Opening Arguments: Recent Episodes
None
Liz says goodbye.
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/pscrb.fm/rss/p/traffic.libsyn.com/openargs/LizGoodbye.mp3
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 defamation suit in New York — since precious little of that is going on in the courtroom itself. What’s the rule of completeness? When are defenses waived? Who has a duty to mitigate? And so much more!
Notes
Habba Letter Brief re: Mitigation
https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.272.0.pdf
No Labels
https://www.nolabels.org/documents/59546/DOJ%20letter%201.11.24.pdf
Co-founder of No Labels resigns
https://www.wsj.com/articles/no-labels-may-re-elect-donald-trump-third-party-independent-galston-rematch-f2e7697d
Semafor article on No Labels
https://www.semafor.com/article/12/19/2023/the-plot-against-no-labels
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-And finally, remember that you can email us at openarguments@gmail.com
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/pscrb.fm/rss/p/traffic.libsyn.com/openargs/OA859_Regular.mp3
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
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-And finally, remember that you can email us at openarguments@gmail.com
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA858.mp3
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://www.freepress.net/our-response/expert-analysis/insights-opinions/broadband-boondoggle-ajit-pais-886m-gift-elon-musk
NLRB proceedings against SpaceX
https://www.nlrb.gov/case/31-CA-307446
NLRA, 29 U.S.C. § 151 et seq.https://www.law.cornell.edu/uscode/text/29/chapter-7/subchapter-II
NLRB damages chart
https://www.nlrb.gov/reports/nlrb-case-activity-reports/unfair-labor-practice-cases/remedies-achieved/monetary-remedies
SpaceX v. NLRB docket
https://www.courtlistener.com/docket/68136196/space-exploration-technologies-corp-v-national-labor-relations-board/
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/pscrb.fm/rss/p/traffic.libsyn.com/openargs/OA857_Regular.mp3
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/docket/18418220/carroll-v-trump/
Roman Motion to Dismiss GA
https://s3.documentcloud.org/documents/24352568/roman-motion-to-dimiss-010824.pdf
Whitworth v. State, 622 S.E.2d 21 (Ga. App. 2005)
https://scholar.google.com/scholar_case?case=3050238223814330373
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA856_Regular.mp3
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.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.1.0.pdf
NetChoice, LLC v. Yost, 1/9 Order
https://storage.courtlistener.com/recap/gov.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.27.0_1.pdf
Ohio Rev. Code 1349.09
https://codes.ohio.gov/ohio-revised-code/section-1349.09
OA 767
https://openargs.com/oa767-porn-wont-someone-please-think-of-the-children-feat-ari-cohn/
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-And finally, remember that you can email us at openarguments@gmail.com
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA855.mp3
“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.documentcloud.org/documents/24352568/roman-motion-to-dimiss-010824.pdf
Trump brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208582803.0_3.pdf
DOJ brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583920.0_1.pdf
American Oversight amicus https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583989.0_1.pdf
167 Cong. Rec. S607 (daily ed. Feb. 9, 2021) https://www.congress.gov/117/crec/2021/02/09/CREC-2021-02-09.pdf
Kel’s CLE class
https://dcbar.inreachce.com/Details/Information/9e60ed07-539c-4b48-bc8b-cb75b543d99c
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-And finally, remember that you can email us at openarguments@gmail.com
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA854_Regular.mp3
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 livestream Trump Appeal Tuesday Jan 9, 9:30amET
https://www.youtube.com/watch?v=PEQ1aToavl8
Babbitt Estate v. US — Docket via Court Listener
https://www.courtlistener.com/docket/68139457/estate-of-ashli-babbitt-v-babbitt/
US v. Texas — Docket via Court Listener
https://www.courtlistener.com/docket/68134300/united-states-v-texas/
NY Case Search
https://iapps.courts.state.ny.us/nyscef/CaseSearch
Appellate Docket No: 2023-06396
Trial Docket No: 451625/2020
US Copyright Office Circular 33
https://www.copyright.gov/circs/circ33.pdf
Klinger v. Conan Doyle Estate (7th Cir. 2014)
https://freesherlock.files.wordpress.com/2013/02/klinger-7th-circuit-opinion-c.pdf
Secrecy, Self-Dealing, and Greed at the N.R.A.
https://www.newyorker.com/news/news-desk/secrecy-self-dealing-and-greed-at-the-nra
NRA Awarded Contracts to Firms With Ties to Top Officials
https://www.wsj.com/articles/nra-awarded-contracts-to-firms-with-ties-to-top-officials-1543590697
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA853_Regular.mp3
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
Click to access 11_17_2023%20Final%20Order.pdf
Colorado Supreme Court ruling
https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf
Lawfare Tracker on Trump DQ
https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker
OA 836
https://openargs.com/oa836-yes-a-court-found-that-trump-incited-an-insurrection-now-what-feat-seth-barrett-tillman/
OA 848
https://openargs.com/oa848-trump-is-off-the-ballot-in-colorado/
Socialist Workers Party of Ill. v. Ogilvie, 357 F. Supp. 109, 113 (N.D. Ill. 1972)
https://scholar.google.com/scholar_case?case=13881601664092355452
Voting and Vice, 2012 Yale Law Review (Re and Re)
https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5515&context=ylj
Trump report on stolen election
Click to access summary20of20election20fraud20in20the20swing20states.pdf
Trump lawyers’ doozy of a filing on voter fraud – Washington Post
https://www.washingtonpost.com/politics/2024/01/03/trump-lawyers-doozy-filing-voter-fraud/
Rolling Stone on Trump turning trial into a MAGA freak show
https://www.rollingstone.com/politics/politics-features/trump-plot-to-turn-jan-6-trial-into-maga-freak-show-1234938951/
Trump motion for order to show cause DC
Click to access gov.uscourts.dcd.258149.192.0.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA852.mp3
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
Click to access gov.uscourts.cadc.40415.1208584150.0_5.pdf
Trump DC immunity brief
Click to access gov.uscourts.cadc.40415.1208582803.0_3.pdf
Ed Meese amicus brief
Click to access gov.uscourts.cadc.40415.1208584119.0_1.pdf
American Oversight amicus brief
Click to access gov.uscourts.cadc.40415.1208583989.0_1.pdf
In re Grand Jury Investigation, 916 F.3d 1047 (2019)
https://scholar.google.com/scholar_case?case=8603210867025765580
D. Iowa Order re LGBTQ book ban
Click to access gov.uscourts.iasd.85819.65.0.pdf
Iowa Senate File 496
https://www.legis.iowa.gov/docs/publications/LGE/90/SF496.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA851.mp3
Liz and Andrew begin with a discussion of Kevin McCarthy's efforts to impeach Ice Cream Joe before the linkroll roundup of all the major developments over the past few days.
Then, in the main segment, the two discuss the fate of the right-wing nonsense suit in Missouri v. Biden, in which a Trump-appointed judge essentially prevented the Biden administration from reporting nonsense on social media.
Did the Fifth Circuit save the day?? Listen and find out!
In the Patreon bonus, the duo dive deeply into the Fulton County Special Purpose Grand Jury report that Donald Trump tried so hard to disappear. What... good news for Trump might it hold??
Liz and Andrew break down all the latest developments before taking a deep dive into the significance of Mark Meadows’s stunning loss in trying to remove his criminal indictment from state court in Fulton County, Georgia to federal court. What does that mean for Donald Trump? Listen and find out!
In the Patreon bonus, Liz and Andrew discuss the testimony of a key upcoming witness who definitely has the goods on Donald Trump.
Notes
OA 785
https://openargs.com/oa785-all-gerrymandering-is-local-feat-joe-dye/
Coomer v. Lindell Docket
https://www.courtlistener.com/docket/63296393/coomer-v-lindell/?filed_after=&filed_before=&entry_gte=&entry_lte=ℴ_by=desc
State of GA v. Clark, Docket
https://www.courtlistener.com/docket/67713789/the-state-of-georgia-v-clark/?filed_after=&filed_before=&entry_gte=&entry_lte=ℴ_by=desc
Order granting injunctive relief in Milligan v. Allen
https://storage.courtlistener.com/recap/gov.uscourts.alnd.179302/gov.uscourts.alnd.179302.272.0.pdf
Giuliani Motion for Indictment Perfect in Form
https://cms.themessenger.com/wp-content/uploads/2023/09/Giuliani-motion-9.8.23.pdf
Donaghue Jan 6th testimony
https://www.govinfo.gov/content/pkg/GPO-J6-TRANSCRIPT-CTRL0000034600/pdf/GPO-J6-TRANSCRIPT-CTRL0000034600.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA805_Regular.mp3
Liz and Andrew try a lightning round segment, answer a listener question, and then update you on the travails of Trump’s lawyers as defendants in Fulton County, Georgia and as conflicted-out scoundrels in the US District Court for the Southern District of Florida.
Notes
Hunter Biden Docket
https://www.courtlistener.com/docket/67511701/united-states-v-biden/?order_by=desc
US v. Abbott Docket
https://www.courtlistener.com/docket/67630985/united-states-v-abbott/?order_by=desc
Rejection Trump Boys’ Motion for Stay
https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=7VeIswUTaqJ_PLUS_2jqwndUGqQ==&system=prod
Fulton County docket
https://www.fultonclerk.org/DocumentCenter/Index/142
Chesebro Motion to dismiss
https://www.fultonclerk.org/DocumentCenter/View/2159/MOTION-TO-DISMIS-UNDER-THE-SUPREMECY-CLAUSE—CHESEBORO
DA Fani Willis letter to Jim Jordan
https://s3.documentcloud.org/documents/23941366/jim-jordan-letter.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA804_Regular.mp3
Okay, so it’s an all-Trump episode… but you won’t want to miss Liz and Andrew breaking down whether Donald Trump can sever his case from his co-defendants in Fulton County, along with updates on the Trump DC case and the impending disbarment of Trump’s little buddy and insurrectionist mastermind, John Eastman.
In the Patreon bonus, the duo update you on Day 1 of Trump lackey Pete Navarro’s trial for failure to comply with the January 6th Committee’s congressional subpoena.
Notes
Trump DC docket
https://www.courtlistener.com/docket/67656595/united-states-v-trump
DOJ reply Opp Motion to Vacate
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.49.0.pdf
Perry DC Cir docket
https://www.courtlistener.com/docket/66700176/in-re-sealed-case/?filed_after=&filed_before=&entry_gte=&entry_lte=ℴ_by=desc
Willis Motion to Advise Defendants
https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F0FC73AC40C5
Trump Motion to Sever
https://s3.documentcloud.org/documents/23933074/23sc188947-motion-6.pdf
Jan 10 2021 Eastman email to Valerie Moon
https://storage.courtlistener.com/recap/gov.uscourts.cacd.841840/gov.uscourts.cacd.841840.350.8_4.pdf
Liz Wonkette on Gohmert
https://www.wonkette.com/p/dumbest-man-in-congress-files-election-lawsuit-that-would-make-a-krakenhead-blush
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA803_Regular.mp3
Today’s show welcomes Georgia criminal defense and appellate attorney Andrew Fleischman to the show to help answer Liz and Andrew’s questions about the case against Donald Trump and his criminal enterprise in Fulton County, Georgia.
You might be surprised at some of the things the major news outlets aren’t getting right….
Notes
DA Fani Willis’s Motion to Advise Defendants
https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F0FC73AC40C5
Chesebro’s Response to Motion to Advise Defendants
https://www.fultonclerk.org/DocumentCenter/View/2152/23SC188947-RESPONSE-TO-STATES-MOTION-KENNETH-JOHNS-CHESEBRO
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA802_Regular.mp3
Liz and Andrew tackle the latest right-wing nonsense freakout talking point: that Joe Biden, as Vice-President, used secret email accounts to backchannel his criminal plotting to his son Hunter. Learn how every bit of this claim is complete nonsense as we break down the latest FOIA lawsuit filed by the Southeastern Law center.
After that, the two discuss Sidney Powell's hilarious motion to sever her criminal indictment from everyone else in Fulton County, Georgia AND the ongoing saga of Trumpland lawyers and their conflicts.
And if all that isn't enough, in the Patreon bonus, Liz and Andrew talk about the most recent developments with Trump lackey Peter Navarro.
Surprisingly, Mark Meadows testified at his removal hearing in Georgia, which means that he has likely waived his Fifth Amendment rights against self-incrimination. To understand what happened and why, Liz and Andrew welcome back friend of the show Mitchell Epner. Could this mean that Meadows will flip on Trump -- and if so, when?? Listen and find out!
Today, Liz and Andrew tell you everything you need to know about Mark Meadows's efforts to remove the Fulton County, GA RICO indictment to federal court; about Sidney Powell's efforts to demand a speedy trial; and about the rising tension between Donald Trump and the rest of his co-conspirators.
After that, the duo break down the impending ethics crisis in the Southern District of Florida documents retention case, and discuss how Judge Aileen Cannon, FSW, is on the verge of ignoring very real conflicts that could prevent Trump's two co-defendants from getting a fair trial.
Today is a good day. Liz and Andrew enjoy the string of losses dealt to the Trump criminal enterprise in Fulton County, Georgia and then follow that up with some listener questions!
If you wonder why it matters whether Mark Meadows can remove the case to federal court, this show is for you! If you're curious as to why some defendants want a speedy trial while others (cough Donald Trump) want to wait a decade, this show is for you!
And if you just want to kick back and enjoy the criminal justice system at work, this show is definitely for you.
In the Patreon bonus, Andrew and Liz break down the law of severance and discuss whether Trump will be able to get out from his 18 cronies.
Liz and Andrew check in on the latest developments from the Trump indictments in Fulton County, GA with a RICOsplainer and a gaggle of removals; in Washington, DC with a complaint about a Statue of Liberty-sized mountain of discovery; and in the Southern District of Florida with an argument so bad it took Stan Woodward to make it.
In the Patreon bonus, the duo tackle yet another chimera bred by Jeff "Oil Spill" Clark.
Liz and Andrew discuss developments in the Fulton County, Georgia indictment with respect to Mark Meadows before welcoming guest Chris Regan to discuss the "two systems of justice" in our country: one for every other criminal defendant, and one for Donald Trump.
The interview ends with a discussion of West Virginia politics and the future of Joe Manchin that you don't want to miss!
Liz and Andrew bring you a (mostly) Trump-free show discussing all things Twitter, including the recent sanctions imposed for failure to comply with a search warrant, a lawsuit against the former Twitter lawyers, and a truly oppressive lawsuit designed to deter a charity that's critical of... Elon Musk's policies.
It's here! Liz and Andrew break down the 41-count, 19-defendant indictment of Donald Trump on state criminal charges in Fulton County, Georgia
Liz and Andrew welcome back friend of the show Mitchell Epner for an episode dedicated to understanding the right wing's latest distractions, including their bizarre and wrong argument that the DOJ corruptly agreed to funnel a sweetheart deal to Hunter Biden.
Find out the truth - including why Hunter Biden's lawyers rejected the plea deal! - in this episode. You won't want to miss it!
We're back to a Trump show as Liz and Andrew break down the latest Trump filing in the Southern District of Florida documents case before moving on to DC to discuss Co-Conspirators 2 and 5, John Eastman and Ken Chesebro, particularly in light of the latest email discovered in which the Cheese suggests everybody ought to do some light criming!
Yes, you read that correctly. This is a classic OA deep dive, in which Liz and Andrew break down a disturbing sanctions order issued by a Trump-appointed judge in Texas who, all on his own, decided to order Southwest Airlines to fly out a bigot from the Alliance Defending Freedom to teach their lawyers how to be bigots.
It's bad.
Liz and Andrew compare and contrast procedural motions in both the Southern District of Florida (the document retention case) and the District of Columbia (the conspiracy to overthrow the elections case). What does a motion for a protective order tell us about how Special Counsel Jack Smith intends to prosecute both cases? Listen and find out!
Liz and Andrew break down the weekend's developments in Trump's criminal case in DC for conspiring to steal the 2020 election, including a rundown of the terrible arguments being made by his newest lawyer, John Lauro.
Liz and Andrew welcome back to the show Mitchell Epner, who helps break down today's arraignment of Donald Trump in DC, with a particular focus on the conflicts of interest surrounding Stan Woodward (in Florida) and Todd Blanche (in DC).
It's INDICTMENT DAY! Liz and Andrew release an emergency episode one day early that tells you everything you need to know about the just-released Trump DC indictment!
Liz and Andrew begin by discussing the latest developments in Fulton County, Georgia. No, it's not a Trump indictment - but it is the next best thing!
After that, the duo break down Trump's latest LOLsuit loss in Trump v. CNN, and discuss how Trump may aim to leverage that loss into an argument to overturn the most important Supreme Court case in terms of press freedom: New York Times v. Sullivan.
Liz and Andrew welcome a very special guest expert to break down redistricting in Alabama, Miami, and elsewhere in light of Allen v. Milligan. This is an unpaid post on Patreon.
HERE IT IS! Liz and Andrew break down a rapid response to the superseding indictment of Donald Trump in the Mar-a-Lago documents case.
As a bonus, the duo also discuss today's DOJ filing for a protective order and what it tells us about Trump's strategy (hint: it's greymail).
Liz and Andrew break down the latest developments in Hunter Biden's plea deal and help inoculate you against the coming right-wing storm of misinformation suggesting something nefarious.
In the Patreon bonus, Andrew and Liz take a deep look at the Trump SDFL docket and discover something very interesting about Special Counsel Jack Smith.
Indictment Watch(TM) continues as Liz and Andrew update you as to what's new with Bernard Kerik before debunking the false arguments being made in defense of the fake electors who plotted with Trump to try and steal the 2020 election.
If you've ever heard anyone dishonestly suggest that "Hawaii in 1960" justifies generating fake electoral certificates, this is the episode for you!
As Indictment Watch(TM) continues, Liz and Andrew turn their eyes to Fulton County. Will DA Fani Willis beat Jack Smith in the race to indict Donald Trump for a third set of crimes? Will Trump's new lawyer, John Lauro, be less of a dipshit? (No.) And what about the fake cosplay electors who helped Trump try to steal Georgia? What's going to happen to them? Listen and find out!
In the Patreon bonus, Liz explains that yes, sometimes it is RICO, and gives us a very special Lizdive into the Georgia standardized test scandal of 2009. Trust us, it's all a seamless web!
Liz and Andrew provide a brief update as we continue to wait with bated breath on Trump indictments in DC (for the January 6th insurrection) and possibly in Fulton County, Georgia (for trying to falsify Georgia's election results).
In the main segment, Liz and Andrew break down the Supreme Court's recent decision in Biden v. Nebraska on the so-called "major questions" doctrine as to why we can't have nice things like student loan forgiveness.
Liz and Andrew invite back friend of the show Mitchell Epner to discuss the breaking news today that Jack Smith's Washington, DC grand jury has issued a "target letter" informing Donald Trump that he is likely to be indicted in connection with the January 6 investigation.
Find out exactly what all that means & much, much more!
