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

T3BE Week 2!

Thomas Takes the Bar Exam! It's time for the answers to last week's questions, plus two more! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law ! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Feb 22, 202433 minEp. 1007

The Fani Willis Hearings - Your Comprehensive Guide 2

Episode 1007 It's Part 2! Fani testifies! It is high drama. Not only that, we hear from an incredible Cohen Brothers movie character for some reason. We also hear from Fani Willis's dad, someone who has led a fascinating life. Then finally, they put Wade's ex-partner Bradley on the stand and... try to make him talk for like 4 hours. It also takes a very dark turn. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law ! For the time being, any profit over and abo...

Feb 21, 20241 hr 11 minEp. 1007

The Fani Willis Hearings - Your Comprehensive Guide

Episode 1006 Part 1! We watched 17 hours of Fulton Country Superior Court so you don't have to! Cohabitating lawyers Matt and Casey are here to break down many of the legal issues, from the mundane to the outright bizarre. These hearings were truly extraordinary. Some of the craziest courtroom drama to ever happen in the real world. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law ! For the time being, any profit over and above the costs of operating the sh...

Feb 20, 20241 hr 23 minEp. 1006

What In God's Name Is Happening In Georgia

Episode 1005. So uh, yeah. About that. The news was so crazy that we recorded two different episodes and I had to stitch them together like a Frankenstein's Podster. Because WOW Georgia. In addition to that, Matt has for us a tour of the Trump legal circuit! It makes stops in DC, Florida, Georgia, and New York, with a brief layover in 1998 to reminisce about where we were the first time we heard an elected official talking about their sex life under oath. We share some initial impressions of the...

Feb 16, 20241 hr 16 minEp. 1005

Thomas Takes the Bar Exam Returns! T3BE Week 1

At laaaaaaaast it is the return of #T3BE! And we've got, not 1, not 2, but 3 questions! First, a question + answer to get warmed up, since we don't have any answers from previous weeks. THEN, the question everyone can play along with. AND THEN, it's the question only Patrons are elligible to win. But also, for patreons only, I've included the first question Matt and I ever did. We did some T3BE to practice, and this first one is maybe my favorite. If you'd like to support the show (and lose the ...

Feb 14, 202435 minEp. 1004

SCOTUS OKs Execution By Nitrogen Gas Because Evil

This episode is brought to you by Trade Coffee! Visit drinktrade.com/oa Episode 1004. "What's going wrong?" Neil Young once asked Alabama, and it's still a good question 52 years later in the wake of the unprecedented execution of Eugene Michael Smith on January 25, 2024 by nitrogen gas. Casey returns to share why learning about the death penalty made her want to be a lawyer before we review the recent history of capital punishment in the U.S. and the dangers of an originalist interpretation of ...

Feb 12, 20241 hr 5 minEp. 1004

Bonus! These Are Not Serious People...

Republicans thought they were going to impeach DHS Secretary Mayorkas but they didn't count on... AL GREEN! There has been so much in the news that Matt and I thought we'd do some bonus recording, both to give you fine folks more content and also to keep practicing and getting into the groove. Matt breaks down the absurd Articles of Impeachment that some Republican intern typed up. Then we talk about the border bill Republicans demanded but then... fought against after Trump said to. If you'd li...

Feb 11, 202452 minEp. 1003

The Fani Willis Thing... How Bad Is It?

This episode is brought to you by Trade Coffee! Visit drinktrade.com/oa ! In Episode 1003, Thomas and Matt are joined by Matt's partner, Casey, to discuss what's been going on with District Attorney Fani Willis down in Fulton County, Georgia. Perhaps you've heard about a scandal involving a relationship and a messy divorce... But how severe is it? How much of it is real, and how much is MAGA disinfo? What is likely to happen? Find out! Casey was a prosecutor at the state level for more than 15 y...

Feb 10, 20241 hr 8 minEp. 1003

These Are Death Penalty Cases In Traffic Court

This episode is brought to you by Trade Coffee! Visit drinktrade.com/oa In episode 1002, we get to know Matt Cameron. He talks about his background, his legal practice and areas of expertise. I ask him about the case he is most proud of, and you will not believe what it took for him to win it! Then I ask him about the case he most regrets, and... wow. Let's just say Matt does incredibly difficult and important work. You do not want to miss this one, these stories are so compelling, and they make...

Feb 08, 202452 minEp. 1002

Thomas Takes the Podcast Back

#T3PB babyyyyyy! Due to several good court thingies, this podcast is now hosted by Thomas Smith. Not too much can be said, but this episode contains a bit of how we got here, and the plan for the future. If you'd like to support the show, please pledge at patreon.com/law and get your hands on the first lawsode with Matt Cameron! Plus lots of bonus things coming. For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability....

Feb 08, 202415 minEp. 1001

OA859: Looks Like We Won't Have DeSantis To Kick Around Any More

On the day that Ron DeSantis dropped out of the Republican presidential primary and endorsed his personal bully, Donald Trump, Liz and Andrew cover two stories that could impact the 2024 presidential election. First, we tackle the centrist group "No Labels" request that the Civil Rights Division of the Department begin a criminal RICO investigation into... people who don't like the centrist group "No Labels." Neat! Then, we break down all of the pending actual law stuff going on in Trump's civil...

