Opening Arguments

E24 - Today on Vapid Response Wednesday: the story of a wealthy family that lost everything and the one son who had no choice but to try to defend his sister after she was convicted of abusing and trafficking minors with (and for) Jeffrey Epstein. For this special episode we read through Ian Maxwell's entire body of published work for The Spectator and unseriously consider some of the many questions the tabloid heir raises about the arrest and conviction of his sister Ghislaine, the evils of the First Amendment, and of course a lengthy digression about some people named Todd.  Watch this episode on YouTube! Nobody's Girl, Virginia Roberts Giuffre (2025) Virginia Giuffre's full 2019 interview on 60 Minutes Australia Ian Maxwell's video interview with The Telegraph, Feb. 20, 2026 Ian Maxwell's author page at The Spectator “The truth about my sister, Ghislaine Maxwell,” Ian Maxwell, The Spectator, 12/16/2021 “My sister Ghislaine was denied justice,” Ian Maxwell, The Spectator (UK edition), 7/1/2022 “Don't take Virginia Giuffre's memoir at face value,” Ian Maxwell, The Spectator, 11/5/2025 “How my sister Ghislaine beat the Epstein conspiracy theories,” Ian Maxwell, The Spectator, 9/9/2025 “My sister Ghislaine became a prop in the theater of global online outrage,” Ian Maxwell, The Spectator, 2/25/26 Full Department of Trade and Industry report regarding the investigation into Robert Maxwell's pension fund embezzlement and corporate fraud (2001) Check out the OA Linktree for all the places to go and things to do!

OA1240 - Shaina Aber, Executive Director with Acacia Center for Justice, joins today to discuss immigration nonprofit work during Trump 2.0. Find all of the tools and programs we talked about at their website, Acacia Center for Justice.  

OA1239 - Did the Supreme Court just hand Donald Trump the biggest L in US presidential history? We go beyond the headlines to break down the first decision on the merits of any of the second Trump term's policies. What is the deal with the “major questions doctrine” and why can't the conservative justices agree about what it is and how to use it? Why did Neil Gorsuch choose this case to drop a lengthy diss track with bars about every one of his colleagues? And is there anything Clarence Thomas wouldn't let a Republican president do? We then review a lesser-noticed SCOTUS decision from this week on whether you can sue USPS for intentionally stealing your mail for openly racist reasons (the answer may surprise you!).  Finally, in today's footnote: Thomas Takes the ICE Exam! Learning Resources, Inc. et al. v. Trump (2/20/2026) United States Postal Service v. Konan  (2/24/2026) “The Postmaster,” William Shawn, The New Yorker (11/14/1970)(letter addressed to William Faulkner from Post Office Inspector Mark Webster) Memorandum Summary of Documents Newly Received from DHS Whistleblowers, Sen. Richard Blumenthal (2/23/2026)(with leaked ICE training documents attached) Check out the OA Linktree for all the places to go and things to do!

OA1238 - Dive in to an “old” case from the 90's that secured a critical right for people with disabilities: The right to be free from unnecessary institutionalization. Learn about some of the more obscure portions of the Americans with Disabilities Act, the different ways we can define discrimination, and what happens when a majority of  judges just cannot agree to sign on to an entire opinion. Olmstead v. L.C. 527 U.S. 581 (1999) Americans with Disabilities Act - Findings and Purpose; 42 U.S.C. § 12101(a)(2, 3, & 5) Americans with Disabilities Act - Discrimination; 42 U.S.C. § 12132 28 CFR § 35.130(d) Jesse Jackson (July 18, 1989). Statement before the Committee on Education and Labor Subcommittee on Select Education (regarding the Americans with Disabilities Act). Check out the OA Linktree for all the places to go and things to do!  