Liz and Andrew welcome Prof. Guha Krishnamurthi to the show to discuss his forthcoming law review article about the future of affirmative action in light of the Supreme Court's recent decision in SFFA v. Harvard.
Liz and Andrew break down Trump's latest doomed efforts to try and suppress the Special Purpose Grand Jury Report in Fulton County, Georgia (because he's probably going to be indicted in the next few weeks).
Then, the two tackle the supposed "whistleblower" who can link Hunter Biden to Joe Biden to piles of cocaine to China to... something. Except that's all nonsense and the whistleblower has been indicted for the stuff they accuse Biden of doing. Neat!
Liz and Andrew give a few updates on Trump's scheduling and the E. Jean Carroll litigation before diving into Ray Epps's defamation lawsuit against Fox News.
Liz and Andrew take a deep look at the U.S. v. Trump docket and explain how some minor-seeming procedural filings may tell us more than you'd think about how Donald Trump intends to mount a defense for crimes that he's definitely guilty of. You won't want to miss this one!
Liz and Andrew break down the developments in the Trump documents case, including a deep dive into the relationship between Trump's co-defendant Walt Nauta and Nauta's lead counsel -- who's being paid by Trump's PAC.
Liz and Andrew break down two stories in the news. First, Republicans are taking aim at Target for its Pride line of products for the dumbest reasons. Second, the Sixth Circuit's has entered a stay of a district court order, effectively allowing Tennessee SB 1 -- prohibiting gender-affirming care -- to go into effect.
While Donald Trump rants incoherently about "vital caselaw, of which there is much," Liz and Andrew welcome back actual national security law expert and friend of the show Kel McClanahan to discuss what will actually happen under the Classified Information Procedures Act (CIPA) in the Trump documents trial.
Liz and Andrew break down the absolutely bonkers ruling by Judge Terry Doughty enjoining the Biden Administration from talking to social media. Yes, it's even worse than you think!
Liz and Andrew break down the Supreme Court's gutting of what little remained of affirmative action in the just-released decision of SFFA v. Harvard.
Liz and Andrew catch you up on all the news breaking surrounding the Trump indictments, including potential new charges, new cooperating witnesses, and much, much more.
Today, Andrew and Liz take a deep dive into the Supreme Court's recent decision in Moore v. Harper rejecting the independent state legislature theory & why we still need to be on guard against John Roberts and the Supreme Court.
Today, Liz and Andrew welcome back First Amendment expert Ari Cohn to break down Texas HB 1181, an anti-porn bill that will require websites to verify your age and also append a bunch of lies in the form of made-up "disclaimers" about the supposed harms of pornography.
We also break down the latest in the Trump documents case and make fun of Texas Gov. Greg Abbott for more than just the porn thing. You won't want to miss it!
Liz and Andrew break down the sanctions order entered in the Mata v. Avianca ChatGPT case, and we finally understand why things unfolded the way they did.
The duo also discuss the recent scheduling orders in the Trump documents case in the Southern District of Florida, where Judge Aileen Cannon, FSW, lurks in the wings.
Liz and Andrew welcome First Amendment lawyer Ari Cohn to help break down an important lawsuit involving Kathy Griffin, personal jurisdiction, and frivolous SLAPP lawsuits.
Liz and Andrew break down the bombshell ProPublica article about Samuel Alito's corruption, and along the way remind you of the right wing's complicity in the false narrative that abortion violence is a "both sides" issue. It isn't.
Liz and Andrew lead off with the blockbuster Washington Post story that the FBI and DOJ had to be browbeaten into investigating Donald Trump. After that, the duo tackle a bunch of stories surrounding the Trump indictments, including developments in both the Florida and New York cases, Rudy Giuliani being a jerk, and much, much more.
In the Patreon bonus, Andrew and Liz duo answer one of your burning questions: how exactly is the Trump documents case going to go to trial if only a handful of people can see the documents he's charged with having willfully retained? The answer is the Classified Information Procedures Act, and we start to break it down for you!
Liz and Andrew first discuss developments in the other Trump indictment -- remember that one in New York? After that, they break down the breakdown in Trump's legal team.
Happy Father's Day!
It's a grab bag of stories, mostly Trump-adjacent. After some great news on judges, Liz explains that the House GOP is so desperate to smear President Biden they've made like Rudy Giuliani and leaked. Stick around for the end, when the duo breaks down exactly what can (and can't!) be done about Judge Aileen Cannon, FSW.
Liz and Andrew welcome back Mitchell Epner to the show to break down today's indictment of Donald Trump & Walt Nauta... and also figure out just how much mischief Judge Aileen Cannon can cause.
Republicans are saying that the "Clinton sock drawer case" - Judicial Watch v. NARA - means that Trump didn't violate the Espionage Act and can just declare anything he wants to be a "personal" record.
THIS IS IT! Liz and Andrew break down the federal indictment of Donald Trump in connection with his retention of Presidential documents. This is your guide to everything so you'll stay one step ahead of the media coverage.
Yes, this was recorded before the Trump indictment!
Liz and Andrew take a deep dive into the last stand of the separation of church and state as Oklahoma formally lets the Catholic Church run a public school.
Liz and Andrew break down the latest filing by Twitter proving that the Twitter Files don't say anything like what Elon Musk said they did. So, to summarize: Twitter still isn't in cahoots with the Deep State to censor conservatives.
Then, it's time for some great news out of Florida as a federal judge blocks Florida's obscene law prohibiting the prescription of puberty blockers for three trans kids.
Liz and Andrew update you with breaking news about the ChatGPT case, Mata v. Avianca, as well as developments in the Trump documents and George Santos cases.
But all of that is mere appetizer for the main course: Alan Dershowitz’s ongoing tilting at windmills to convince a court to rewrite the attorney sanctions rules so that Alan Dershowitz can continue to represent monsters and idiots without consequences. Learn how Dersh is continuing to peddle the lie that he was merely “of counsel” to Kari Lake and therefore shouldn’t be held responsible for the fact that her complaint was a grab-bag of lies wrapped in more lies.
Notes
Lake v. Fontes docket
https://www.courtlistener.com/docket/63260463/lake-v-fontes
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/
-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA755_Regular.mp3
Liz and Andrew welcome NY practitioner David Lurie to the show to discuss Trump’s efforts to remove his New York indictment to federal court.
Notes
NY Crim Law 175.10
https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-3-specific-offenses/title-k-offenses-involving-fraud/article-175-offenses-involving-false-written-statements/section-17510-falsifying-business-records-in-the-first-degree
28 USC 1442
https://www.law.cornell.edu/uscode/text/28/1442
In re Commonwealth, 790 F.3d 457 (3d Cir. 2015)
https://scholar.google.com/scholar_case?case=5539437264593415986
Trump notice of removal
https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.1.0_2.pdf
Bragg Motion to Remand
https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.19.0.pdf
Morgan Lewis White Paper
https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.1.1_1.pdf
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/
-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA754_Regular.mp3
Liz and Andrew break down the recent Supreme Court decisions in Gonzalez v. Google and Twitter v. Taamneh with help from Corbin Barthold.
After discussing some breaking news, Liz and Andrew break down that viral “hey, are the airlines forcing passengers to step on scales before boarding the plane” story. Then, the duo update you on the impeachment of Texas AG Ken Paxton.
In the Patreon bonus, Andrew gets angry as we talk about the latest maneuvering by the guy who sold out his country for Donald Trump, Lt. Gen. Michael Flynn.
Notes
Mata v. Avianca – Motion for Extension of Time Granted in Part, Denied in Part
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.38.0.pdf
New Zealand Civil Aviation Act of 1990
https://legislation.govt.nz/act/public/1990/0098/latest/DLM214687.html
United States v. Virginia, 518 U.S. 515 (1996)
https://scholar.google.com/scholar_case?case=1428365285620704265
State v. Loomis, 881 N.W.2d 749 (Wis. 2016)
https://scholar.google.com/scholar_case?case=3222116451721963278
Paxton Articles of Impeachment https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HR02377I.pdf#navpanes=0
Senate Resolution Impeachment
https://legiscan.com/TX/text/SR735/2023
ProPublica article on COMPAS
https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/
-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA752_Regular.mp3
Today, Liz and Andrew tackle the case that’s burning up the Internet: did a lawyer really use AI to write a legal brief? Turns out no, it’s even worse!
The duo also update you on the latest from Peter Navarro’s (losing) efforts to protect Donald Trump, and in the Patreon bonus, we learn what the legal architect of the January 6th Insurrection, John Eastman, has been up to.
It’s a super-sized episode!
Notes
OA 748
https://openargs.com/oa748-everything-you-wanted-to-know-about-the-debt-ceiling-but-were-afraid-to-ask/
OA 707
https://openargs.com/oa707-peter-navarro-gets-spanked-by-government-in-presidential-records-case-with-major-implications-for-trump/
Mata v. Avianca dockethttps://www.courtlistener.com/docket/63107798/mata-v-avianca-inc/?filed_after=&filed_before=&entry_gte=&entry_lte=ℴ_by=asc
Mata v. Avianca complaint
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.18.0.pdf
Mata v. Avianca Opposition to Motion to Dismiss
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.21.0.pdf
Mata v. Avianca First Show Cause Order
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.25.0.pdf
Mata v. Avianca 4/25 LoDuca affidavit
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.29.0.pdf
LoDuca affidavit, Exhibit 1, “Varghese v. China Southern Airlines Co., Ltd.”
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.29.1.pdf
Mata v. Avianca defense counsel letter 4/26
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.30.0.pdf
Mata v. Avianca Second Show Cause Order
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.31.0_1.pdf
Mata v. Avianca, LoDuca affidavit 5/25
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.32.0.pdf
Mata v. Avianca, Schwartz affidavit 5/25
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.32.1_1.pdf
Mata v. Avianca, Court Third Show Cause Order
https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.33.0_1.pdf
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA751_Regular.mp3
On today’s show, Mitchell Epner returns to help Andrew and Liz break down two New York stories: first, the allegations surrounding Trump’s media company that produces “Truth Social,” and second, E. Jean Carroll’s efforts to amend her pending defamation lawsuit against Donald Trump to add claims related to Trump’s comments at the CNN “Town Social” in light of the prior verdict.
Oh, and the “Truth Social” story involves Devin Nunes because of course it does.
Notes
OA 732
https://openargs.com/oa-732-court-calls-bullsht-on-devin-nunes-cowsuit/
E. Jean Carroll Motion to Amend
https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.156.0_1.pdf
TMTG v. WP Company
https://www.documentcloud.org/documents/23819045-trump-media-v-wapo-complaint
Nunes v. Guardian
https://s3.documentcloud.org/documents/23828415/nunes-v-guardian-complaint.pdf
WaPo article, “Trust linked to porn-friendly bank could gain a stake in Trump’s Truth Social”
https://www.washingtonpost.com/technology/2023/05/13/trump-truth-social-loan-questions/
Guardian Article
https://www.theguardian.com/us-news/2023/mar/15/trump-media-investigated-possible-money-laundering
-Support us on Patreon at: patreon.com/law
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Liz and Andrew update you on a bunch of stories, including today’s breaking news regarding the sentencing of Stewart Rhodes and the Texas Legislature committee referring out articles of impeachment for AG Ken Paxton.
Notes
OA 693
https://openargs.com/oa693-mike-pence-cant-testify-against-trump-cause-hes-a-senator-now/
OA 698
https://openargs.com/oa698-will-clarence-thomas-break-the-internet-probably-not/
OA 723
https://openargs.com/oa723-right-wing-judges-take-the-money-and-run-away-with-your-civil-rights/
OA 746
https://openargs.com/oa746-derp-off-dersh-off-2-sidney-powell-vs-kari-lake/
Investigators detail years of alleged misconduct by Texas AG Ken Paxton in stunning House committee hearing
https://www.texastribune.org/2023/05/24/ken-paxton-abuse-power-house-investigation-texas/
Kari Lake ruling
https://www.democracydocket.com/wp-content/uploads/2022/12/CV2022-095403-926-05222023-PDF.pdf
Kari Lake War Room tweet 5/23 tweet
https://twitter.com/KariLakeWarRoom/status/1661095473695035392?s=20
May 8 Senate Judiciary Letter to Harlan Crow
https://www.judiciary.senate.gov/imo/media/doc/May%208,%202023%20letter%20to%20Harlan%20Crow16.pdf
May 22 letter from Gibson Dunn to Durbin re Harlan Crow
https://s3.documentcloud.org/documents/23822175/crow-letter.pdf
5 U.S.C. § 13103
https://www.law.cornell.edu/uscode/text/5/13103
-Support us on Patreon at: patreon.com/law
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-And finally, remember that you can email us at openarguments@gmail.com
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA749_Regular.mp3
This is it! Liz and Andrew break down the debt ceiling and what can be done about it, including the Fourteenth Amendment. You’ll want to share this far and wide!
In the Patreon bonus, Liz and Andrew tackle a stupendously bad article arguing against the application of the 14th Amendment.
NOTES
OA 736
https://openargs.com/oa736-scotus-tees-up-rancid-herring-case-to-gut-the-administrative-state/
31 U.S.C § 3101
https://www.law.cornell.edu/uscode/text/31/3101
Congressional Research Service, Debt limit votes 1978 to present
https://sp.fas.org/crs/misc/R41814.pdf
Congressional Research Service, The Gephardt Rule
https://crsreports.congress.gov/product/pdf/RL/RL31913
HR 3877
https://www.congress.gov/bill/116th-congress/house-bill/3877/text
Perry v. U.S., 294 U.S. 330 (1935)
https://scholar.google.com/scholar_case?case=3388791031923623137
EO 6102 notice
https://upload.wikimedia.org/wikipedia/commons/a/a1/Executive_Order_6102.jpg
Laurence Tribe, “A Ceiling We Can’t Wish Away,” New York Times, July 7, 2011
https://www.nytimes.com/2011/07/08/opinion/08tribe.html
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
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-And finally, remember that you can email us at openarguments@gmail.com
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA748_Regular.mp3
In this (almost entirely!) Trump-free episode, Liz and Andrew break down two major steps backwards for Meatball Ron DeSantis: an own goal in his ongoing losing Woke War Against Disney, and a major setback by a group looking to aid his (doomed) 2024 Presidential bid. You won’t want to miss it!
In the Patreon bonus, Liz and Andrew give an update on the ongoing efforts to hold MyPillow CEO Mike Lindell accountable for his $5 million “Prove Mike Wrong” challenge when he was, in fact, very very wrong.
Notes
OA 734
https://openargs.com/oa-734-disney-v-desantis-you-mess-with-the-mouse-you-get-the-ears/
OA 717
https://openargs.com/oa717-lock-him-up-4-trump-gets-indicted-desantis-gets-spanked/
OA 614
https://openargs.com/oa614-the-fec-is-corrupt-and-broken-biden-has-inexplicably-neglected-to-fix-it/
Disney MTD CFTOD complaint
https://s3.documentcloud.org/documents/23816386/disney-mtd.pdf
Federal Election Campaign Act, 52 U.S.C. §§ 30101 et seq.
https://www.law.cornell.edu/uscode/text/52/30101
11 C.F.R. § 100.72
https://www.fec.gov/regulations/100-72/2022-annual-100
Ready For Ron v. FEC docket
https://www.courtlistener.com/docket/65639515/ready-for-ron-v-federal-election-commission/
Ready For Ron complaint
https://storage.courtlistener.com/recap/gov.uscourts.dcd.248664/gov.uscourts.dcd.248664.1.0_1.pdf
Ready For Ron rulinghttps://storage.courtlistener.com/recap/gov.uscourts.dcd.248664/gov.uscourts.dcd.248664.30.0.pdf
Carey v. FEC, 791 F.Supp.2d 121 (D.D.C. 2011)
https://scholar.google.com/scholar_case?case=2459277047400624208
(Hilariously, the Ready for Ron complaint manages to cite the wrong Carey case and also gets the year wrong.)
-Support us on Patreon at: patreon.com/law
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA747_Regular.mp3
It’s Sanctions Day! After a quick listener question, Liz and Andrew discuss the recent attorney grievance complaint against the Krakenlawyers in Michigan and what everyone’s favorite li’l election-denying weirdo, Kari Lake, has been up to. (Spoiler alert: nothing good.)
Notes
OA 673
https://openargs.com/oa673-dont-sanction-me-im-old-dersh/
OA 678
https://openargs.com/oa678-dershs-sanctions-defense-somehow-keeps-getting-worse/
OA 728
https://openargs.com/oa728-fox-blinks-first/
King v. Whitmer sanctions video
https://www.youtube.com/watch?v=MWiuX9CPOSA
King v. Whitmer sanctions transcript
https://openargs.com/wp-content/uploads/Sanctions-hearing-transcript.pdf
King v. Whitmer sanctions ruling
https://casetext.com/case/king-v-whitmer-7
King v. Whitmer docket
https://www.courtlistener.com/docket/18693929/king-v-whitmer/
Texas attorney grievance procedures
https://www.texasbar.com/AM/Template.cfm?Section=Disciplinary_Process_Overview&Template=/CM/HTMLDisplay.cfm&ContentID=29470#reciprocal
Lake v. Hobbs state docket
https://www.clerkofcourt.maricopa.gov/records/election-2022/cv2022-095403
Lake v. Hobbs complaint
https://www.clerkofcourt.maricopa.gov/home/showpublisheddocument/4151/638064516668500000
Arizona Supreme Court ruling in Lake v. Hobbs
https://s3.documentcloud.org/documents/23720629/orderrepetitionforreview-4731530-0.pdf
Lake v. Fontes
https://storage.courtlistener.com/recap/gov.uscourts.azd.1294569/gov.uscourts.azd.1294569.3.0_1.pdf
Lake v. Fontes Sanctions order
https://storage.courtlistener.com/recap/gov.uscourts.azd.1294569/gov.uscourts.azd.1294569.106.0_2.pdf
Lake v. Fontes attorneys’ fees
https://storage.courtlistener.com/recap/gov.uscourts.azd.1294569/gov.uscourts.azd.1294569.107.6.pdf
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
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-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA746_Regular.mp3
Liz and Andrew break down Special Counsel John Durham’s report, which resulted in zero convictions in four years and makes no new recommendations for any change to any FBI policy – but continues to peddle long-debunked conspiracy theories about how the FBI is in cahoots with Hillary Clinton. Sure, Jan.
Notes
Durham report
https://s3.documentcloud.org/documents/23813392/durhamreport.pdf
Durham Appointment Order
https://www.justice.gov/d9/fieldable-panel-panes/basic-panes/attachments/2021/02/26/durham.order_.pdf
Durham Statement On IG Report
https://www.justice.gov/usao-ct/pr/statement-us-attorney-john-h-durham
New York Times, “How Barr’s Quest to Find Flaws in the Russia Inquiry Unraveled”
https://www.nytimes.com/2023/01/26/us/politics/durham-trump-russia-barr.html
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA745_Regular.mp3
Liz and Andrew welcome Lawfare’s Anna Bower to the podcast to break down everything going on with the potential indictment of Donald Trump in Fulton County, Georgia, with a focus on Trump’s recent motion to quash the Special Purpose Grand Jury report, DA Fani Willis’s response, and more!
