6th conspiracy? How much weaker will this case be without the many...

Aug 30, 20241 hr 1 minEp. 1064

OA Bar Prep With Heather! T3BE38

The answer for T3BE37 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !

Aug 28, 202435 minEp. 38

LAM1003: Over Ruled FREE PREVIEW

Hey folks! Wanted to give you all a preview of the bonus we just released. If you'd like to hear the full thing, please head to patreon.com/law and pledge at the 2nd tier or above! Thanks! Yay LAM is back and booker than ever! Neil Gorsuck wrote an incredibly bland book and Matt read it for some reason. Let's find out how much suck can a Gorsuck suck if a Gorsuck could suck suck. PS yes I said I'd bleep stuff on the main feed but since this ended up being a bonus I'm just marking it explicit ins...

Aug 27, 202431 minEp. 1003

The Future of Marriage Rights

OA1063 We are excited to bring you a fascinating conversation with Attorney Diana Adams (they/them) of the Chosen Family Law Center, a New York City-based non-profit which advocates for LGBTQIA and other non-traditional families of all backgrounds and descriptions. Diana is one of the nation’s leading advocates for rethinking how governments, courts, employers, and other institutions can accommodate committed relationships beyond the norms of romantic and/or sexual monogamy, including those invo...

Aug 26, 202459 minEp. 1063

Did Trump Just Violate the Logan Act?

OA1062 We begin with a brief update on Disney’s truly Mickey Mouse arguments in a Florida wrongful death lawsuit before discussing three other questionable legal claims from the week’s news: As expected, Hunter Biden has tried to use findings from a Florida federal court that special counsel Jack Smith was unlawfully appointed to have his own pending federal tax charges dismissed in California. Can this creation of Aileen Cannon’s imagination survive in the wild? Speaking of the BIDEN CRIME FAMI...

Aug 23, 202449 minEp. 1062

OA Bar Prep With Heather! T3BE37

The answer for T3BE36 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !

Aug 21, 202444 minEp. 37

A 9/11 Lawsuit No One Is Talking About Reveals Deep Saudi Complicity

OA1061 This week Matt shares a mostly under-the-radar story which has completely changed his understanding of the events of September 11, 2001. As the 23rd anniversary of the attacks approaches, a mountain of information emerging from lawsuits filed by 9/11 families has revealed far more extensive ties between both al-Qaeda and at least two of the hijackers to the Saudi government than were ever previously known. Why has justice taken so long? How does the law even allow this suit to proceed, an...

Aug 19, 202449 minEp. 1061

At Least One Disney Lawyer Needs to Be Launched Into the Sun

OA1060 This week Matt breaks down four very different legal actions: 1. Donald Trump is suing the United States--yes, the same United States that he is running to be the President of--for $100 million based on the FBI’s alleged violation of the Florida common law tort of “intrusion upon seclusion” in executing a valid search warrant on Mar-A-Lago two years ago. Is Trump just spiking the legal football after his big win in front of federal judge Aileen Cannon in Jack Smith’s documents case, or is...

Aug 16, 202449 minEp. 1060

OA Bar Prep With Heather! T3BE36

The answer for T3BE35 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !

Aug 14, 202434 minEp. 35

You Can Run for Office. Yes, You! Just Ask RI Sen. Meghan Kallman!

OA1059 This week we welcome Rhode Island state senator Meghan Kallman for a conversation about the power of state lawmaking and ordinary people in elected office. Meghan is a professor of sociology at UMass Boston whose work in both the theory and practice of how people organize led her to a parallel career in politics. As the Democratic Presidential ticket coalesces around a woman and (for the first time since 1980!) a non-lawyer, we discuss the unique challenges which women still face in US po...

Aug 12, 202452 minEp. 1059

Is It Illegal To Make Elon Musk Sad

OA1058 We begin with Neil Gorsuch’s recent appearance on Fox News. How normal is it for a sitting Supreme Court justice to go on Fox News, and did Gorsuch really just threaten the Biden administration over its relatively minor court reform proposals? In our main story, we break down two major antitrust suits from the past week: Elon Musk’s ridiculous claim that corporations which refuse to advertise on a social media platform which has failed to regulate neo-Nazi and animal abuse content are vio...