Jan 22, 20241 hr

OA858: Trump Laywers Are Tryin' It In All The Courts

Liz and Andrew dive deeply into Alina Habba and Michael Madaio's efforts to cross-examine E. Jean Carroll and her expert, Dr. Ashlee Humphreys. Plus much, much more! Notes Ameriekalinje v. Sun P. P. Assn, 226 N.Y. 1 (1919) https://casetext.com/case/norske-ameriekalinje-v-sun-p-p-assn Justice Manual 9-5.000 https://www.justice.gov/jm/jm-9-5000-issues-related-trials-and-other-court-proceedings -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://w...

Jan 19, 202457 min

OA857: Can Elon Musk Blow Up Your Right To Join A Union?

After a roundup including the first day of the E. Jean Carroll trial, Liz and Andrew break down the latest SpaceX lawsuit and discuss what it might mean for the future of collective bargaining. Notes Nathan J. Robinson, researcher, Current Affairs , “Surely We Can Do Better Than Elon Musk,” April 7, 2021 https://www.currentaffairs.org/2021/04/surely-we-can-do-better-than-elon-musk S. Derek Turner, “Broadband Boondoggle: Ajit Pai's $886M Gift to Elon Musk,” Free Press, December 14, 2020 https://w...

Jan 17, 20241 hr 9 min

OA856: Trump Tries To Delay Carroll Trial (But Not Campaign Rally!) For Funeral

Today, Liz and Andrew document Donald Trump's latest (failed) shenanigans in the E. Jean Carroll defamation trial set to begin in New York on Tuesday. Then, they break down in depth the motion to disappear the Fulton County, GA indictment on the grounds of DA Fani Willis's alleged relationship with special prosecutor Nathan Wade. Notes Trump DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump E. Jean Carroll v. Trump (Carroll I) docket https://www.courtlistener.com/dock...

Jan 15, 202452 min

OA855: Trump Fraud Trial Ends, Not With A Bang But With a Tantrum

Liz and Andrew describe the truly audacious plan cooked up by Trump and his counsel to disrupt his fraud trial's closing arguments. Then, the two break down a recent TRO entered prohibiting Ohio's social media ("anti-TikTok") law from going into effect. Notes Pew Media Poll https://www.pewresearch.org/short-reads/2023/10/31/81-of-us-adults-versus-46-of-teens-favor-parental-consent-for-minors-to-use-social-media/ NetChoice, LLC v. Yost, 1/5 Complaint https://storage.courtlistener.com/recap/gov.us...

Jan 12, 202442 min

OA854: Trump Lawyers Discover ONE WEIRD TRICK To Get Away With Murder! (Be President.)

"So, I understand your answer to be that if the President uses Seal Team Six to assassinate his political rival, and he hasn't been impeached and convicted by the Senate, he can't be prosecuted." That really happened. Liz and Andrew break down yesterday's pivotal argument before the Court of Appeals of the DC Circuit as to whether Donald Trump has immunity from prosecution for his efforts to steal the 2020 Election because he was the President. Notes Roman Motion to Dismiss GA https://s3.documen...

Jan 10, 20241 hr 3 min

OA853: The NRA Is On Trial & The Mouse Is Loose!

In this Trump-free episode, Andrew and Liz break down the civil trial of the National Rifle Association beginning TODAY in New York. No, the NRA isn't going to be dissolved, but yes, they could be hit with a ton of restrictions & some bad actors could be forced to fork over a ton of money, so you'll want to follow this story. Then, the duo tackle the passage of Steamboat Willie into the public domain. What is the public domain? What does it all mean? Listen and find out! Notes DC Circuit liv...

Jan 08, 20241 hr 3 min

OA852: Trump Asks SCOTUS To Put Him Back on the Colorado Ballot Despite 14th Amendment

Liz and Andrew break down an entirely new argument being advanced by Trump's allies to get him back on the Colorado ballot. Will it work? Listen and find out! Then, the duo break down the latest barrage of nonsense filings in DC. Notes Colorado state court ruling https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023%20Final%20Order.pdf Colorado Supreme Court ruling https://www.courts.state.co.us/userfiles/file/Court_Probation/Suprem...

Jan 05, 20241 hr 4 min

OA851: Iowa Judge Cancel Cultures GOP Book Ban

Our first episode of 2024 is a Good News episode! First, Liz and Andrew break down a new argument that might get everything back on track in Trump's DC prosecution. Then, the duo unpack a recent ruling enjoining Iowa's anti-LGBTQ book ban. Notes Trump DC per curiam order https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208584150.0_5.pdf Trump DC immunity brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.120858280...