Notes
Fulton County docket
http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc
Anna Bower, Lawfare, “Everything You Ever Wanted to Know About Georgia Special Purpose Grand Juries But Were Afraid to Ask”
https://www.lawfareblog.com/everything-you-ever-wanted-know-about-georgia-special-purpose-grand-juries-were-afraid-ask
Anna Bower’s columns:
https://www.lawfareblog.com/contributors/abower
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA744_Regular.mp3
Liz and Andrew update you on the latest developments in Manhattan DA Alvin Bragg’s criminal case against Donald Trump as well as Peter Strzok’s ongoing civil suit against the DOJ.
Notes
OA 700
https://openargs.com/oa700-rumors-of-trumps-testimony-in-strzok-suit-may-be-greatly-exaggerated/
OA 716
https://openargs.com/oa-716-jim-jordan-is-not-alvin-braggs-daddy/
Trump Protective Order
https://s3.documentcloud.org/documents/23807787/protective-order-5-8-23.pdf
Trump notice of removal
https://storage.courtlistener.com/recap/gov.uscourts.nysd.598311/gov.uscourts.nysd.598311.1.0_1.pdf
5 U.S.C. § 552a
https://www.law.cornell.edu/uscode/text/5/552a
28 U.S.C. § 1442
https://www.law.cornell.edu/uscode/text/28/1442
28 U.S.C. § 1455
https://www.law.cornell.edu/uscode/text/28/1455
In re Commonwealth, 790 F.3d 457 (3d Cir. 2015)
https://scholar.google.com/scholar_case?case=5539437264593415986
Jordan 3/20 Letter to Bragg
https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2023-03-20-jdj-bs-jc-to-bragg-re-trump-investigation.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA743_Regular.mp3
In light of Linda Yaccarino being named CEO of Twitter, Liz and Andrew break down Trumpworld’s never-ending lawsuits against social media, and yet another defamation suit against Fox News, this one by Nina Jankowicz.
Happy Mother’s Day!
For the Patreon bonus, we discuss beer, the Superbowl, and Rule 62.1 of the Federal Rules of Civil Procedure, because of course we do.
Notes
OA 551
https://openargs.com/oa551-trump-may-out-of-office-but-his-federal-judges-are-not/
Donato dismissal Trump v. Twitter
https://storage.courtlistener.com/recap/gov.uscourts.cand.387133/gov.uscourts.cand.387133.165.0_6.pdf
Trump v. Twitter, Motion for Indicative Ruling
https://storage.courtlistener.com/recap/gov.uscourts.cand.387133/gov.uscourts.cand.387133.191.0.pdf
FRCP 62.1
https://www.law.cornell.edu/rules/frcp/rule_62.1
Jankowicz federal docket
https://www.courtlistener.com/docket/67365497/jankowicz-v-fox-news-network-llc/
Jankowicz complaint
https://www.documentcloud.org/documents/23809394-jankowicz-v-fox-complaint
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA742_Regular.mp3
Liz and Andrew break down the latest developments in Fulton County, GA; some truly terrible takes on the E. Jean Carroll verdict by Alan Dershowitz; and the indictment of Congressman Astronaut Rabbi George Santos. Be there, will be wild!
NotesOA 738
https://openargs.com/oa-738-trump-flops-proud-boys-drop/
Surveillance footage of Cathy Latham
https://www.washingtonpost.com/investigations/2022/09/20/coffee-county-georgia-cathy-latham/
SPGJ report sections made public http://www.fultonclerk.org/DocumentCenter/View/1706/EX-PARTE-ORDER-OF-THE-JUDGE-2-16-2023-Report
Willis Modification of Motion to Disqualify Debrow
http://www.fultonclerk.org/DocumentCenter/View/1918/SPGJ–STATES-MODIFICATION-OF-MOTION-TO-DISQUALIFY-5-10-23
Shafer letter Fulton County
https://s3.documentcloud.org/documents/23800972/shafer-final-march-26-letter-to-da-willis-w-exhibits.pdf
FEC Complaint – Santos
https://campaignlegal.org/sites/default/files/2023-01/Campaign%20Legal%20Center%20-%20Santos%20Complaint%20%28Final%29.pdf
Santos indictment
https://www.justice.gov/d9/2023-05/santos.indictment.pdf
18 U.S.C. § 1343
https://www.law.cornell.edu/uscode/text/18/1343
Federal Sentencing Guidelines
https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2021/GLMFull.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA741_Regular.mp3
Liz and Andrew bring on former sex crimes prosecutor and New York attorney Mitchell Epner for a discussion of the breaking civil verdict awarding E. Jean Carroll $5 million for Trump’s assault and subsequent defamation. We go WAY beyond the regular media coverage; you won’t want to miss this episode!
Notes
Carroll verdict form (blank)
https://s3.documentcloud.org/documents/23808239/carrollvtrumpverdictform.pdf
Screenshots of actual verdict form (Pagliery tweet)
https://twitter.com/Jose_Pagliery/status/1656020932031389697?s=20
Trump depo testimony – full video
https://www.youtube.com/watch?v=DkU49iYkw2A
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA740_Regular.mp3
Today, Liz and Andrew check in on three stories we’ve previously covered: the conclusion of the E. Jean Carroll lawsuit against Donald Trump; the recent convictions of the Proud Boys in connection with the January 6 insurrection; and what’s going on in Fulton County, Georgia. It’s a whirlwind and you don’t want to miss it!
In the Patreon bonus, Andrew and Liz discuss what really happened in Hawaii in 1960 and why it doesn’t help the insurrectionists no matter what John Eastman tells you.
NOTES
OA 728
https://openargs.com/oa728-fox-blinks-first/
Wikipedia on Georgia post-election lawsuits
https://en.wikipedia.org/wiki/Post-election_lawsuits_related_to_the_2020_United_States_presidential_election_from_Georgia
Fake electors transmittal
https://www.archives.gov/files/foia/ga-full.pdf
Fulton County docket
http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc
July 2022 Motion to Quash subpoenas
http://www.fultonclerk.org/DocumentCenter/View/1222/MOTION-TO-QUASH-AND-DISQUALIFY—Copy
Oct. 2022 1st Motion to Disqualify Debrow and Pierson
http://www.fultonclerk.org/DocumentCenter/View/1430/SPGJ-MOTION-TO-DISQUALIFY-ATTORNEYS-HOLLY-A-PIERSON—KIMBERLY-BOUROUGHS-DEBROW-10-3-22
April 18, 2023 2nd Motion to Disqualify Debrow
http://www.fultonclerk.org/DocumentCenter/View/1905/SPGJ-MOTION-TO-DISQUALIFY-ATTY-KIMBERLY-BOURROUGHS-DEBROW
Opposition to Motion to Disqualify Debrow
http://www.fultonclerk.org/DocumentCenter/View/1917/EX-PARTE-FILING-5-5-23
Barr Jan 6th testimony
https://www.govinfo.gov/content/pkg/GPO-J6-TRANSCRIPT-CTRL0000083860/pdf/GPO-J6-TRANSCRIPT-CTRL0000083860.pdf
3 USC 12
https://www.law.cornell.edu/uscode/text/3/12
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA738_Regular.mp3
Today, Liz and Andrew discuss the latest ethical lapse from Clarence Thomas, as well as the horrible activism of the next Republican ppreme Court nominee, Stu Duncan.
In the Patreon bonus, Liz and Andrew break down the latest sanctions issued against Donald Trump in New York.
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA737_Regular.mp3
Liz and Andrew break down Chevron deference in light of the Supreme Court’s grant of certiorari in the case of Loper Bright Enterprises v. Raimondo. Is it doomed? Listen and find out!
Notes
OA 136
https://openargs.com/oa136-chevron-deference-consequences-particularly-paul-manafort/
Garret Greaves and Ted Cruz on fisheries
https://garretgraves.house.gov/media-center/press-releases/gulf-coast-recreational-red-snapper-season-could-be-cut-short-warn
Chevron v. NRDC, 467 U.S. 837 (1984)
https://scholar.google.com/scholar_case?case=14437597860792759765
85 Fed. Reg. 7414
https://www.govinfo.gov/content/pkg/FR-2020-02-07/pdf/2020-02357.pdf
16 USC 1858
https://www.law.cornell.edu/uscode/text/16/1858
Cert petition by the fisheries in Loper Bright Enterprises
https://www.supremecourt.gov/DocketPDF/22/22-451/246256/20221110145441811_2022-11-10%20Loper%20Bright%20Cert%20Petition%20FINAL.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA736_Regular.mp3
Today, Liz and Andrew welcome back to the show Prof. Seth Barrett Tillman to discuss whether a plea bargain could keep Donald Trump from running for office.
Notes
Shirin Ali’s article in Slate
https://slate.com/news-and-politics/2023/04/trump-plea-deal-possibilities.html
Seth Barrett Tilman, ‘Not a Panacea: Trump Disqualification and Plea Bargains,’ Lawfare: Hard National Security Choices 1–10 (Sept. 20, 2022, 8:31 AM)
https://www.lawfareblog.com/not-panacea-trump-disqualification-and-plea-bargains
Seth Barrett Tillman, ‘Secretary Clinton Can Relax Because Section 2071 Disqualification Does Not Apply to the Presidency: A Response to Attorney General Michael B. Mukasey and Cause of Action (with a Short Reply from Attorney General Mukasey)’ (2015)
https://www.ssrn.com/abstract=2650328
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA735_Regular.mp3
Liz and Andrew break down the just-filed lawsuit by Disney with respect to Ron DeSantis and his Republican buddies’ shenanigans in Florida. Who will prevail? Listen and find out!
This photograph of a Famous Mouse was taken 21 April 2009 by Marcus Quigmire of Florida and originally posted to Flickr. It was downloaded by Opening Arguments Media, LLC on April 27, 2023 from Wikimedia Commons and is used without modification under Creative Commons Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0) license, which is linked below. No endorsement by any other party than Opening Arguments Media, LLC is implied.
CC License of Famous Mouse
https://creativecommons.org/licenses/by-sa/2.0/legalcode
Original source for Famous Mouse (Wikimedia Commons)
https://commons.wikimedia.org/wiki/File:Famous_mouse_%283463764209%29.jpg
Notes
OA 717
https://openargs.com/oa717-lock-him-up-4-trump-gets-indicted-desantis-gets-spanked/
Disney v. DeSantis complaint
https://s3.documentcloud.org/documents/23789600/file-stamped-disney-complaint1.pdf
Disney-RCID Feb. 8, 2023 Contract
https://s3.documentcloud.org/documents/23734248/disney-board-covenant.pdf
CFTOD 4/26 meeting minutes
https://www.rcid.org/wp-content/uploads/2023/04/CFTOD-4-26-23-BOS-Packet-FINAL-revised-4-24-23.pdf
RCID Comprehensive Plan Approval
https://www.rcid.org/wp-content/uploads/2023/02/2032-RCID-Comprehensive-Plan.pdf
Florida HB 9B
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0009Ber.docx&DocumentType=Bill&BillNumber=0009B&Session=2023B
Florida SB 1604
https://www.flsenate.gov/Session/Bill/2023/1604/BillText/e1/PDF
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA734_Regular.mp3
Liz and Andrew take a look at a letter sent by Donald Trump’s lawyers to House Republicans and bring back expert National Security Lawyer Kel McClanahan to help answer all their questions about Trump’s dubious assertions about how the National Archives should have handled the Mar-a-Lago documents.
Notes
In re Sealed Case (Pence-Boasberg)
https://www.courtlistener.com/docket/67164305/in-re-sealed-case/?order_by=desc
Parlatore Trump letter
https://s3.documentcloud.org/documents/23789802/read-trump-lawyers-letter-to-congress-reveal-foreign-leader-briefings-may-be-among-classified-documents-taken-from-white-house.pdf
Less-redacted search warrant
https://openargs.com/wp-content/uploads/Reinhart-Mar-a-Lago-less-redacted-affidavit.pdf
NARA Oct. 11, 2022 statement
https://www.archives.gov/press/press-releases/2022/nr22-001#october-11-2022
Debra Steidel Wall 1/17/23 letter to Jim Comer
https://s3.documentcloud.org/documents/23575130/nara-response-to-rep-james-comer.pdf
18 USC §793(e)
https://www.law.cornell.edu/uscode/text/18/793
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA733_Regular.mp3
Liz and Andrew give a brief update on how it’s going for Donald Trump in the E. Jean Carroll defamation lawsuit. (Spoiler alert: not good! Like, contempt of court not good.)
Then, the duo break down the trial court’s grant of summary judgment in favor of Ryan Lizza in the LOLsuit filed by former Representative and guy-who-sued-an-Internet-cow-and-lost, Devin Nunes. It’s informative AND hilarious!
In the Patreon bonus, we tell you how the omniversal fear of Antonin Scalia created modern supplemental jurisdiction law!
Notes
Nunes v. Lizza Order
https://storage.courtlistener.com/recap/gov.uscourts.iand.55763/gov.uscourts.iand.55763.149.0.pdf
Eighth Circuit holding
https://ecf.ca8.uscourts.gov/opndir/21/09/202710P.pdf
Devin Nunes’s Family Farm Is Hiding a Politically Explosive Secret
https://www.esquire.com/news-politics/a23471864/devin-nunes-family-farm-iowa-california/
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA732_Regular.mp3
Liz and Andrew break down the other Fox News lawsuit (by Abby Grossberg) that probably contributed to Tucker Carlson’s firing, and then a hilarious arbitration loss for The Pillow Guy. You won’t want to miss it!
Notes
OA 715
https://openargs.com/oa715-fox-blunders-into-dumpster-fire-lawsuit-no-a-different-one/
New Grossberg 2nd Amended Complaint
https://s3.documentcloud.org/documents/23774175/grossberg-de-court-second-amended-complaint-and-exhibit-a-1.pdf
Grossberg federal complaint
https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.1.0.pdf
Grossberg DE docket
https://courtconnect.courts.delaware.gov/cc/cconnect/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=N23C-03-180&begin_date=&end_date=
Arbitration award against Mike Lindell
https://www.washingtonpost.com/documents/a68b42f4-d5dc-4ff9-b34e-84d52fa3fc32.pdf?itid=lk_inline_manual_11
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA731_Regular.mp3
Liz and Andrew update a bunch of stories they’ve been tracking before breaking down exactly what the Supreme Court’s Friday night stay in the mifepristone case means… and exactly how unhinged Samuel Alito’s dissent was.
In the Patreon bonus, Liz and Andrew do a deep dive on the shady behaviors of Judge Matthew Kacsmaryk.
Notes
OA 712
https://openargs.com/oa712-lock-him-up-3-rise-of-the-machines/
OA 714
https://openargs.com/oa714-gonna-be-hard-for-steve-bannons-sugar-daddy-to-write-those-checks-from-prison/
OA 717
https://openargs.com/oa717-lock-him-up-4-trump-gets-indicted-desantis-gets-spanked/
OA 729
https://openargs.com/oa729-bragg-loses-a-round-trump-loses-five/
SB 1604 Amendment
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=603230.DOCX&DocumentType=Amendments&BillNumber=1604&Session=2023
DOJ Letter Motion re: protective order
https://storage.courtlistener.com/recap/gov.uscourts.nysd.595325/gov.uscourts.nysd.595325.49.0.pdf
The Jurisprudence of the Body
https://drive.google.com/file/d/0BxwJ7kjwYA7FeXNoZUZaTjlmWms/view?resourcekey=0-SCB5U127telKXA00Hr9TEQ
SCOTUS order in Danco v. Alliance
https://www.supremecourt.gov/opinions/22pdf/22a901_3d9g.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA730_Regular.mp3
Today, Liz and Andrew disagree over a recent ruling from Judge Vyskocil denying Alvin Bragg’s motion for injunctive relief, and then break down recent developments in the E. Jean Carroll litigation.
Notes
OA 724
https://openargs.com/oa724-alvin-bragg-no-longer-chickensht/
Judge Vicodin’s order
https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.44.0.pdf
Bragg motion for stay
https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.46.0_1.pdf
Bragg Reply
https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.41.1.pdf
Second Circuit ruling on stay
https://storage.courtlistener.com/recap/gov.uscourts.ca2.60324/gov.uscourts.ca2.60324.7.0.pdf
Letter Memo rebuking Tacopina re jury selection https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.117.0.pdf
Order re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.104.0.pdf
Carroll response re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.116.0.pdf
Trump request for jury instruction re attendance
https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.118.0.pdf
Carroll response to Trump requested jury instruction re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.119.0.pdf
Judge Kaplan response re Trump jury attendance instruction
https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.125.0_1.pdf
Trump response to denial of jury instruction https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.127.0.pdf
McGrain v. Dougherty, 273 U.S. 135 (1927)
https://scholar.google.com/scholar_case?case=8194274097278523278
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA729_Regular.mp3
Liz and Andrew update you on three stories stealing all the headlines: the Dominion-Fox settlement, what’s going on at the Supreme Court with mifepristone, and a tale of two.. Fulton Counties??
For the Patreon bonus, Liz and Andrew pop open the hood and check out two demonstrable lies in Alliance’s briefing before the Supreme Court.
Notes
Alliance docket – SCOTUS orders
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22a902.html
Alliance opposition
https://www.supremecourt.gov/DocketPDF/22/22A902/263824/20230418120347639_2023.04.18%20Opposition%20to%20Emergency%20Application.pdf
FDA Reply in Alliance
https://www.supremecourt.gov/DocketPDF/22/22A902/263892/20230418232614640_FINAL%20Alliance%20SCOTUS%20Reply.pdf
PA Supreme Court order – Fulton County
https://www.pacourts.us/Storage/media/pdfs/20230419/134653-appealdismissed.pdf
Fulton County GA docket
http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc
Fulton County GA Motion to Disqualify
https://s3.documentcloud.org/documents/23782506/spgj-motion-to-disqualify-atty-kimberly-bourroughs-debrow.pdf
Fox Corp financials
https://investor.foxcorporation.com/static-files/3b2bdb74-8ebe-4173-9f0f-ac18831ff094
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-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA728_Regular.mp3
Today, Liz and Andrew go out on a limb and discuss reasons why the Dominion v. Fox defamation trial scheduled to start today was postponed for a day. Along the way, they break down Fox’s latest motion for “clarification” and what it means for the network that brought us Rudy Giuliani, Sidney Powell, and Donald Trump’s insane claims of a stolen election that they knew to be false.