Aug 09, 202452 minEp. 1058

OA Bar Prep With Heather! T3BE35

The answer for T3BE34 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !

Aug 07, 202430 minEp. 35

Suing the CIA Over MKUltra

OA1057 We’re giving ourselves a break this week from Trump, the Supreme Court, and all things 2024 to indulge in one of Matt’s all-time favorite subjects: CIA mind control experiments! In this extra-carefully-researched episode, Matt breaks down the history of the federal government’s MKULTRA program to fund research in brainwashing, mind control, and LSD on unsuspecting U.S. and (for some reason) Canadian citizens, as well as the inherent legal issues in trying to sue the CIA for something you ...

Aug 05, 202450 minEp. 1057

The SCOTUS Embarrassment That Was the EMTALA Case

OA1056 As the Trump campaign celebrates the “demise” of the Heritage Foundation’s Project 2025, we check in on reports of its death to see just how exaggerated they might be. Does it even matter that the ultra-conservative push to remake the personnel and policies of the federal government run by people who talk like Bond villains is (allegedly) no longer in the policy game? And how did things get to the point that these people were too extreme for Stephen Miller? We then discuss the Supreme Cou...

Aug 02, 202451 minEp. 1056

OA Bar Prep With Heather! T3BE34

The answer for T3BE33 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !

Jul 31, 202433 minEp. 34

Rap on Trial

OA1055 Charis Kubrin is a professor of criminology at University of California Irvine whose extensive analysis of rap lyrics has provided the basis for her expert testimony in cases around the U.S. in which an artist’s work has been used against them as criminal evidence. Professor Kubrin joins us to explain what brought her to this subject, the history of “rap on trial,” and her ongoing work with the defense bar to push back against this problematic and almost inevitably racist practice. Charis...

Jul 29, 202452 minEp. 1055

Setting the Record Straight on Kamala's Record

OA1054 As the Democratic Party comes together around presumptive nominee Kamala Harris after Joe Biden's surprise exit, we take another look at the Vice President”s career and political record. Is she any more of a “cop” than any other career prosecutor? How will history remember this VP? What might we expect from a President Harris that we wouldn't from a second Biden term? And why did Matt just get kicked out of a library in Rhode Island? We take on all of these questions and many more in this...

Jul 26, 202458 minEp. 1054

OA Bar Prep With Heather! T3BE33

The answer for T3BE32 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !

Jul 24, 202438 minEp. 33

Biden is OUT! Republicans Cry Foul and Lie About the Law

OA1053 We had a different episode ready, but this development warranted an emergency episode. Matt answers many of the most pressing questions about what happens next. Can Harris get on the ballot? Does she get access to the funds Biden had? What happens with Biden's delegates? And is it illegal to drop out of a presidential race... for some reason... as many Republicans are saying? If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !...

Jul 22, 202443 minEp. 1053

I Think This Judge Cannon Might Not Be on the Level

OA1052 CAAAANNNONNNNNBALLLLLL! Judge Aileen Cannon has just made a major splash in the Trump trials by dismissing the entire federal classified documents case based on her findings that special prosecutor Jack Smith was unlawfully appointed. We try our best to pretend that this 93-page decision is a regular order released by a normal judge, at least for a few minutes, before moving on to ask: Should we have seen this coming? Does this explain Clarence Thomas’s weirdly unprompted thoughts on the ...

Jul 18, 202457 minEp. 1052

OA Bar Prep With Heather! T3BE32

The answer for T3BE31 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law !

Jul 17, 202438 minEp. 32

"Don't Say Gay" Bills Must Violate the 1st Amendment... Right? RIGHT?!

OA1051 In the wake of... one of the many moral panics likely started by Chris Rufo, many "Don't Say Gay" laws were passed. I don't know about you, but I had just figured these had to be unconstitutional. After all, we have freedom of speech, right? There's an Amendment about that, right? Well....... Returning to the show to take us through this is the best namer of law review articles, Caroline Mala Corbin . Caroline is a law professor at the University of Miami, focusing on the First Amendment'...

Jul 15, 20241 hr 4 minEp. 1051
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