Jan 03, 20241 hr 1 min

OA850: Our Favorite Stories of the Year

After speedrunning the Year in Trump, Liz and Andrew share their favorite legal stories of 2023. Notes MN state supreme court ruling in Growe v. Simon https://s3.documentcloud.org/documents/24138784/order-dismiss-not-stipulated-entire-case.pdf ME SOS determination re: Trump https://s3.documentcloud.org/documents/24245391/decision-in-challenge-to-trump-presidential-primary-petitions.pdf US v. Trump DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/ Michael Cohen ChatGP...

Dec 31, 20231 hr

OA849: The Law Of New Year's!

As we wind down 2023, Liz and Andrew bring you an entirely Trump-free, New Year's Eve-themed show! First, the two discuss legal weed, President Biden's pardon, and what the future holds for those who like to smoke. Then, Liz and Andrew discuss the legal minutiae of the Ninth Circuit's reversal of the conviction of Rep. Fortenberry (pictured). Ever wanted to know the difference between venue and vicinage? You will now! Thank you for listening to us in 2023! Notes Sessions January 4, 2018 memo re ...

Dec 29, 202345 min

OA848: Trump is Off the Ballot in Colorado!

Liz and Andrew break down what the latest decision by the Colorado Supreme Court means, how it will take effect, and how a court that claims to be devoted to textualism and originalism will grapple with arguments aimed squarely at their wheelhouse. You know you want it! In the A segment, they also break down Trump's latest efforts to convince the Supreme Court to move really, really slowly. Notes Colorado Supreme Court declares Trump ineligible for the ballot https://www.courts.state.co.us/userf...

Dec 22, 202356 min

OA847: Why Being A "Former" Government Official is Bad News for Mark Meadows... and Donald Trump

Liz and Andrew of course recorded this show before the big Colorado Supreme Court decision, but rest assured that breakdown is coming! In this episode, Liz and Andrew discuss Trump's hapless legal filings across multiple jurisdictions before diving deeply into a surprising decision from the very conservative 11th Circuit regarding the scope of the federal criminal removal statute. What does it all mean? Listen and find out! There will be no show on Dec. 25 and 27th. Happy Holidays! Notes - Trump...

Dec 20, 20231 hr 6 min

OA846: Forget Impeaching His Dad, Will Criminal Charges Even Stick Against Hunter Biden?

Liz and Andrew react to the $148 million defamation verdict against Rudy Giuliani by pollworkers Shaye Moss and Ruby Freeman before tackling the latest barrage of motions to dismiss filed by Hunter Biden's lawyers in the Delaware gun charge case. If you need to cut through some right-wing nonsense over the holidays, this is the episode for you! Notes DOJ Order No. 5730-2023 appointing Weiss https://www.justice.gov/d9/2023-08/order.appointment_of_david_c._weiss_as_special_counsel.pdf Hunter Biden...

Dec 18, 20231 hr 16 min

OA845: Immunity and Rudy, Part 2

Liz and Andrew continue to cover a bunch of stories with the connected theme of how to push back against Donald Trump's efforts to use anything and everything to postpone his criminal trials. Also, there's rare good news regarding the Supreme Court and its refusal to grant certiorari in Tingley v. Ferguson , meaning that Washington state's law prohibiting conversion therapy stays in place. All that and much, much more, including a breakdown of the last day of Rudy's defamation lawsuit! Notes SCO...

Dec 15, 20231 hr

OA843: OA Field Trip! (Plus: Hunter Biden’s Taxes) feat. Kel McClanahan

Liz and Andrew welcome back friend of the show Kel McClanahan to tell us about an oral argument at the US Court of Appeals for the DC Circuit that you can and should attend in an effort to get the Senate Intelligence Committee’s full report on torture during the Bush administration released to the public! Then, Liz and Andrew break down what’s really going on with the Hunter Biden tax indictment. Notes Hunter Biden tax indictment https://storage.courtlistener.com/recap/gov.uscourts.cacd.907805/g...

Dec 11, 20231 hr 3 min

OA842: Does John Eastman WANT To Be Disbarred? (Maybe.)

Liz and Andrew tackle John Eastman's brief in his disbarment hearing arguing that the 2020 Presidential election was in fact stolen. It was not. In the A story, Andrew and Liz walk through Trump's latest efforts to invade the secrecy of confidential documents in the Southern District of Florida. Notes Moore v. Harper https://scholar.google.com/scholar_case?case=3002636935552946163 PA SOS final report on 2020 election https://www.dos.pa.gov/VotingElections/BEST/Pages/BEST-Election-Stats.aspx CA S...

Dec 08, 202353 min

OA841: Sometimes When The President Does It, It IS Illegal!

Liz and Andrew unpack the two recent decisions on Presidential immunity. What does it mean for the civil and criminal cases against Donald Trump? But first, the duo unpack a recent Rule 404 filing by Special Counsel Jack Smith that reveals some (more) disturbing details of how Trump planned to hijack the 2020 Presidential election. In the LONG Patreon bonus, Andrew and Liz parse through some seemingly-minor findings and show how they're part of the bad faith effort by Judge Aileen Cannon, FSW, t...

Dec 06, 202356 min
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