Notes
OA 243
https://openargs.com/oa243-build-that-wall-2/
OA 718
https://openargs.com/oa718-why-fox-news-has-a-nuanced-approach-to-falsity/
Fox Motion for Clarification
https://s3.documentcloud.org/documents/23780752/fox-motion-for-clarification.pdf
Delaware Court of Chancery Rules
https://courts.delaware.gov/forms/download.aspx?id=160908
Sun Printing & Publ’g Ass’n v. Schenck, 98 F. 925 (2d Cir. 1900)
https://cite.case.law/f/98/925/
Marinaccio v. Town of Clarence, 20 N.Y.3d 506, 986 N.E.2d 903 (2013)
https://scholar.google.com/scholar_case?case=17916567453327988927
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/
-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA727_Regular.mp3
Liz and Andrew work through the best arguments being raised by the DOJ in its emergency Supreme Court petition to stay the 5th Circuit’s mifepristone ruling. Will any of them work? Listen and find out! The duo also break down Trump’s latest LOLsuit against Michael Cohen.
In the Patreon bonus, Liz and Andrew discuss the intricacies of the most recent SCOTUS standing decision, TransUnion, LLC v. Ramirez. You won’t want to miss it!
Notes
Trump v. Cohen Docket
https://www.courtlistener.com/docket/67175870/trump-v-cohen/
Trump v. Cohen Complaint
https://storage.courtlistener.com/recap/gov.uscourts.flsd.645291/gov.uscourts.flsd.645291.1.0_2.pdf
Alito stay order
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22a901.html
DOJ SCT admin stay application
https://www.supremecourt.gov/DocketPDF/22/22A902/263491/20230414103258942_Alliance%20for%20Hippocratic%20Med%20%20application.pdf
Danco Stay application
https://www.supremecourt.gov/DocketPDF/22/22A901/263483/20230414093601611_SCOTUS%20Stay%20Application%204-14-23%20Final.pdf
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/
-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OQ726_Regular.mp3
In this SUPER-SIZED episode, Liz and Andrew look beneath the headlines and correct misimpressions regarding both E. Jean Carroll’s defamation lawsuit against Donald Trump and the 5th Circuit’s mifepristone ruling.
In the Patreon bonus, Liz and Andrew discuss an important certified question to the DC Court of Appeals.
If you’re not following us on Twitter, you’ve missed out on a lot of updates. We’re @openargs and Liz is @5dollarfeminist.
Notes
Habba 4/13 Letter Motion
https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.109.0.pdf
Kaplan 4/13/2023 Letter Response
https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.109.0.pdf
CNN article on E. Jean Carroll
https://www.cnn.com/2023/04/13/politics/trump-carroll-case-delay-request/index.html
Court ruling in E. Jean Carroll
https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.110.0.pdf
CWA 2002 Petition
https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.1.14.pdf
Complaint Exhibit 30
https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.1.31.pdf
Washington v. FDA ruling
https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.91.0.pdf
Alliance v. FDA 5th Cir. ruling
https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.183.2_1.pdf
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/
-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA725_Regular.mp3
After updating you on a bunch of cases, Liz and Andrew break down Alvin Bragg’s just-filed lawsuit against Jim Jordan.
In the Patreon bonus, Liz and Andrew break down a recent D.C. Circuit ruling with huge implications for hundreds of 1/6 defendants and possibly Trump!
Notes
OA 705
https://openargs.com/oa705-can-dominion-really-take-down-fox-news/
OA 716
https://openargs.com/oa-716-jim-jordan-is-not-alvin-braggs-daddy/
OA 718
https://openargs.com/oa718-why-fox-news-has-a-nuanced-approach-to-falsity/
Bragg v. Jordan
https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.1.0.pdf
NFIB v. Sebelius
https://scholar.google.com/scholar_case?case=12815172896965834886
Younger v. Harris
https://scholar.google.com/scholar_case?case=2453423928277325927
Pomerantz Resignation Letter
https://www.nytimes.com/2022/03/23/nyregion/mark-pomerantz-resignation-letter.html?action=click&module=RelatedLinks&pgtype=Article
Pomerantz Subpoena Letter
https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2023-04-06-jdj-to-pomerantz-subpoena_0.pdf
-Support us on Patreon at: patreon.com/law
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-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA724_Regular.mp3
Liz and Andrew tackle three stories: an update on the dueling mifepristone rulings in Texas and Washington, Clarence Thomas’s latest corrupt activities, and (for patrons) an update on Steve Bannon’s sugar daddy.
Notes
OA 594: Impeach Clarence Thomas
https://openargs.com/oa594-impeach-clarence-thomas/
OA 714 on Kwok
https://openargs.com/oa714-gonna-be-hard-for-steve-bannons-sugar-daddy-to-write-those-checks-from-prison/
Kwok superseding indictment
https://storage.courtlistener.com/recap/gov.uscourts.nysd.595325/gov.uscourts.nysd.595325.19.0_1.pdf
Ethics in Government Act of 1978, 5a U.S.C. §§ 101 et seq.
https://www.law.cornell.edu/uscode/text/5a/compiledact-95-521/title-I
Washington v. FDA Motion for Clarification
https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.81.0_3.pdf
Washington v. FDA Motion to Expedite
https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.82.0.pdf
FDA 5th Circuit Motion to Stay
https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.20.0_4.pdf?utm_source=substack&utm_medium=email
Intervenors 5th Circuit Motion to Stay
https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.22.1_1.pdf
Robert EOY report on the Supreme Court 2021
https://www.supremecourt.gov/publicinfo/year-end/2021year-endreport.pdf
NPR on 2022 state supreme court races
https://www.npr.org/2022/11/05/1134514218/money-is-pouring-into-state-judicial-campaigns-this-year
ProPublica Thomas story
https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow
Wall Street Journal on federal judges violating the ethics laws
https://www.wsj.com/articles/131-federal-judges-broke-the-law-by-hearing-cases-where-they-had-a-financial-interest-11632834421
-Support us on Patreon at: patreon.com/law
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA723_Regular.mp3
Today, Liz and Andrew break down Judge Matthew Kacsmaryk’s late-night Friday stay order that essentially overrules the FDA and removes mifepristone (the abortion pill) from the list of approved drugs.
How bad is it? Is a parallel decision from a federal court on Washington part of the solution? What’s next? Listen and find out!
Notes
OA 707 on Kacsmaryk
https://openargs.com/oa707-peter-navarro-gets-spanked-by-government-in-presidential-records-case-with-major-implications-for-trump/
Kacsmaryk Order
https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.137.0_14.pdf
Washington v. FDA
https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.80.0.pdf
United States v. One Package
https://scholar.google.com/scholar_case?case=14734857310809857501
FDA on REMS
https://www.fda.gov/drugs/drug-safety-and-availability/risk-evaluation-and-mitigation-strategies-rems
FDA on unapproved drugs
https://www.fda.gov/drugs/enforcement-activities-fda/unapproved-drugs
Comstock Act, 18 U.S.C. § 1461
https://www.law.cornell.edu/uscode/text/18/1461
5 U.S.C. § 705
https://www.law.cornell.edu/uscode/text/5/705
-Support us on Patreon at: patreon.com/law
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA722_Regular.mp3
Liz and Andrew evaluate the Trump indictment and answer listener questions as well as a Just Security article critiquing their position.
The Patreon bonus contains a deep dive into an Andrew Weissman statement on MSNBC on lesser-included offenses.
Notes
INDICTMENT
https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf
STATEMENT OF FACTS
https://thehill.com/wp-content/uploads/sites/2/2023/04/Donald-J.-Trump-SOF.pdf
NY Crim Proc. § 30.10 (Statute of Limitations)
https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-30-10.html
NY Crim Law § 175.05
https://codes.findlaw.com/ny/penal-law/pen-sect-175-05.html
NY Crim Law § 175.10
https://codes.findlaw.com/ny/penal-law/pen-sect-175-10.html
People v. Hankin
https://casetext.com/case/people-v-hankin
People v. Saporita
https://casetext.com/case/people-v-saporita-stevenson
Just Security article
https://www.justsecurity.org/85831/the-broad-scope-of-intent-to-defraud-in-the-new-york-crime-of-falsifying-business-records/
-Support us on Patreon at: patreon.com/law
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-And finally, remember that you can email us at openarguments@gmail.com
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA721_Regular.mp3
THIS IS IT! We finally have a copy of the 34-count indictment against Donald Trump by Manhattan DA Alvin Bragg, as well as the supporting Statement of Facts. Liz and Andrew break it ALL down for you, including all the stuff the rest of the media missed!
NotesINDICTMENT
https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf
STATEMENT OF FACTS
https://thehill.com/wp-content/uploads/sites/2/2023/04/Donald-J.-Trump-SOF.pdf
NY Penal Law 175.10
https://codes.findlaw.com/ny/penal-law/pen-sect-175-10.html
NY Penal Law 175.05
https://codes.findlaw.com/ny/penal-law/pen-sect-175-05.html
Just Security article critiquing us
https://www.justsecurity.org/85831/the-broad-scope-of-intent-to-defraud-in-the-new-york-crime-of-falsifying-business-records/
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
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-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA720_Regular.mp3
On the cusp of Former President Donald Trump’s arraignment, Liz and Andrew break down the recent Maryland Appellate Court’s decision in Lee v. Maryland concerning Adnan Syed and the Baltimore State’s Attorney’s Office decision to petition to vacate his conviction and drop all charges against him. What’s really going on? Why have so many media outlets gotten this wrong?? Listen and find out!
Notes
OA 107
https://openargs.com/oa107-adnan-syed-obviously-also-can-learn-patents/
OA 633
https://openargs.com/oa633-why-adnan-was-released/
Lee v. Maryland
https://www.mdcourts.gov/data/opinions/cosa/2023/1291s22.pdf
Md. Code, Crim. Pro. Art., § 8-301.1
https://law.justia.com/codes/maryland/2021/criminal-procedure/title-8/subtitle-3/section-8-301-1/
Md. Code, Crim. Proc. § 11-102
https://casetext.com/statute/code-of-maryland/article-criminal-procedure/title-11-victims-and-witnesses/subtitle-1-general-provisions/part-i-definitions-rights-available-throughout-proceedings/section-11-102-victims-right-to-attend-proceedings
-Support us on Patreon at: patreon.com/law
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA719_Regular.mp3
Today, Liz and Andrew break down the latest ruling in Delaware granting Dominion partial summary judgment in its defamation lawsuit against Fox. Learn exactly why this is a devastating ruling and what it means for the future of everyone’s favorite “Fair and Balanced” news channel.
In the Patreon bonus, Liz and Andrew update everyone on the latest between Manhattan DA Alvin Bragg and clueless goon Gym Jordan.
Notes
OA 705
https://openargs.com/oa705-can-dominion-really-take-down-fox-news/
Summary Judgment Order https://s3.documentcloud.org/documents/23738695/dominion-fox-summary-judgment-order.pdf
Pitch Deck
https://s3.documentcloud.org/documents/23731963/dominion_3-21-23_hearing_slides-used-at-hearing_redacted.pdf
3/31 Bragg Letter
https://www.politico.com/f/?id=00000187-37d2-dd77-a1cf-7ff7d0920000
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/
-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
https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA718_Regular.mp3
HERE IT IS! Liz and Andrew begin the show by reacting to the news of Trump’s indictment while we await the actual copy of the document.
After that, the team breaks down how Disney outmaneuvered that dumpy Trump knockoff (Ron DeSantis) with the aid of every law student’s worst nightmare: the Rule Against Perpetuities!
Notes
OA 710
https://openargs.com/oa710-lock-him-up/
OA 711
https://openargs.com/oa711-lock-him-up-2-the-secret-of-the-ooze/
OA 712
https://openargs.com/oa712-lock-him-up-3-rise-of-the-machines/
Text of “Don’t Say Gay” law, HB 1557
http://laws.flrules.org/2022/22
FL Stat. Ch. 189
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0189/Sections/0189.012.html
RCID Charter
https://www.rcid.org/wp-content/uploads/2015/10/RCID-Charter.pdf
HB 9B
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0009Ber.docx&DocumentType=Bill&BillNumber=0009B&Session=2023B
Reedy Creek Declaration of Restrictive Covenants
https://www.documentcloud.org/documents/23734248-disney-board-covenant
-Support us on Patreon at: patreon.com/law
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA717_Regular.mp3
Liz and Andrew break down several developments in the ongoing effort to hold Trump accountable, including the back-and-forth between Jim Jordan’s “Committee on Oversight” and Manhattan DA Alvin Bragg. Oh, and is Mike Pence going to testify to Jack Smith’s Grand Jury? Listen and find out!
Along the way we take a deep dive into Congress’s power to conduct investigations, the Tenth Amendment, how bad originalism is, and much, much more!
Notes
OA 708
https://openargs.com/oa708-stormy-daniels-strikes-back/
Politico: Manhattan Trump grand jury set to break for a month
https://www.politico.com/news/2023/03/29/manhattan-trump-grand-jury-set-to-break-for-a-month-00089422
AMI non-prosecution agreement
https://www.justice.gov/usao-sdny/press-release/file/1119501/download
Liz Wonkette
https://www.wonkette.com/new-house-committee-to-answer-burning-questions-what-did-nancy-pelosi-coup-and-when-did-she-coup-it
Jordan 3/20 Letter to Bragg
https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2023-03-20-jdj-bs-jc-to-bragg-re-trump-investigation.pdf
Bragg Response Letter March 23, 2023
https://s3.documentcloud.org/documents/23720988/20230323-letter-response-from-manhattan-da.pdf
Jordan Response Letter March 25
https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2023-03-25-jdj-bs-jc-to-bragg-re-subpoena-and-response.pdf
Watkins v. US, 354 U.S. 178 (1957)
https://scholar.google.com/scholar_case?case=562722361999206621
-Support us on Patreon at: patreon.com/law
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA716_Regular.mp3
Today, Liz and Andrew break down (former) Fox News producer Abby Grossberg’s lawsuit against Fox, and what implications it may have for Dominion’s pending $1.6 billion defamation suit against Fox.
Notes
OA 694: Dominion v. Fox: Defamation Suits Are Hard But Shutting Up is Harder
https://openargs.com/oa694-dominion-v-fox-defamation-suits-are-hard-but-shutting-up-is-harder/
OA 705: Can Dominion Really Take Down Fox News??
https://openargs.com/oa705-can-dominion-really-take-down-fox-news/
FMLA
https://www.law.cornell.edu/uscode/text/29/chapter-28
Upjohn v. US, 449 U.S. 383 (1981)
https://scholar.google.com/scholar_case?case=5153750416071396937
Front, Inc. v. Khalil, 24 N.Y.3d 713 (2015)
https://scholar.google.com/scholar_case?case=12991806128851668843
Dominion MSJ
https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf
Fox TRO Motion v. Abby Grossberg
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=qP3YkE2tdjchZ45eMXvjLA==
Fox Emergency Motion to Seal
https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.9.0.pdf
Order Denying Motion to Seal
https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.11.0.pdf
Grossberg Amended Complaint v. Fox
https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.12.0.pdf
Grossberg Original Complaint v. Fox
https://storage.courtlistener.com/recap/gov.uscourts.nysd.595940/gov.uscourts.nysd.595940.1.0.pdf
-Support us on Patreon at: patreon.com/law
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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA715_Regular.mp3
Liz and Andrew break down the strange criminal indictment of Guo Wengui a.k.a. a lot of other names, grifter to the stars and patron to Steve Bannon, and discuss the larger implications of the far-right merger with anti-CCP grifters. You won’t want to miss it!
Notes
OA700
https://openargs.com/oa700-rumors-of-trumps-testimony-in-strzok-suit-may-be-greatly-exaggerated/
Steve Wynn indictment
https://www.courtlistener.com/docket/63317117/attorney-general-of-the-united-states-of-america-v-wynn/
Guo Wengui bankruptcy docket (CT)
https://storage.courtlistener.com/recap/gov.uscourts.ctb.307068/gov.uscourts.ctb.307068.78.0.pdf
Guo Wengui indictment
https://www.justice.gov/usao-sdny/press-release/file/1574491/download
-Support us on Patreon at: patreon.com/law
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA714_Regular.mp3
With a slight break from Trump, Liz and Andrew turn to the pernicious effects of Trump’s many, many appointments to the federal judiciary and how it’s almost impossible to distinguish nonsense from reality any more. Specifically, the two break down Missouri v. Biden, an absolutely insane lawsuit that somehow has convinced the attorneys general of two states to sign on with a cavalcade of weirdo anti-vax COVID deniers and losers. We talk about what that development means for the future of the rule of law.
Notes
OA 25
https://openargs.com/oa25-jill-stein-decide-presidency-no/
OA 689
https://openargs.com/oa689-lawsuit-or-interpretive-dance-why-not-both/
OA 707
https://openargs.com/oa707-peter-navarro-gets-spanked-by-government-in-presidential-records-case-with-major-implications-for-trump/
OA 708
https://openargs.com/oa708-stormy-daniels-strikes-back/
OA 710
https://openargs.com/oa710-lock-him-up/
Doughty opinion in Louisiana v. Becerra (COVID vaccine mandate injunction)
https://storage.courtlistener.com/recap/gov.uscourts.lawd.185837/gov.uscourts.lawd.185837.28.0_1.pdf
Missouri v. Biden Complaint
https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.84.0.pdf
Missouri v. Biden Order Denying Motion to Strike
https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.219.0.pdf
Missouri v. Biden Plaintiffs’ Supplemental Brief Supporting PI
https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.214.0.pdf
Missouri v. Biden Plaintiffs’ Exhibit 1 (Proposed Findings of Fact)
https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.214.1_1.pdf
Defendants’ Motion to Strike in Missouri v. Biden
https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.219.0.pdf
Order in Missouri v. Biden Denying Motion to Strike
https://storage.courtlistener.com/recap/gov.uscourts.lawd.189520/gov.uscourts.lawd.189520.224.0.pdf
Washington Post debunking Media Research Center and “The Polling Company”
https://www.washingtonpost.com/politics/2023/02/21/lawmakers-cite-fishy-poll-suggest-laptop-tale-would-have-swayed-vote/
Pew Research 2021 survey
https://www.pewresearch.org/journalism/2021/06/14/facebook-posts-in-early-days-of-biden-administration-reflect-ideological-divide/
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA713_Regular.mp3
In our third of three episodes about potential criminal charges against Donald Trump, Liz and Andrew break down recent developments in the Jack Smith grand juries, including an order by Judge Beryl Howell requiring one of Trump’s lawyers to testify against him, as well as an update on those other cases.
In the Patreon bonus, Liz and Andrew break down the recent Report and Recommendation by Special Master Barbara Jones in the search warrant of James O’Keefe and Project Veritas.
Notes
OA 710
https://openargs.com/oa710-lock-him-up/
OA 711
https://openargs.com/oa711-lock-him-up-2-the-secret-of-the-ooze/
NY Article 175
https://ypdcrime.com/penal.law/article175.php
NY CPL 30.10(2)(b)
https://www.nysenate.gov/legislation/laws/CPL/30.10
Bobb certification
https://openargs.com/wp-content/uploads/2022.08.30-DOJ-Exhibits.pdf
DC Circuit Notice on Preferred Typeface
https://www.cadc.uscourts.gov/internet/home.nsf/Content/Announcement+-+Notice+-+Preferred+Typefaces+for+Briefs/$FILE/noticePreferredTypefacesForBriefs.pdf
FRAP 35
https://www.law.cornell.edu/rules/frap/rule_35
Special Master Barbara Jones Report and Recommendation
https://storage.courtlistener.com/recap/gov.uscourts.nysd.569993/gov.uscourts.nysd.569993.52.0.pdf
NYT on Manhattan GJ
https://www.nytimes.com/2023/03/22/nyregion/trump-grand-jury-delay.html?smid=tw-share
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA712_Regular.mp3
Yesterday, Liz and Andrew brought you a bit of a bummer – but an accurate one – regarding the pending indictment of Donald Trump in New York. Today, they bring you the good news about yet another pending indictment in Fulton County, Georgia and Trump’s desperate (and likely failing) attempts to stop it. You won’t want to miss it!
Notes
Anna Bower Lawfare explainer
https://www.lawfareblog.com/everything-you-ever-wanted-know-about-georgia-special-purpose-grand-juries-were-afraid-ask
Atlanta Journal-Constitiution interview with foreperson
https://www.ajc.com/politics/exclusive-behind-the-scenes-of-the-trump-grand-jury/6CXLKTFMKNDU7O6TER4B7UTZPE/
Georgia RICO statute, Title 16, Chapter 14
https://law.justia.com/codes/georgia/2021/title-16/chapter-14/
Ga. Code 16-14-3
https://law.justia.com/codes/georgia/2021/title-16/chapter-14/section-16-14-3/
Ga. Code 16-10-20
https://law.justia.com/codes/georgia/2021/title-16/chapter-10/article-2/section-16-10-20/
Trump motion to quash
https://www.documentcloud.org/documents/23718113-ex-parte-fulton-county-grand-jury-03-20-2023-102331-37306996-f8b43da6-144b-4544-ab53-4095c1c5f36d
State v. Lampl, 770 S.E.2d 629 (Ga. 2015)
https://scholar.google.com/scholar_case?case=13555564276998303856
Connally v. General Construction Co., 269 U.S. 385, 391 (1926)
https://scholar.google.com/scholar_case?case=9143673394692693115
Reno v. ACLU, 521 U.S. 844 (1997)
https://scholar.google.com/scholar_case?case=1557224836887427725
Skilling v. U.S., 561 U.S. 358 (2010)
https://scholar.google.com/scholar_case?case=6709078768346680936
State v. Bartel, 479 S.E.2d 4 (1996)
https://scholar.google.com/scholar_case?case=2075548165303328436
Kenerly v. State, 715 S.E.2d 688 (Ga. App. 2011)
https://scholar.google.com/scholar_case?case=3363311285530927015
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THIS IS IT! Liz and Andrew answer all your legal questions regarding the anticipated imminent indictment of Donald Trump.
Notes
OA 708
https://openargs.com/oa708-stormy-daniels-strikes-back/
OA 621
https://openargs.com/oa621-the-fbi-goes-to-mar-a-lago-this-is-big/
18 U.S.C. § 2071
https://www.law.cornell.edu/uscode/text/18/2071
NY Section 570
https://ypdcrime.com/cpl/article570.php
CPL 190.50
https://www.nysenate.gov/legislation/laws/CPL/190.50
18 U.S. Code § 3056
https://www.law.cornell.edu/uscode/text/18/3056
Tekni-Plex v. Meyner & Landis, 674 NE 2d 663 (NY 1996)
https://scholar.google.com/scholar_case?case=10926959041167260833
Liz ATL on Tacopina
https://abovethelaw.com/2023/03/trump-lawyer-joseph-tacopina-formerly-consulted-with-stormy-daniels-whoopsie/
Rice and Nuzzi New York Magazine article
https://nymag.com/intelligencer/article/hunter-biden-laptop-investigation.html
Seth Barrett Tillman, ‘Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications,’ 5(1) British Journal of American Legal Studies 95 (2016) (peer review)
Seth Barrett Tillman, ‘Secretary Clinton Can Relax Because Section 2071 Disqualification Does Not Apply to the Presidency: A Response to Attorney General Michael B. Mukasey and Cause of Action (with a Short Reply from Attorney General Mukasey)’ (2015)
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA710_Regular.mp3
Today, Liz and Andrew take a break from the world of politics (except for Patrons) to bring you the history and law surrounding “March Madness,” including whether it was legal to fill out your bracket and how the NCAA approaches its trademarks. Along the way, we’ll learn how the current right-wing Supreme Court is going to use a gambling decision to further its activist agenda. If you like basketball — and even if you don’t! — you won’t want to miss it!
The Patreon bonus is all about Jenna Ellis and Trump’s legal team, and Liz brings the funny.
Notes
NBC Sports, History of March Madness
https://www.nbcsports.com/bayarea/where-did-march-madness-name-come
NCAA Trademarks
https://www.ncaa.org/sports/2013/12/2/ncaa-trademarks.aspx
15 U.S.C. § 1125
https://www.law.cornell.edu/uscode/text/15/1125
Kizzang lawsuit
https://dlbjbjzgnk95t.cloudfront.net/0899000/899955/https-ecf-insd-uscourts-gov-doc1-07315826374.pdf
Mitchell Stabbe
https://www.broadcastlawblog.com/2023/03/articles/march-madness-and-advertising-use-of-ncaa-trademarks-2023-update-part-1/
NCAA Brackets guidelines
https://www.ncaa.com/_flysystem/public-s3/images/2021/10/12/2021-22_Use_of_NCAA_Championship_Brackets_and_Limits_on_Advertising.pdf
28 U.S.C. § 3701 et seq.
https://www.law.cornell.edu/uscode/text/28/part-VI/chapter-178
49 U.S. Code § 41713
https://www.law.cornell.edu/uscode/text/49/41713
Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018)
https://scholar.google.com/scholar_case?case=6336903476694992840
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA709_Regular.mp3
Today, Liz and Andrew tackle the rumors swirling around the Manhattan DA’s office that Donald Trump is about to be indicted in connection with the 2016 payment of hush money to adult film star Stormy Daniels. Will Stormy indeed be the one to take down Trump? Listen and find out!
In the Patreon bonus, Liz and Andrew update you on Alex Jones’s bankruptcies.
Notes
OA 154: Stormy Daniels is a Legal Genius!
https://openargs.com/oa154-stormy-daniels-is-a-legal-genius/
DB Story
https://www.thedailybeast.com/how-an-offer-to-testify-before-a-new-york-grand-jury-signals-trouble-for-trump
Karen McDougal story
https://www.npr.org/sections/thetwo-way/2018/03/23/596257288/former-playboy-model-spills-alleged-affair-details-trump-tried-to-pay-her
AMI non-prosecution agreement
https://www.justice.gov/usao-sdny/press-release/file/1119501/download
52 U.S.C., Subchapter I
https://www.law.cornell.edu/uscode/text/52/subtitle-III/chapter-301/subchapter-I
NY Penal Law 175.05
https://law.justia.com/codes/new-york/2022/pen/part-3/title-k/article-175/175-05/
New York Penal Law 65.10
https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-2-sentences/title-e-sentences/article-65-sentences-of-probation-conditional-discharge-and-unconditional-discharge/section-6510-conditions-of-probation-and-of-conditional-discharge
N.Y. Penal Law 255.17
https://law.justia.com/codes/new-york/2022/pen/part-3/title-o/article-255/255-17/
NY CPL 30.10
https://www.nysenate.gov/legislation/laws/CPL/30.10
11 USC § 523
https://www.law.cornell.edu/uscode/text/11/523
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Today, Liz and Andrew break down the DOJ’s sweeping win “in replevin” against Trump loyalist goon Peter Navarro. What’s replevin? Why do we care? Listen and find out for this case that has significant implications for the Presidential Records Act, which in turn may have significant implications for any former Presidents who have refused to give back their Presidential records.
We begin with a terrifying development in Alliance for Hippocratic Medicine v. FDA, currently on the desk of Liz’s sworn enemy, Judge Kacsmaryk.
Notes
Alliance for Hippocratic Medicine v. the FDA
https://www.courtlistener.com/docket/65768749/alliance-for-hippocratic-medicine-v-us-food-and-drug-administration/?order_by=desc
Cato Institute on Navarro
https://www.cato.org/commentary/spectacular-economic-ignorance-peter-navarro
Presidential Records Act, 44 U.S.C. § 2201 et seq.
https://www.law.cornell.edu/uscode/text/44/chapter-22
Stern Letter to Navarro
https://storage.courtlistener.com/recap/gov.uscourts.dcd.245941/gov.uscourts.dcd.245941.1.4_1.pdf
DOJ Civil Division Letter to Navarro
https://storage.courtlistener.com/recap/gov.uscourts.dcd.245941/gov.uscourts.dcd.245941.1.6_1.pdf
Irving Letter
https://storage.courtlistener.com/recap/gov.uscourts.dcd.245941/gov.uscourts.dcd.245941.1.5_3.pdf
US v. Dean, 989 F.2d 1205 (D.C. Cir. 1993)
https://scholar.google.com/scholar_case?case=1562611946262688408
Fisher v. United States, 425 U.S. 391 (1976)
https://scholar.google.com/scholar_case?case=10520682160164643446
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA707_Regular.mp3
Liz and Andrew break down the latest LOLsuit from Lt. Gen. Michael Flynn.
You may recall Gen. Flynn from screeching “Lock Her Up!” on the campaign trail while surreptitiously serving as an unauthorized lobbyist for Turkey’s brutal authoritarian regime. You may recall him as a pro-Russian stooge who lied about being a pro-Russian stooge. And you may recall him as having been pardoned by Donald Trump after Bill Barr tried to rig the Department of Justice in his favor.
However you remember this bozo, you’ll be shocked to discover that he now thinks he deserves FIFTY MILLION DOLLARS for… having friends in high places. Fortunately, his lawsuit doesn’t stand a chance in hell of succeeding, as Liz and Andrew make clear.
Notes
Flynn complaint
https://storage.courtlistener.com/recap/gov.uscourts.flmd.411523/gov.uscourts.flmd.411523.1.0.pdf
OA Amicus Brief
http://openargs.com/wp-content/uploads/2020.06.09-Amicus-Brief.pdf
OA Amicus Show (Episode 394)
https://openargs.com/oa394-the-amicus-show/
OA 689
https://openargs.com/oa689-lawsuit-or-interpretive-dance-why-not-both/
22 U.S.C. § 618
https://www.law.cornell.edu/uscode/text/22/618
18 U.S.C. § 371
https://www.law.cornell.edu/uscode/text/18/951
2019 DOJ Report on Crossfire Hurricane
https://www.justice.gov/storage/120919-examination.pdf
28 U.S.C. Chapter 171
https://t.co/sFiQAXafWI
28 U.S.C. § 2401
https://www.law.cornell.edu/uscode/text/28/2401
Form 95
https://www.gsa.gov/forms-library/claim-damage-injury-or-death
28 U.S.C. § 2675
https://www.law.cornell.edu/uscode/text/28/2675
Sconiers v. US, 896 F.3d 595 (3d Cir. 2018)
https://scholar.google.com/scholar_case?case=8262809632148475317
Flynn v. Pelosi
https://www.courtlistener.com/docket/61634816/flynn-v-pelosi/?filed_after=&filed_before=&entry_gte=&entry_lte=ℴ_by=desc
OA 696
https://openargs.com/oa696-in-which-james-okeefe-pretends-to-be-a-journalist/
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA706_Regular.mp3
THIS IS AN EPISODE YOU’LL WANT TO SHARE!
Today, Liz and Andrew break down the latest developments in Dominion Voting Systems defamation lawsuit against Fox News. You know some of the salacious details that have been leaked, but you don’t know just how badly Fox has mangled the law. You won’t want to miss it!
Notes
Bartiromo-Fratto emails
https://www.documentcloud.org/documents/23697625-bartiromo-fratto-summary-redacted
Exhibits – Delightfully mad emails
https://s3.documentcloud.org/documents/23698221/redacted-149-200.pdf
Dominion MSJ
https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf
Dominion Reply Supporting SJ
https://deadline.com/wp-content/uploads/2023/03/2023-03-08-PUBLIC-Dominion-SJ-Reply-Brief-Fox_Redacted.pdf
Fox News Reply Brief Supporting SJ
https://deadline.com/wp-content/uploads/2023/03/25-FNN-SJ-Reply-Brief.pdf
Edwards v. National Audobon Society, 556 F.2d 113 (1977)
https://scholar.google.com/scholar_case?case=515638952298472646
Hogan v. Herald Co., 84 A.D.2d 470 (N.Y. 4th App.Div. 1982)
https://scholar.google.com/scholar_case?case=14598091554089425482
Brian v. Richardson, 660 N.E.2d 1126 (N.Y. 1995)
https://scholar.google.com/scholar_case?case=15437079674012061938
BONUS! Page v. Oath Inc., 270 A.3d 833 (Del. 2022)
https://scholar.google.com/scholar_case?case=3804284272223089234
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA705_Regular.mp3
Today, Liz and Andrew break down how the Democrats are playing offense with respect to Republican efforts to gaslight America and whitewash the findings of the January 6th Committee.
Specifically, they tell you about the 316-page report on GOP Witnesses that Jim Jordan is trying (and failing) to call whistleblowers. You won’t want to miss this breakdown! But first, Andrew has to update you on the latest right-wing lies about that dingus Raland Brunson and his nonsense pleadings in the Supreme Court.
Notes
OA 668
https://openargs.com/oa668-a-new-case-right-wing-sources-are-blatantly-lying-about/
OA 692
https://openargs.com/oa693-mike-pence-cant-testify-against-trump-cause-hes-a-senator-now/
AP, “Supreme Court Will Not Hear Case to Oust Biden, Reinstate Trump”
https://apnews.com/article/fact-check-supreme-court-trump-biden-election-850929590422
House Judiciary Report on GOP Witnesses
https://democrats-judiciary.house.gov/uploadedfiles/2023-03-02_gop_witnesses_report.pdf
5 U.S.C. § 2303
https://www.law.cornell.edu/uscode/text/5/2303
18 U.S.C. § 1752
https://www.law.cornell.edu/uscode/text/18/1752
D.C. Code § 10–503.16
https://code.dccouncil.gov/us/dc/council/code/sections/10-503.16
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA704_Regular.mp3
Today, Liz and Andrew provide an update on the new Republican broadside against Fani Willis in Georgia before breaking down the law around bad April Fool’s Day jokes.
Notes
New York Times article on Indiana legislation
https://www.nytimes.com/2023/03/05/us/republicans-district-attorneys-trump.html
Georgia SB 92
https://www.legis.ga.gov/api/legislation/document/20232024/216780
GA Constitution Art. VI, Sec. VIII, Paragraph II
https://law.justia.com/constitution/georgia/conart6.html
McLaughlin v. Payne, 761 S.E.2d 289 (Ga. 2014)
https://scholar.google.com/scholar_case?case=18437690967547452063
29 U.S. § 216
https://www.law.cornell.edu/uscode/text/29/216
Fast v. Cash Depot, Ltd.
http://hr.cch.com/ELD/FastCash110718.pdf
Gill lawsuit
https://openargs.com/wp-content/uploads/100-Grand-lawsuit.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA703_Regular.mp3
Today, Liz and Andrew break down the latest developments in Blassingame v. Trump, a set of consolidated cases pending in the DC Circuit that will affect whether Donald Trump will have to compensate the victims of his attempted January 6th coup. You won’t want to miss this one!
Notes
US amicus brief in Blassingame v. Trump https://storage.courtlistener.com/recap/gov.uscourts.cadc.38510/gov.uscourts.cadc.38510.1218497852.0_4.pdf
42 U.S.C. 1985
https://www.law.cornell.edu/uscode/text/42/1985
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA702_Regular.mp3
Today, Liz and Andrew break down two stories that are all over the news: a proposed new bill in Texas that is an assault on both marriage equality and families. And then we have an update on how Dominion is doing in its defamation lawsuit against Fox News. You won’t want to miss it!
Notes
Texas HB 2889
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02889I.htm
TX Biennial Property Tax Report 2020-2021
https://openargs.com/wp-content/uploads/Biennial-Property-Tax-Report-Texas.pdf
2005 IRS bulletin – Frivolous Tax arguments
https://www.irs.gov/pub/irs-irbs/irb05-14.pdf
2007 IRS bulletin – more frivolous Tax arguments
https://www.irs.gov/pub/irs-irbs/irb07-14.pdf
Flora v. US, 362 U.S. 145 (1960)
https://scholar.google.com/scholar_case?case=13305625317215905
Helvering v. Mitchell, 303 U.S. 391 (1938)
https://scholar.google.com/scholar_case?case=1082206999326140100
US v. Windsor, 570 U.S. 744 (2013)
https://scholar.google.com/scholar_case?case=15904210835021146815
Equal Dignity for Married Taxpayers Act
https://www.congress.gov/bill/117th-congress/house-bill/3833/text?r=98&s=1
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA701_Regular.mp3
Today, Liz and Andrew take a deep dive into Consumer Financial Protection Bureau v. Community Financial Services Association of America, a case that the Supreme Court just granted certiorari to review. Is the conservative Roberts court going to gut Liz Warren’s signature accomplishment, the CFPB? Listen and find out!
(Yes, Andrew screwed up the numbering so you got episode #700 before #699… now everything should be good!)
Notes
CFPB v. CFSAA cert petition and 5th Circuit opinion
https://www.supremecourt.gov/DocketPDF/22/22-448/246429/20221114155607407_No.%20CFPB%20et%20al.%20v.%20CFSA%20et%20al.pdf
Responsible lending
https://www.responsiblelending.org/research-publication/fact-v-fiction-truth-about-payday-lending-industry-claims
The Victims of Payday Lending
https://www.responsiblelending.org/issues/victims-payday
OA 126
https://openargs.com/oa126-mick-mulvaney-consumer-financial-protection-bureau/
12 C.F.R. § 1041.8
https://www.consumerfinance.gov/rules-policy/regulations/1041/8/
12 U.S.C. § 5511
https://www.law.cornell.edu/uscode/text/12/5511
Seila Law, LLC v. Consumer Financial Protection Bureau, 591 U.S. 207 (2020)
https://scholar.google.com/scholar_case?case=14557349188638541514
12 U.S.C. 5497
https://www.law.cornell.edu/uscode/text/12/5497
OPM v. Richmond, 496 U.S. 414 (1990)
https://scholar.google.com/scholar_case?case=1013607894853666546
Kate Stith, Congress’s Power of the Purse, 97 Yale L.J. 1343 (1988)
https://openyls.law.yale.edu/bitstream/handle/20.500.13051/16554/62_97YaleLJ1343_June1988_.pdf?sequence=2
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA700_Regular.mp3
You may have seen the news accounts that a court ordered Donald Trump (and FBI director Chris Wray) to be deposed in connection with a lawsuit. Well, today, Liz and Andrew break down the DOJ’s ongoing battle with Peter Strzok and Lisa Page. Why is the government still fighting this? Will they really get to depose Trump? Listen and find out!
Notes
5 U.S.C. 552a
https://www.law.cornell.edu/uscode/text/5/552a
Lisa Page’s story to Molly Jong-Fast
https://www.thedailybeast.com/lisa-page-speaks-theres-no-fathomable-way-i-have-committed-any-crime-at-all
Hatch Act
https://www.govinfo.gov/content/pkg/USCODE-2015-title5/html/USCODE-2015-title5-partIII-subpartF-chap73-subchapIII.htm#:~:text=%C2%A77321.,political%20processes%20of%20the%20Nation
Strzok response
https://storage.courtlistener.com/recap/gov.uscourts.dcd.209963/gov.uscourts.dcd.209963.88.0.pdf
EO 13233
https://sgp.fas.org/news/2001/11/eo-pra.html
Strzok opposition
https://storage.courtlistener.com/recap/gov.uscourts.dcd.209963/gov.uscourts.dcd.209963.100.0.pdf
Strzok filing re motion to quash subpoenas for Trump and Wray, apex doctrine
https://storage.courtlistener.com/recap/gov.uscourts.dcd.209963/gov.uscourts.dcd.209963.88.0.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA699_Regular.mp3
Liz and Andrew break down a much-requested case, Gonzalez v. Google, that the Supreme Court just heard on oral argument. Will it break the Internet? Listen and find out!
Notes
Legal Eagle video
https://www.youtube.com/watch?v=hzNo5lZCq5M&ab_channel=LegalEagle
OA 390
https://openargs.com/oa390-trumps-war-on-twitter-a-deep-dive-on-section-230/
OA 451
https://openargs.com/oa451-section-230-and-tulsis-transphobia/
47 U.S.C. § 230
https://www.law.cornell.edu/uscode/text/47/230
Malwarebytes, Inc. v. Enigma Software, 5902 U.S. ____ (2020)
https://www.supremecourt.gov/opinions/20pdf/19-1284_869d.pdf
Google Opp. Brief
https://www.supremecourt.gov/DocketPDF/21/21-1333/252127/20230112144706745_Gonzalez%20v.%20Google%20Brief%20for%20Respondent%20-%20FINAL.pdf
Petitioners’ Brief
https://www.supremecourt.gov/DocketPDF/21/21-1333/247780/20221130182721608_GonzalezPetMerits.pdf
Respondents’ Brief
https://www.supremecourt.gov/DocketPDF/21/21-1333/252127/20230112144706745_Gonzalez%20v.%20Google%20Brief%20for%20Respondent%20-%20FINAL.pdf
Petitioners’ Reply
https://www.supremecourt.gov/DocketPDF/21/21-1333/254251/20230207191257813_GonzalezRepyMeritsPrinted.pdf
Government Brief
https://www.supremecourt.gov/DocketPDF/21/21-1333/249441/20221207203557042_21-1333tsacUnitedStates.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA698_Regular.mp3
Today is one of those good news/bad news episodes. In good news, Arizona has shined some light on a report that election denier Mark Brnovich tried to bury regarding (nonexistent) voter fraud and the 2020 election. In bad news, Florida is trying to overturn the Supreme Court because Ron DeSantis hates the press. And in great news… well, you’ll just have to listen and find out!
Notes
OA 688
https://openargs.com/oa688-oh-no-the-privilege-is-mine/
Florida HB 951
https://flsenate.gov/Session/Bill/2023/951/BillText/Filed/PDF
Florida HB 991
https://flsenate.gov/Session/Bill/2023/991/BillText/Filed/PDF
Branzburg v. Hayes, 408 U.S. 665 (1972)https://scholar.google.com/scholar_case?case=11598860258825518787
Federal flag bill
https://www.govinfo.gov/content/pkg/STATUTE-120/pdf/STATUTE-120-Pg572.pdf#page=1
FL flag bill
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/Sections/0720.304.html
AZ Appellate decision in Lake v. Hobbs
https://www.democracydocket.com/wp-content/uploads/2022/12/Lake-COA-Ruling.pdf
Liz Wonkette on Kari Lake and Ryan Heath
https://www.wonkette.com/breaking-kari-lake-still-not-governor
Executive Summary
https://mcusercontent.com/cc1fad182b6d6f8b1e352e206/files/4ca5c5d9-3254-2b94-dbd8-bd2a6ea8b7c3/Election_Review_Summary.pdf
Email draft correcting Brnovich
https://mcusercontent.com/cc1fad182b6d6f8b1e352e206/files/8295e52f-b336-c17e-8cbd-3c0255c99ab6/Kanefield_Fann_Document.01.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA697_Regular.mp3
Today, Liz and Andrew visit the strange world of James O’Keefe and his agitprop outfit, Project Veritas. Along the way we’ll learn about a bunch of cases, the law of prior restraint, and much, much more!
Notes
Project Veritas $22 million
https://projects.propublica.org/nonprofits/organizations/272894856
Federal Docket O’Keefe v. Twitter
https://www.courtlistener.com/docket/59899639/okeefe-iii-v-twitter-inc/?filed_after=&filed_before=&entry_gte=&entry_lte=ℴ_by=desc
NY Appellate docs – O’Keefe v. Twitter
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=OihBJQsmc7aFb4qIIdOKeA==
Liz ATL on O’Keefe-CNN
https://abovethelaw.com/2021/04/project-veritas-gonna-sue-twitter-for-defamatory-section-230-censorship-and-first-amendment-assault-or-something/
Project Veritas Docket (00813)
https://www.courtlistener.com/docket/61377333/parties/in-re-search-warrant-dated-november-5-2021/
Project Veritas Board of Directors
https://www.projectveritas.com/news/statement-from-the-project-veritas-board-of-directors/
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA696_Regular.mp3
Today, Liz and Andrew tackle some listener feedback, resume their discussion of the crime-fraud exception, and end with perhaps Ken Paxton’s craziest lawsuit (and that’s saying a lot)!
Notes
Federalist Papers No. 68
https://avalon.law.yale.edu/18th_century/fed68.asp
Crime/fraud NYT story
https://www.nytimes.com/2023/02/14/us/politics/trump-lawyer-classified-documents-investigation.html
Liz ATL of Paxton’s ethics and counter-investigation
https://abovethelaw.com/2022/05/tx-ag-ken-paxton-launches-bogus-investigation-of-state-bar-still-winds-up-with-ethics-lawsuit/
Texas v. Garland
https://storage.courtlistener.com/recap/gov.uscourts.txnd.373284/gov.uscourts.txnd.373284.4.0_1.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA695_Regular.mp3
Today is one of those shows you’ll want to share around. EVERYONE is talking about the bombshell revelations from Fox News, but only Liz and Andrew can help you understand how we got here and what it all means!
Notes
Original Dominion-Fox Complaint
https://www.documentcloud.org/documents/20527880-dominion-v-fox-news-complaint
Dominion lawsuit against OAN
https://s3.documentcloud.org/documents/21039565/dominion-oan-complaint.pdf
Dominion Motion for Summary Judgment (MSJ)
https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf
DE State docket
https://courtconnect.courts.delaware.gov/cc/cconnect/ck_public_qry_doct.cp_dktrpt_docket_report?case_id=N21C-03-257&begin_date=&end_date=#dockets
Fox Corp MSJ
https://deadline.com/wp-content/uploads/2023/02/Redacted-Public-Version-Fox-Corp-Opening-MSJ-Brief.pdf
Fox News MSJ
https://deadline.com/wp-content/uploads/2023/02/Redacted-Public-Version-FNN-Opening-MSJ-Brief.pdf
Fox News anti-SLAPP counterclaim
https://deadline.com/wp-content/uploads/2023/02/PUBLIC-VERSION-FNNs-First-Amended-Counterclaim-Accepted.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA694_Regular.mp3
Today is a Rapid Response Friday, and Liz and Andrew break down all the developments with the two grand juries convened by Jack Smith to investigate Donald Trump’s various crimes. Oh, and we also analyze the released portions of the Fulton County grand jury report which reveals a bit more than you might think!
We’ve also learned that a bunch of Trump lawyers have been subpoenaed to testify or otherwise the subject of grand jury questions, and you may be wondering how that’s possible, and we walk you through when privilege is.. not privilege!
Notes
Unredacted portions of Fulton County SPGJ Report
https://s3.documentcloud.org/documents/23683158/2022-ex-000024-ex-parte-order-of-the-judge-5.pdf
FRE 501
https://www.law.cornell.edu/rules/fre/rule_501
Bobb says she’s not a lawyer in documents case
https://www.salon.com/2022/10/03/attorney-lawyers-up–and-says-shes-willing-to-cooperate-with-doj-in-mar-a-lago-case-report/
NYT Epshteyn story
https://www.nytimes.com/2023/02/14/us/politics/trump-lawyer-classified-documents-investigation.html
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA693_Regular.mp3
In today’s episode, Andrew and Liz briefly discuss the breaking news that Mike Pence intends to assert the “speech or debate clause” as a reason to protect insurrectionists, delve into Ken Paxton’s latest settlement, and update you on the World’s Dumbest Supreme Court litigants!
Notes
Paxton settlement
https://www.documentcloud.org/documents/23607998-211027_mtn-to-abate
Whistleblower Petition
https://thetexan.news/wp-content/uploads/2021/03/Paxton-Whistleblower-Lawsuit-Documents-Through-Feb.-9-Filing.pdf
Appellate court decision
https://cases.justia.com/texas/third-court-of-appeals/2021-03-21-00161-cv.pdf?ts=1634818950
Paxton bar complaint
https://drive.google.com/file/d/1D8OH23E-E4hD7Bgn0cY_zEQxdqFtF8u5/view
Webster dismissal
https://www.texasattorneygeneral.gov/sites/default/files/images/executive-management/SBOT%20v.%20BW%20Letter%20Ruling.pdf
Raland J. Brunson cert petition
https://www.supremecourt.gov/DocketPDF/22/22-380/243739/20221027152243533_20221027-152110-95757954-00007015.pdf
Petition for Rehearing
https://www.supremecourt.gov/DocketPDF/22/22-380/253190/20230126114616761_rehearing%2022-380.pdf
Supreme Court Rule 44
https://www.law.cornell.edu/rules/supct/rule_44
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA692_Regular.mp3
Today, Liz and Andrew break down a number of stories, all of which are bad news for Donald Trump, and we put all of them into the context of Trump’s crimes. We also preview the forthcoming release of part of the Fulton County, GA special purpose grand jury report. Phew!
First, Liz continues to update us on the E. Jean Carroll litigation, this time focusing on Trump’s post-discovery stunt in which he now is willing to offer his DNA. Find out why this is a disingenuous stunt and find out all the law explaining why.
Then we learn more — much more — than you ever wanted to learn about Trump’s document retention and destruction policies. Hint: it involves nightlights and toilets, and no, we are not making that up.
Notes
Carroll II Docket
https://www.courtlistener.com/docket/65895581/carroll-v-trump/?order_by=desc
Jan 6 Committee Report
https://www.govinfo.gov/content/pkg/GPO-J6-REPORT/pdf/GPO-J6-REPORT.pdf
Feb 10 Trump “Truth”
https://truthsocial.com/users/realDonaldTrump/statuses/109844321125474837
McBurney order
https://s3.documentcloud.org/documents/23608438/2022-ex-000024-ex-parte-filing-12.pdf
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA691_Regular.mp3
In today’s episode, Liz and Andrew break down all the developments in the two federal criminal investigations pending about former President Donald Trump that have been delegated to Special Counsel Jack Smith.
First, in the documents case, Liz and Andrew discuss why — all of a sudden — Trump’s team seems to be voluntarily turning over documents, along with a grand jury appearance by Trump’s lawyer, Evan “the Cork” Corcoran. Is this normal? (No.)
Then, Andrew and Liz break down the bombshell news that Mike Pence has been subpoenaed to appear before Smith’s grand jury, presumably to discuss 1/6-related issues. Liz brings her journalistic instincts to bear and Andrew tells us all about that other executive privilege case involving a certain former President who also definitely was not a crook.
Notes
CNN Trump handover of docs
https://www.cnn.com/2023/02/10/politics/trump-classified-records-laptop/index.html
18 USC § 793
https://www.law.cornell.edu/uscode/text/18/793
Washington Post on Judge Howell
https://www.washingtonpost.com/nation/2022/12/08/trump-contempt-mar-a-lago-records/
Trump Subpoena Issued
https://www.theguardian.com/us-news/2023/feb/12/trump-was-issued-subpoena-for-folder-marked-classified-evening-briefing-discovered-at-mar-a-lago
OA13
https://openargs.com/oa13-hillary-clintons-damned-emails/
NYT Article on Pence Search
https://www.nytimes.com/2023/02/10/us/politics/pence-fbi-home-search.html
Bloomberg article on Evan the Cork testifying
https://www.bloomberg.com/news/articles/2023-02-11/trump-lawyer-in-mar-a-lago-search-appeared-before-grand-jury
Washington post on Trump’s hiring of Evan the Cork
https://www.washingtonpost.com/national-security/2022/08/23/trump-records-mar-a-lago-fbi/
Order appointing Jack Smith – Appointment Order 5599-2022
https://www.justice.gov/opa/press-release/file/1552896/download
Pence subpoenaed
https://www.nytimes.com/2023/02/09/us/politics/pence-subpoena-trump.html
US v. Nixon, 418 U.S. 683 (1974)
https://scholar.google.com/scholar_case?case=5132513257326080850
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA690_Regular.mp3
We break down the latest conspiracy counterclaims from One America Network News, while learning the difference between the conservative persecution complex worldview — that Big Tech is censoring conservatism because reasons — and the reality: that big companies are funding and propping up garbage conservative outlets like OANN.
After that, we move on to arguably the Worst People in the World: anti-vaxxers. Specifically, we look at a lawsuit by RFK, Jr. and a whole bunch of weirdos against All the Media for kicking them off YouTube and Twitter. It’s… something, all right. But! At least we learn a little something about the Trusted News Initiative anti-trust and the media along the way.
Notes
SOTU Fact-check
https://www.nytimes.com/2023/02/08/us/politics/fact-check-biden-state-of-the-union.html
Dominion complaint against OAN
https://storage.courtlistener.com/recap/gov.uscourts.dcd.234315/gov.uscourts.dcd.234315.1.0.pdf
OAN California Lawsuit
https://s3.documentcloud.org/documents/21410177/oann-lawsuit.pdf
RFK lawsuit
https://storage.courtlistener.com/recap/gov.uscourts.txnd.371829/gov.uscourts.txnd.371829.1.0.pdf
Liz Backgrounder at Wonkette
https://www.wonkette.com/antivaxx-loons-rfk-jr-jim-hoft-other-idiots-sue-news-outlets-for-booting-them-off-twitter
J.W. Howard Attorneys: We Have A Big Pirate Ship!
https://jwhowardattorneys.com/
Trusted News Initiative
https://www.bbc.co.uk/beyondfakenews/trusted-news-initiative/
Associated Press v. United States, 326 U.S. 1 (1945)
https://scholar.google.com/scholar_case?case=12116214944985887583
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA689_Regular.mp3
Today, Liz and Andrew have two stories for us, each touching on executive privilege.
We begin with a quick fun Liz story where what comes around, goes around, particularly in Georgia.
Then, for the first main story, Liz gives us a detailed update in the E. Jean Carroll litigation, where Trump has finally replaced Alina Habba with an actual lawyer. How’s that going to go for him? Hint: probably still not great.
After that, Andrew picks up a story involving the January 6th Committee, the New York Times, Politico, Judge Beryl A. Howell, executive privilege, and the world’s longest minute order. It’s a deep dive and a breaking news story all in one!
Notes
It’s okay to vote while black in Georgia!
https://www.gpb.org/news/2023/02/08/black-volunteers-passing-out-water-at-2020-albany-voting-site-cleared-of-wrongdoing
Facts about Georgia’s restrictions
https://www.politifact.com/factchecks/2021/mar/29/josh-holmes/facts-about-georgias-ban-food-water-giveaways-vote/
Clinton v. Jones, 520 U.S. 681 (1997)
https://scholar.google.com/scholar_case?case=1768307810279741111
The world’s longest minute order
https://www.courtlistener.com/docket/65636836/application-of-the-new-york-times-company-and-charlie-savage-for-access-to/?order_by=desc
Fed. R. Crim. Pro. 6
https://www.law.cornell.edu/rules/frcrmp/rule_6
McKeever v. Barr, 920 F.3d 842 (D.C. Cir. 2019)
https://scholar.google.com/scholar_case?case=3726944855474329424&q=mckeever+v+barr&hl=en&as_sdt=2006
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https://dts.podtrac.com/redirect.mp3/chrt.fm/track/G481GD/pdst.fm/e/traffic.libsyn.com/openargs/OA688_Updated_Regular.mp3
A new record for him! Today Liz Dye has two stories for us. First, Trump has sued Bob Woodward for profiting off of his voice in his new book. Does he have a case? Well, almost assuredly not. But he happens to come close to a real argument, and you know, that’s like really impressive!
Then, Liz breaks down new news on Hunter Biden’s laptop. It’s still so confusing but Liz helps us make sense of it!
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It’s Liz ThursDYE! Lots has been made of the robots coming for the lawyer jobs… But is it all it’s cracked up to be? Should a human use a lawyer to argue in front of the Supreme Court? Or is that… the single stupidest idea in history? Find out, with Liz Dye!
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It’s the return of Mo’s Poplaw Lawpod! Ace associate Morgan Stringer breaks down the tragic death of up-and-coming cinematographer Halyna Hutchins. Charges were filed against Alec Baldwin and armorer Hannah Gutierrez-Reed.
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Some people are pissed about this, but should they be? What’s happening and will Trump be charged in Georgia over his “perfect phone call?” Find out!
Click here for full links and show notes!
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Lots of news today! Secret documents found in Mike Pence’s house and also in your house and your spouse is actually secret documents. Then Andrew brings us some really interesting speculation on why Ken Cuccinelli was called in to before Jack Smith’s grand jury that no one else has talked about. And finally, asshole Peter Navarro has pulled out all the stops in pursuit of his executive privilege claim, including now… time travel?
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It’s Liz WednesDye! Liz brings us the delightful schadenfreude of Trump’s many vexatious lawsuits blowing up in his face, resulting in paying a lot in legal fees for other people’s lawyers. But is it enough?
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Action packed show today! The House Jan 6 Committee still has effects from beyond the grave. Fireball whiskey is making knockoffs of itself? And yeah, those new Republican House Rules are garbage and should feel like garbage.
Click here for full links and show notes!
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THEY DIDN’T EVEN ASK ALITO about the allegations of him leaking a prior decision. These weren’t like, tabloid Occupy Democrats allegations either. These were in the New York gdamn Times. Didn’t even look into it.
Then, Reynal not sanctioned in CT but like, he might as well have been. And Dersh is STILL lying his ass off. This isn’t a repeat. It’s a new more pathetic set of lies every episode almost.
Click here for full links and show notes!
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Plus, commingling secret documents with personal things: bad when Trump does it, but not when Biden does it? Is the left being hypocritical on that? And, EVEN MORE lawyer sanctioning as Reynal gets slapped down in Texas.
Here are the entire show notes and links.
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Wow it’s almost like there really was an armed coup on January 6th on our nation’s Capital. Stewart Rhodes and Kelly Megs have been found guilty of sedition. But when it comes to their sentencing… it’s actually not very clear how much time they will do. That’s because there really isn’t much precedent for this. Andrew has the breakdown!
Before that, though, we have a follow-up on the music episode. We share further thoughts inspired by some of the response we got. And we got a lot…
Links: 18 U.S. Code § 2384 – Seditious conspiracy, 18 U.S. Code § 3553 – Imposition of a sentence, Sentencing_Table.pdf, trump-lawyers-sanctioned.pdf, Trump sanctions stayed?
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It’s a bit of a good news show! The Respect for Marriage Act has passed the Senate! Justice Alito was ratted out by a Rev. Schenck. And, the 11th Circuit delivered a whopper of a decision putting an end to the Judge Cannon Naro Lago nonsense. Links: Respect for Marriage Act (HR 8404) passes, 42 … Continue reading "OA655: 11th Circuit Slaps Down Judge Cannon!"
We’re once again joined by the incredible Liz Dye to update us (and remind us of the backstory…) on the E. Jean Carroll suit. Or now, SUITS! She has been able to file another suit against Trump due to a new law that has been passed. It’s good news for justice, bad news for Trump!
What happens when Thomas preps a music law episode but Andrew also preps a music law episode? You get basically 2 episodes in 1! Given that we just moved to our more frequent schedule, we definitely did not intend to create such a behemoth, but there was just too much to cover! In the first … Continue reading "OA653: Disney Sued Over Frozen 2 Song – MUSIC LAW!"
The fact that Garland has appointed a Special Counsel means an indictment is not coming in the very immediate future. HOWEVER, everything we know about Jack Smith tells us that this is a very serious step that is not good for Trump. Listen in and find out why! Also, the 11th Circuit AGAIN slapped down … Continue reading "OA651: Special Counsel Jack Smith is Bad News for Trump"
A viral meme claims that a fake Eli Lilly tweet declaring insulin to be free tanked the stock to the tune of billions and billions. Ignoring for a moment the fact that it seems incredibly unlikely that an easily debunkable fake tweet on fake tweet day would send a bunch of investors into a frenzy, … Continue reading "OA650: If Fake Insulin Tweet Tanked Stock, Could Eli Lilly Sue?"
…despite Mitch McConnell voting against codifying his own marriage into law… This is good news! Is it perfect news? As usual, no! But is it still very good? Yes! Would this have happened without Democrats controlling congress even by the slimmest possible majority? NO!Also, MAJOR show announcement! And it’s a good one! Then Liz Dye … Continue reading "OA649: Respect for Marriage Act Advances in the Senate!"
Today we get a breakdown on a few cases in which right wing goons are seeking to shut down free speech and freedom of the press in a pretty major way. AND they are finding success in our broken courts. Dershowitz v. CNN and Trump v. CNN. It also gives Andrew a chance to fawn … Continue reading "OA648: More from the Right Wing War on Free Speech"
It’s a good news show! Of course you know by now that Democrats over-performed in the midterms. So it’s time for Andrew to take a bit of a victory lap and discuss what happened, what races are still left to be called, how the balance of power might change, and what that will mean for … Continue reading "OA647: Senate AND House Both Very Much In Play for Democrats!"
Andrew has done exhaustive research on all the key midterm elections to deliver to you a definitive guide on what to look for on election night. How soon will we know if things are good? Or if they are terrible? Which election outcomes should we be surprised about and which should be completely not surprising? … Continue reading "OA646: A Comprehensive Guide to Watching the Midterms"
Hooooo boy. Ok, Elon Musk officially owns Twitter. Does that mean a big “Andrew was wrong?” Well…. kinda but it’s complicated. We really just did not fathom how irrational Elon is. His wealth has taken a perhaps unprecedented hit as a result of this terrible deal. Listen for the details!Then, Liz Dye joins us for … Continue reading "OA645: We Badly Underestimated Just How Terrible Elon Musk Is At Business"
Just wanted to clarify right off the bat in case the very sight of Seidel’s name on our feed might send you into a panic that some fresh church/state separation obliterating hell was dealt to us by the court. That hasn’t happened at LEAST in the last few days. No, Andrew Seidel joins us to … Continue reading "OA644: Andrew Seidel Is Here! But NOT To Yell About a New SCOTUS Disaster!"
Sorry things are a bit hectic with me being in Manchester for QED. Here is the t3be featuring Andrew Seidel!
This wild story has been on my radar for a while, but now that there’s a lawsuit involved, I’ve convinced Andrew to give us a breakdown! But Andrew doesn’t just take us through the lawsuit. We go through the accusations, and what it might take to try to prove a low frequency event to a … Continue reading "OA643: Magnus Carlsen Accused Hans Niemann of Cheating at Chess. The Chess World Exploded. Now Hans Has Sued"
But who will investigate the investigators? John Durham, as it turns out. And what will he find? F*ck all. Trump tried to have his own Mueller Probe to get to the bottom of all the deep state corruption that must have led to the Russia Investigation only to find that there wasn’t any of that. … Continue reading "OA642: Discount Mueller Probe Ends In Complete Failure for Republicans"
Big news! The smockingest of smocking guns was revealed by a judge who was so alarmed he had to share it with us! Get the full breakdown as to why this is final nail in the case against Trump. In the first segment, we talk about Republicans efforts to undermine student loan forgiveness. Since, you … Continue reading "OA641: Massive Smocking Gun in Newly Revealed Eastman Docs!"
Today we bring you another SCOTUS deep dive involving campaign finance. Money is speech, and people with a crapload of money just deserve to speak way more than us pleebs and that’s a great thing that has fantastic results in our political system and I for one welcome our monopoly man overlords.
The terrorist attacks on September 11th, 2001, took a large toll on America’s sense of security. In the dawn of this new era, Congress moved to take swift action by creating the Patriot Act. The stated goal was to identify and strike back against terrorists, but in practice, the law had much wider-reaching effects. But … Continue reading "Sneak Peak! AMERICAN SCANDAL: Snowden"
The more we learn, the worse it gets for Trump. It’s almost like he’s a pathological narcissist without any regard for laws. Today Andrew breaks down two ways to convict Trump, using two different provisions of the law.Links: motion opposing special master, DOJ exhibits, United States v. Gonzalez, 18 U.S. Code § 793 – Gathering, … Continue reading "OA627: How To Convict Donald Trump"
For real, things are not going well for Trump. We get that he’s Teflon Don, but even those teflon pans get messed up if you scratch them with a knife or if they steal a bunch of top secret documents. Listen and enjoy as Andrew details the many ways Trump is having a very bad … Continue reading "OA626: F(boi)POTUS Is So Porked"
Biden not only kept his campaign promise, but expanded on it! Andrew breaks down the history of the student loan debt problem and what Biden’s plan is. It’s good news!
Perhaps we can have good things? Andrew breaks down Williams v. Kincaid, a 4th Circuit case that actually sets a positive precedent for trans rights! After that, we interview Jalessah Jackson, Executive Director of ARC Southeast – one of the abortion funds that OA listeners raised an incredible amount of money for!Links: 42 U.S. Code … Continue reading "OA624: Good News Show! Williams v. Kincaid Sets a Good Precedent for Trans Rights"
There’s still SO much to talk about in the Mar-a-Lago Treason Trove! Lots of updates on that, plus the Weiselberg plea, Trump passports, and more! We also squeeze in a wildcard on Alex Jones’s loser lawyers. Links: The Atlantic article that is wrong, 42 U.S. Code § 2274 – Communication of Restricted Data, Jonathan Toebbe … Continue reading "OA623: This Week in High Treason"
The unfortunate answer is… yes. BUT. There may be a one weird trick that actually could sidestep this! Listen in for the breakdown and why there is a sliver of hope on this really terrible nonsense. After that, we talk about our Matthew Hoh interview and the response we have gotten.Links: Texas bill, More TX … Continue reading "OA622: Will Alex Jones’ Damages Be Capped by Texas Law?"
If you’re anything like me, you’ve been waiting for the Andrew breakdown of the FBI warrant service on Mar-a-Lago. Well, here it is, PLUS breaking news while we were recording! We didn’t yet have the info that it might be nuclear documents, which makes everything Andrew said EVEN MORE right. Links: 18 U.S. Code § … Continue reading "OA621: The FBI Goes to Mar-a-Lago! This Is Big…"
Listeners will know we have been incredibly hostile to the idea of voting for or running as a third party candidate. Despite that, Matthew Hoh, Green Party candidate for Senate in NC, accepted Andrew’s invitation to come on the show. So why is he running? Can we convince him it’s a bad idea? Listen and … Continue reading "OA620: OA Debates Green Party Candidate Matthew Hoh"
This is… wow. Just wow. Jones’s lawyers accidentally handed over his entire cell phone and didn’t remedy it when they could have. Just staggering. Get Andrew’s full breakdown of this glorious happening. Also, GOOD NEWS FROM KANSAS! The people of Kansas did a good thing. And Pat Cipollone was subpoenaed by the Justice Dept! All … Continue reading "OA619: OK, Alex Jones’s Lawyers REALLY Don’t Know WTF They’re Doing"
In today’s doom coverage, Andrew breaks down Moore v. Harper and how it is completely outrageous that the Supreme Court granted cert. It’s bad. It’s real bad. But guess what! It’s also worse.In the first segment, we talk about the likelihood that the Secret Service texts were lost accidentally. Lots of tech people contacted us … Continue reading "OA618: The Case That Could Allow Republicans to Steal 2024"
There was a truly amazing moment in the Alex Jones trial that we can’t wait to share with you. And, it’s a chance for some law talkin’! Jones’ lawyers are completely inept and we should all enjoy nice things. Then, Andrew takes us through an interesting election situation in North Carolina involving the Green Party. … Continue reading "OA617: Alex Jones’ Lawyers Have No F*cking Idea What They’re Doing"
The 8th and final(???) Jan 6. Hearing happened in prime time on Thursday. We saved our Monday deep dive for it! As usual, Andrew breaks it down with clips! Also, Bannon found guilty! and Jeff Clark hit with disciplinary hearings! What a great day! Links: 2 U.S. Code § 192 – Refusal of witness to … Continue reading "OA616: The Final Jan 6 Hearing. OR IS IT?"
You may remember the ripoff scam that is Christian Health Share Ministries from such episodes as OA497: Christian Health Sharing Is a Scam and OA530: Andrew Testifies to Congress on Christian Healthshare Ministries! Well, as a direct result of Andrew’s House testimony, Rep. Jared Huffman has sponsored and introduced a new bill to fight back … Continue reading "OA615: Rep. Jared Huffman on the Health Share Transparency Act"
If you or anyone you know is President Biden, please dear god listen to this episode and then get the word out. The FEC has been broken and corrupted by Trump appointees. Biden could have easily done something about it from day 1 of his administration and he just… hasn’t. Listen to the full story … Continue reading "OA614: The FEC Is Corrupt and Broken. Biden Has Inexplicably Neglected to Fix It."
We haven’t gotten a chance to pat Andrew on the back enough for nailing the Cipollone prediction, so let’s do so! Tuesday was the first hearing since that bombshell news, and it featured a little bit of Cipollone testimony, but also teased much more to come. Andrew takes us through the hearing, with some clips. … Continue reading "OA613: Cipollone Prediction: Bullseye. Here’s the Next Potential Jan 6 Domino to Fall"
In the wake of the Dobbs decision, Andrew gave a brilliant talk to the Houston Oasis group on how we got here and what we can do. Note in the QnA section, the questions were not recorded, sorry. They are reasonably easy to figure out with context clues though! Check out his slides here.
Today’s episode pays off a bet Andrew made last month that the January 6 Committee would eventually secure the testimony of White House Counsel Pat Cipollone. Find out why that’s such a big deal! In addition to explaining how the J6 Committee came to secure Pets of Belonging’s testimony, Andrew answers your questions regarding whether … Continue reading "OA611: Cipollone to Testify! Andrew Called It! Here’s What To Expect."
As Andrew flagged for us before any other sources (that I saw), Elon Musk’s deal to buy Twitter was never a guarantee. Well, now it’s moved from not a guarantee to very unlikely. Today, we look at what happened. Also, there are two interesting possibilities being debated online. For one, that he’ll be able to … Continue reading "OA610: Elon’s Twitter Deal Was a Complete Blunder. It’s Not Happening."
Wow. What a hearing! BUT FIRST!!! We have an incredibly exciting announcement which we spend the first 11 minutes talking about! Feel free to skip it if you would like to be dead to us, it’s completely up to you. But we worked our butts off to get you this episode an entire day early … Continue reading "OA609: Surprise Jan. 6 Hearing – Bombshells Within Smocking Guns Within More Bombshells"
The hits just keep on coming with this disgraceful, illegitimate Supreme Court. Andrew Seidel joins us to break down Carson v. Makin, and explains why precedent is meaningless, and the only thing that matters to this court when it comes to Church/State cases is: Christians win.Then, Ace Associate Morgan Stringer joins us to explain why … Continue reading "OA608: Forget Church-State Separation, SCOTUS Mandates Christian Favoritism"
If you watched Tuesday’s hearing, you saw the heartbreaking story of how these two amazing women were viciously slandered by Rudy Giuliani and other members of the big lie insurrectionists. Their lives were absolutely turned upside down by complete racist fabrications. Do they have recourse? What will happen? Then, Andrew breaks down the complete breakdown … Continue reading "OA607: Will There Be Justice for Shaye Moss and Ruby Freeman? and Bye Bye Miranda Rights!"
You may have recently seen people posting about a disturbing Supreme Court decision (what else is new) with images of how much of the US is within 100 miles of a border, and how federal agents can basically get away with anything in most of the country. What was that about? Was it overblown? Welp. … Continue reading "OA606: How Egbert v. Boule Portends Shocking US Fascism – with Matt Cameron"
Today is two entire show’s worth of things somehow crammed into one! First, Jan 6 hearing #3 is in the books. Some amazing bombshells! Also, I grill Andrew on intent and how it could possibly be that we have to prove what Trump had going on in his dumb brain. It’s an extended cross examination … Continue reading "OA605: GEICO to Pay $5.2m for Car Sex?! and MORE Jan 6 Bombshells!"
Surprise! An early episode for everyone! Here’s why: the first Jan 6 hearing is in the books. The next one is Monday AM. Listen for Andrew’s breakdown of hearing 1, and what to look for in hearing 2!
Given that the Jan 6 hearing is AFTER we record, we’re doing a little switcheroo! Today is a Tuesday-esque deep dive! What’s with this California court ruling that bees are fish? Is Elon Musk right to mock it? Find out all about it and how it relates to when Reagan designated ketchup as a vegetable! … Continue reading "OA603: California Court Rules That… Bees are Fish?"
About a week ago, there was yet another smoking gun document trove delivered to us by the Jan. 6 Committee in relation to the Eastman trial. Andrew gives us the full breakdown, including a couple new insurrectionist characters we haven’t yet been introduced to. All of this, plus the first primetime Jan 6. Committee hearing … Continue reading "OA602: New Eastman Docs Set Stage for Jan 6 Hearings"
The way you know the Supreme Court is ruining the law in this country is if their lips are moving. Well, this time they’ve decided that a 10 year old precedent is already too old for them, and that if you were given a terrible lawyer by the state, you should have thought of that … Continue reading "OA601: SCOTUS Ruling Guarantees More Innocent Will Be Put to Death"
In the wake of the pathetic police response to the Uvalde shooting, you have likely come across posts and memes talking about how police don’t actually have any obligation to protect you or really do anything. Is this true or is it overblown internet leftist hyperbole? Well, it’s true, and it’s infuriating. Andrew breaks down … Continue reading "OA600: Why Police Don’t Have To Do Their Jobs"
Another horrific mass shooting has us all asking WTF can we actually do about this? There is plenty of reason for pessimism, but Opening Arguments is here to break down what might realistically be done. This is part 1, focusing on why gun companies are immune from civil actions and what we should do about … Continue reading "OA599: Our Massive Gun Problem – What Can We Do?"
Some folks on the internet have been trying to “one weird trick” our way to saving Roe by claiming that tribal sovereignty could help ensure abortion access. Well, not only is this wrong, it’s offensively wrong. OA brings you the deep-dive on Indian Law (yes, that’s what it’s called…) with a refresher on McGirt v. … Continue reading "OA598: No, Tribal Sovereignty Will Not Save Abortion Access"
The 5th Circuit has never been in the top 10 circuits in terms of not being insane, but now it has gone even more off the rails. Andrew takes us through the deep dive on a terrible decision that will decimate the SEC’s ability to do anything, and why the logic will be applied elsewhere. … Continue reading "OA597: 5th Circuit Tells SCOTUS Hold My Beer"
By popular demand, we old out of touch guys have invited Ace Associate and Poplaw Expert Morgan Stringer on to explain to us just what in the h is happening in the Depp v. Heard lawsuit. Who is suing whom and for what? Can we take what we’re seeing on TikTok at face value? Also … Continue reading "OA596: Depp v. Heard, with Morgan Stringer"
According to a lawsuit filed by some shareholders, Twitter may have failed to disclose important information about the Musk deal, and it might be Musk’s doing! Get the full breakdown on this very interesting lawsuit that isn’t getting much coverage elsewhere! Also, a Connecticut Bill paves the way for how other states might fight against … Continue reading "OA595: Shareholders Sue Twitter, Alleged Facts Jeopardize Musk Deal"
It’s a breakdown I’ve been begging Andrew to do for months and it’s finally here! The case for why the House should start impeachment proceedings for Clarence Thomas. Links: Ginni’s texts, Trump v. Thompson, Ginni apologized to clerks, Justice Samuel Chase – Impeachment, How Ginni Thomas jockeyed for influence in Trump’s orbit
It is absurd to say “point to where in the Constitution it says you have a right to an abortion.” Legally speaking, there’s something a lot deeper and more basic going on. As we all already know, this leaked decision makes a mockery of the law. Andrew has some further deep-diving for us on how … Continue reading "OA593: Roe Was Never About a ‘Right to Abortion’"
Just stunning. Despite OA warning you about this for years, it still is, and should be, utterly shocking to see in print. Andrew has somehow already read the opinion and has a preliminary breakdown. This is an emergency, unfiltered, unedited, uncensored episode.
Andrew Seidel joins us to commiserate over both how much the Supreme Court is butchering State-Church Separation, and also how irresponsibly The Daily podcast covered the case involved. The NYT decided to devote an entire episode to a man who a Bush-appointed federal judge called out for being dishonest in his presentation of facts. Please … Continue reading "OA592: NYT’s ‘The Daily’ Botches SCOTUS Case Coverage"
We continue the fascinating deep-dive into the NOT FINAL deal for Musk to buy Twitter. This part goes more into the financing and highlights even more ways the deal might not go through. Then, we’ve got some updates in key stories! Trump has been held in contempt! And briefs for the MTG case are due … Continue reading "OA591: Musk Buys Twitter, Part 2!"
The answer may surprise you! When it was announced that Elon Musk bought Twitter, I had a billion and one questions for Andrew about it. Andrew being Andrew, he commenced deep-diving and turned up a ton of interesting info about this deal and the legality around deals like this. And to his surprise… it’s FAR … Continue reading "OA590: Musk Buys Twitter. The Deal Is Done. Or Is It?"
Past OA guest Sarah Henry is running for the Florida House in the 38th district! We talk about the absolute hell that is Florida Republicans, and what she intends to do about it. Then, a breakdown of the civil contempt motion against Donald Trump for never complying with anything. Will he get those Alex Jones … Continue reading "OA589: The FL House is a Dumpster Fire. Sarah Henry Hopes to Change That!"
As you’ve no doubt already heard, a totally unqualified, Trump appointed, 34 year old Florida Judge has completely destroyed the national travel mask mandate with the stroke of a pen. Andrew breaks down how dumb the opinion is, and Thomas laments that Democratic leaders are somehow still pretending we live in a society. After that, … Continue reading "OA588: Wildly Ignorant Trump Judge Upends National Mask Policy"
In these troubled times, we cling tightly to the small amounts of good news we get. One source of good news who keeps on giving is Alex Jones. He is so unambiguously screwed that it’s our pleasure to cover the screwage in even more depth today. This time, it’s about a few new cases against … Continue reading "OA587: Alex Jones Continues To Be Completely Porked"
It’s a question a lot of you posed after Texas banned abortion by completely cheating the Constitution: what if a liberal state did the same thing but for gun control? Well, CA has done exactly that. Hear the breakdown and Andrew prediction for what will happen to this bill. After that, we’ve got really bad news. Remember how Democrats had almost forced a level playing field nationally by gerrymandering aggressively in Maryland and New York? Well, some fair minded judges just undid that.
Links: 36 QAnon candidates, QAnon supporters running for Congress, How QAnon Became Obsessed With ‘Adrenochrome,’, MD Redistricting injunction, revised map approved, NY order stayed in the 4th appellate division
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Frequent OA guest, Professor Randall Eliason recently wrote an article for the Washington Post called “Forget what you heard. The DOJ’s Jan. 6 probe is moving at a good pace.” So, we thought we’d have him on the show for a conversation around just that. Is justice for Jan 6 taking too long? Are prosecutors being “chicken shits?” Will Trump get away with everything?
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Amazon workers in Staten Island overcame extensive union busting efforts and won a vote to unionize! This is great news, and we can only hope it has a snowball effect. Listen as Andrew breaks down the journey, the conditions that led to the effort and the disgusting lengths Amazon went to to punish the employees who started organizing. In the A segment, we get a delightful little Alex Jones update. He finally showed up for a deposition!
Links: Docket, Jones moves to purge contempt, small wrinkle, NLRB order on bogus Amazon election, Smalls fired, Exhibit 13, Amazon racist comments, 29 US Code § 157 – Right of employees as to organization, 29 US Code § 158 – Unfair labor practices
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If you’re a regular listener you’ve heard us break down the ongoing weirdness between DFEH and EEOC over the Activision-Blizzard misconduct. It’s been… unprofessional, and bad for basically everyone involved. Unfortunately, it looks like the pitifully inadequate settlement that EEOC negotiated with Activision-Blizzard is going to go through. Get the details, and what if anything can still be done about it.
Before that, Andrew gives us an update on Eastment. He’s still slow walking the documents, but now wants early discovery? What? Get the breakdown!
Links: Eastman motion for early discovery, Chapman opposition, Eastman reply brief, DFEH motion to intervene denied 12/20/21, 1/4/22 amended decree substantively the same, 1/18 DFEH objections, 3/4 employee moves to intervene, attachment C to amended decree, 3/22 motion to intervene denied, 3/22 order on PACD
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Will Smith slapped Chris Rock onstage at the Oscars. On live television. It’s less than a day old and yet you’ve likely already been inundated with hot takes about it. BUT, we offer you zero more annoying hot takes. This podcast takes you through the actual legal implications, both criminal and civil, of an event like this. Chris Rock might not be “pressing charges,” but does that matter? If he sued civilly, what would happen? Find out the actual, researched answers to these questions in a free bonus pod, just because we love you!
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Our main segment today is a breakdown of Google’s massive scheme to keep tons of documents privileged inappropriately. It’s a fun deep-dive full of bad documents! Before that, we quickly go over the disgusting attempts to discredit KBJ by Senate Republicans. And, believe it or not, a GOOD NEWS segment about Lia Thomas!
Links: Hawley Refutation, Trump v Clinton, Utah HB 11, Indiana HEA 1041, Google antitrust complaint, google status report, Google’s Communicate with Care, Google response
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After accidentally suing themselves and then re-filing, some anti-vaxers then went on to file a complaint that, I can’t believe I’m saying this, is actually something we need to take seriously. It may be the new blueprint for anti-vax grift and we need to call it out. Andrew has the full breakdown!
Links: complaint, Jefferson W. Gross, Davillier Law Group, LLC, 86 FR 61555, background to Biden v. Missouri / OSHA, Biden v. Missouri, Vaccine: Mandate for Health Care Settings (deadlines vary by state), Great Barrington Declaration
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It’s a CNN headline that the MAGA Media is jumping all over. Is this a vast conspiracy to persecute the “political prisoners” of 1/6? Or… is it a normal thing? Get the breakdown. ALSO – man buys Tom Brady’s “final” touchdown ball for $518k. Brady unretires THE NEXT DAY. Does the man have any legal recourse against anyone? And finally, an update on John Eastman’s never ending quest to not turn over his insurrectiony documents.
Links: Brady auction, All About Bidding with Lelands, Prosecutors admit they violated a Capitol rioter’s rights CNN, actual filing, govt response to motion to release, United States v. McLendon
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It’s time to cover these disgusting ‘Don’t Say Gay’ Bills. There’s some small good news, though. None of them are actually law YET. Find out what they are about, and which ones will and won’t likely become laws. Then, Andrew breaks down how one Republican sought to show how elections are fraudulent by… committing an absurd amount of election fraud. Then, because we’ve earned it, a nice uplifting wildcard segment!
Links: Florida don’t say gay bill, GA SB 613, Idaho HB 675, Missouri HB 1677, Peters Indictment, FL goon squad bill, Sidney Powell bar complaint, p 37 of Dominion’s defamation lawsuit, Exhibit 6
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Last week, you heard us play a few clips of John Eastman lying his ass off on Lawrence Lessig’s Another Way podcast. Well, now Professor Lessig is here to give us an expert breakdown of some of the election law issues raised by team big lie. Also, how is our election system vulnerable to the next Republican attack in 2024?
Links: Friday eastman pleadings, court response, Opening Arguments on Twitter live tweet thread, Ruling, 1/6 brief, Eastman memo, 3 US Code § 15 – Counting electoral votes in Congress, Longer Eastman memo, Eastman reply
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The owners refuse to play ball and the starting date for the MLB season continues to slide. Did the players throw a big curveball into the mix? Are their demands out of left field? Not really! The ballpark figures from both sides are actually very close but the owners are playing hardball. The episode on deck may be a little inside baseball, but if you listen in I think you’ll agree it’s a homerun!
Before all the baseball puns, we have an update on the Texas war against trans people and the war on Ukraine.
Links: abbott letter, ACLU lawsuit, Ukraine ICJ, Vasani quits Ivanyan in wake of Russian invasion
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Andrew spotted a massive, smokiest of smoking guns in a brief filed by the 1/6 Committee! This is HUGE NEWS. It is the first sign we’ve yet had that Trump is facing ACTUAL criminal charges! This bombshell wiped the whiteboard clean and today’s episode is entirely devoted to Andrew’s expert breakdown. Don’t miss it! And please share!
Links: Trump credits lawyer who said Kamala Harris, 55, a US citizen at birth, isn’t eligible to be VP, 1/6 Committee Brief, Exhibits, 18 US Code § 1512 – Tampering with a witness, victim, or an informant, 18 US Code § 371 – Conspiracy to commit offense or to defraud United States, Eastman memo, 3 US Code § 15 – Counting electoral votes in Congress, PRIVILEGED AND CONFIDENTIAL January 6 scenario, Jacob”s depo, Exhibit K, Exhibit L, Exhibit M, Exhibit N, Timeline: How the Jan. 6 attack on the Capitol unfolded, Jeffrey Rosen’s Dep, Richard Donoghue’s dep
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A note in the Harvard Law Review suggests we ought to “Remove presidential elections from the Anderson-Burdick Framework.” So, just what does that mean and is it a good idea? Listen in as Andrew breaks it down! Also, we’ve got an update in the Madison Cawthorn situation, and more Kraken sanctions updates!
Links: remedial election plan ruling, Special Masters plan, another kraken loss, Judge Parker ruling, 6th Circuit appeal, Removing Presidential Elections from the Anderson-Burdick Framework – Harvard Law Review
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Emergency bonus episode! We promised a deep-dive on whoever Biden chose to replace Breyer, and here it is! Ketanji Brown Jackson is immensely accomplished. Listen as we break down what terrible arguments to expect Republicans to try against her appointment, and what some key rulings in her judicial history tell us about her jurisprudence!
Links: DC cir questionnaire, Senate Written questions, Judiciary v. McGahn, Meat Inst. v. US. Dep ‘t of Agric, AFL-CIO v. Trump, In re Air Crash over S. Indian Ocean, 8 US Code § 1103, Make the Rd. NY v. McAleenan, Campaign for Accountability v. US. Dep ‘t of Just
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What does the US’s disgusting history of war crimes teach us about international law? We look at the story of how the US screwed over Nicaragua and what the UN did about it. Also, we break down Gov. Abbott’s gross attack on trans people. It’s despicable, but what will the real life consequences be? Find out. Before that, some good news and very bad news in the efforts to hold Trump accountable for his uncountable crimes.
Links: SCOTUS Feb 22 order, Eastman reply, Prosecutors Leading Trump Fraud Investigation in NY Resign, Abbott letter, Paxton letter, UN Charter, Chapter XIV: The International Court of Justice, Statute of the International Court of Justice, Nicaragua v US 1986, ruling
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If you don’t understand the first part of the title, you’re not alone! There was a delightful dust up between Wizards of the Coast and something called a DAO over Magic the Gathering. It turns out you’re not just allowed to profit off of other people’s IP? Cryto bros were very surprised to learn this. Andrew decodes it for us. Then, we finally get a thorough breakdown of what happened in the Palin v. NYT case. You may have heard it was dismissed, but it may not be over yet! It’s a weird story with a lot of twists and turns.
Links: Democratic DAO Suffers Coup, mtgodao white paper, Crypto Losers Buy Copy Of Jodorowsky’s Dune, Play Themselves, mtgodao twitter, 17 US Code § 106 – Exclusive rights in copyrighted works, Opinion | America’s Lethal Politics, Sarah Palin Jurors Said They Saw News Alerts About Case
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Today we have two very significant legal settlements in the news to break down! The families of Sandy Hook victims settled with Remington, but based on the terrible state of the law, this wasn’t a guarantee. Andrew explains how it happened! In a somewhat parallel settlement, a victim of Prince Andrew and Jeffrey Epstein settled, but only because of an interesting ruling on a motion to dismiss. Before that. we’ve got updates on oral arguments in the NY AG motion to quash, the NFL hiring Loretta Lynch & other NFL stuff, the bizarre Durham filing, and the 5th Circuit Injunction related to vaccines and airlines. And then, some Cardi B stuff. So much news!
Links: Daniel Snyder Alleged Sexual Harassment Details, Giuffre v. Prince Andrew, GIUFFRE v. ANDREW ruling, Sandy Hook Families Reach Settlement With Gunmaker Remington, 15 U.S.C. § 7901 – “Protection of Lawful Commerce in Arms Act of 2005”, Bernie Sanders voted for it, 15 US Code § 7902, 15 US Code § 7903, Connecticut Unfair Trade Practices Act Chapter 735a, § 42-110b, Cardi B on Her Unstoppable Rise GQ
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We’ve got a delightful update in the Madison Cawthorn “one totally legitimate effort” to keep him off the ballot! Cawthorn’s lawyers made a truly pathetic attempt at an injunction. It’s bad law, but good deep dive! Also, a big Opening Arguments was Right about the DHS saga from a few years ago. Don’t remember what we’re talking about? Don’t worry, we’ve got your back and it is good news! As if that isn’t enough, we’ve got a bonus Wordle Law Wildcard! Just listen, alright!
Links: I-765, Application for Employment Authorization, Employment Authorization Document, Federal Court Restores Access to Work Permits for Many Asylum Seekers, Trump Rule final text, AILA – DHS Secretary Ratifies Rule, Judge Beryl Howell says NOPE, Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991), Wordle and IP law, Cawthorn Injunction, State Board Answer, Younger v. Harris, 401 U.S. 37 (1971), Chavez v. Evans, 446 P.2d 445 (NM 1968)
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You think you know what a “bad document” is? You haven’t seen anything like this! Keen listeners should know by now that winning a defamation suit as a famous person is a tough bar to clear. But, if the person you are suing is an absolute trainwreck and is possibly the worst person in the world, that bar can be cleared. Listen as Ace Associate Morgan Stringer tells us what happened and why Cardi B won!
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After being fired from the Miami Dolphins, Brian Flores has filed a very serious lawsuit against the NFL for racial bias in hiring. This is absolutely huge news. Find out why the NFL is in serious trouble!
Links: Flores v. NFL, Douglas Wigdor – New York’s Best Employment Lawyer, 42 US Code § 1981 – Equal rights under the law, Comcast Corp. v. National Assn. of African American-Owned Media, Palmer v Cook :: 2019, NJ law against discrimination
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Check out this one WEIRD trick to…. record scratch wait a minute… it’s not a weird trick? Wow! Well, check out this one legitimate way in which Madison Cawthorn could be kept off the ballot! It turns out, the Constitution actually isn’t a super big fan of insurrections. Also, some additional info on anti-trust law, and a Wild Card (wooooooooo!) on a new bill written by a Democrat AND a Republican that actually has a chance of passing!
Links: Cawthorn Complaint, Next day order staying proceedings, Gerard Magliocca, Amnesty and Section Three of the Fourteenth Amendment, Article 11B. Challenge to Candidacy, GOP Power Lawyer: Congress Said Insurrection Is Cool In 1872, 1872 Amnesty Act, Klobuchar Cotton Bill
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Huge news day! BREYER WILL RETEYER! What a relief. Andrew takes us through that and the potential replacements. They’re all great! Then we’ve got, by immense popular demand, coverage of a story in which at-will employees were forced by a court to stay in their job. What happened? Was it reported correctly? Find out! Then finally, it’s Stormy Daniels vs scumbag Michael Avenatti in one of the many trials Avenatti is facing for his unethical behavior.
Links: Leader of the Oath Keepers, Democrats Can Replace Justice Stephen Breyer on Party Lines, injunction against at-will employees
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There was huge news in the gaming industry as Microsoft announced a deal to acquire Activision! You may remember Activision from such episodes as OA513: California v. Activision Blizzard, Inc in which we covered some of the disgusting sexist behavior that has landed the company in hot water. How does that affect this acquisition? Well, you might be surprised! Listen in!
Links: 15 US Code § 1 – Trusts, etc, 15 US Code § 2 – Monopolizing trade a felony; penalty, MICROSOFT HALTS MERGER WITH INTUIT – The Washington Post, United States v. Microsoft Corp, United States v. Microsoft Corp., 97, US v. Microsoft, 253 F.3d 34 (2001)
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It’s a good news/bad news type of day. The bad news – voting rights has failed in the Senate due to… exactly the two Senators you’d think. But here’s the great news! First, the Supreme Court ruled against Trump about the Jan 6th documents! Andrew gives us the full breakdown. And the double good news: We’ve got an interview with House Rep Raja Krishnamoorthi! He reacts to voting rights, Jan 6th, and explains his Ban Conflicted Trading Act!
Links: Trump v. Thompson (DC Cir Dec. 9, 2021), SC opinion, Ban Conflicted Trading Act
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A juror lied about being a victim of sexual assault. Is that enough for Ghislaine Maxwell to get a new trial? Find out as Andrew brings us the legal deep dive. Also, GOOD NEWS! The Ohio Supreme Court struck down some gerrymandered maps. It’s fantastic news and we’re here to tell you all about it!
Links: Rule 33. New Trial, McDonough Power Equipment v. Greenwood, 464 U.S. 548 (1984), Ramos v. Louisiana – 140 S.Ct 1390 (2020), Montgomery Ward & Co. v. Duncan, 311 U. S. 243, 251 (1940), League of Women Voters of Ohio v. Ohio Redistricting Commission, Article XI – Ohio Constitution
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There is a ton of breaking news today, happening just as we went to record. Andrew had time to briefly look over the Supreme Court ruling on the vaccine mandates and it is TERRIBLE. To quote Andrew’s live reaction off mic, “Oh they’re just lying now.” It’s that bad. But, we also had some good breaking news! In a nice timely Andrew Was Right, Oath Keepers leader Stewart Rhodes was arrested on Jan 6 charges despite not even being there, signaling an escalation in the whole consequences thing. This is good. All that PLUS a wonderful deep dive on an alleged “one weird trick” to solve the filibuster. You know by now it probably won’t work, but it actually does and it’s very interesting! It just doesn’t solve the problem people hope it would.
Links: Democracy Docket on Twitter, Chuck Schumer’s filibuster dodge MSNBC, Congressional Research Service, Secretary of the Senate, Senate Rule IX, McConnell threatens Senate shutdown if Democrats nuke filibuster, Fake Electors
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It’s another instance of media coverage of the law not quite getting it right! The lawsuit actually will be back, and Andrew is here to explain why and what really happened! But first, meat’s back on the menu, boys! The Biden Administration has been finding creative ways to help people, this time with a Meat EO. Andrew takes the opportunity to explain how Federal Rulemaking works and how Democrats are constantly working to improve things in ways that aren’t always obvious.
Links: The Biden-Harris Action Plan for a Fairer, More Competitive, and More Resilient Meat and Poultry Supply Chain, Executive Order on Promoting Competition in the American Economy, Lawsuit Accusing Nirvana of Sexually Exploitive Imagery Is Dismissed, nirvana-lawsuit.pdf, MTD filed 12/22, granted for failure to respond, local rules
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It’s been both an eternity and no time since the disgusting attack on our nation’s Capitol one year ago. We’ve seen some amount of justice dealt to those involved, but mostly at lower levels. Is there more to come? Will those at the top face consequences? Andrew is here reading the tea leaves on Merrick Garland’s speech, and they are some interesting leaves… In the second segment, Andrew tells us about the worthless ethics report issued by Chief Justice Roberts.
Links: Read Merrick Garland’s Full Jan. 6 Speech, 2021 Year-End Report on the Federal Judiciary, “On Sexual Harassment in the Judiciary” by Leah M. Litman and Deeva Shah, Supreme Court order vax case
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