OA1237 - The U.S. Department of Justice is not sending their best these days. From the problematic indictments of journalists Don Lemon and Georgia Fort for their coverage of the protest of a church in Minnesota whose pastor runs the local ICE field office to the unexpected dismissal of Mohsen Mohdawi's deportation proceedings to a bizarre argument (and more good news) in Kilmar Abrego Garcia's custody proceedings, we are continuing to see what happens when authoritarian lawyering meets actual federal judges applying actual federal law to the facts and parties before them.  Finally, in today's footnote: can you sue your ex for telling millions of people about your enormous penis? We debate whether a former football player's claims are giving BDE or legal shrinkage. Federal indictment of Nakima Levy Armstrong, Don Lemon, Georgia Fort, et al in connection with January 18, 2026 protest at Cities Church DOJ Office of Civil Rights memo re: FACE Act charging policy (Jan 24, 2025) The Freedom of Access to Clinic Entrances (“FACE”) Act, 18 USC 248 Petitioner's 28(j) letter in Mahdawi v. Trump with copy of the Immigration Judge's order terminating Mohsen Mahdawi's removal proceedings attached (Feb. 17, 2026) Judge Xinis's order preventing Kilmar Abrego Garcia's re-detention by ICE (Feb. 17, 2026) Complaint in Kalil v. Kalil, filed Jan. 6, 2026 Excerpts from Rev. Jesse Jackson's “Keep Hope Alive” speech at the 1988 Democratic National Convention Check out the OA Linktree for all the places to go and things to do!

E23 - For today's amuse douche: a savory sample of our favorite Harvard Law professor's extremely normal 2015 explanation of his appearances in Jeffrey Epstein's flight logs. We then take on an almost painfully normal 1997 Dersh LA Times oped in which the lawyer who would go on to secure one of the best plea deals a pedophile has ever received complains about all of those pesky age of consent laws. Finally: some of the worst reactions from men exposed in the Epstein files.  You can also watch this episode on YouTube! “Gelernter tells dean he stands by praising student's looks to Epstein,” Yale News, Feb 5, 2026 “Statutory Rape is an Outdated Concept, Alan Dershowitz, LA Times (1997)(retrieved from Newspapers.com.)  Steven Pinker's linguistic analysis for Epstein's defense team, eventually resulting in Epstein's "sweetheart deal" (attachment in linked email, June 28, 2007). Check out the OA Linktree for all the places to go and things to do!

OA1236 - Elections grab bag! Election news has been accumulating, so Jenessa helps us get caught up on what's going on. Who's winning elections? What's going on with redistricting? Heard something confusing about the mail? Trump back on his bullshit again? Good news, mixed news, debunking alleged bad news, bad news with plans for how to turn things around; we've got it all. Updates since we recorded: The SAVE America Act passed the House. Also the affidavit for the warrant in Georgia was unsealed. We'll talk about it soon, but the short version is these people really still believe in election conspiracy theories. It's gross. We'll survive. John Hanna & Julie Carr Smyth (Feb. 1, 2026). Texas stunner: Democrat Taylor Rehmet flips Republican state Senate district Trump won by 17 points, Associated Press. Amy Howe (Feb. 4, 2026). Supreme Court allows California to use congressional map benefitting Democrats, SCOTUSBlog. Tangipa v. Newsom (docket and SCOTUSBlog coverage), SCOTUSBlog. Abbott v. League of United Latin American Citizens (docket and SCOTUSBlog coverage), SCOTUSBlog. H.R.7296 - SAVE America Act, Congress.gov. H.R.7300 - Make Elections Great Again Act. Congress.gov. Domestic Mail Manual 608.11 Domestic Mail Manual amendment explanation (Nov. 24, 2025). Postmarks and Postal Possession, Federal Register. 39 CFR Part 111 Dan Mooney, What Is RTO? Why Do We Have It?, National Association of Postal Supervisors (Aug. 19, 2025)  Regional Transportation Optimization (RTO) initiative. (Feb. 2, 2025). Service Standards for Market-Dominant Mail Products, Federal Register. 39 CFR Part 121 Track Your Ballot or Ballot Application, Vote.org. 2 U.S.C. § 7 - Time of election (Dec. 24, 2025). Table 11: Receipt and Postmark Deadlines for Absentee/Mail Ballots, National Conference of State Legislatures. Evan Lee (Jan. 15, 2026) Court holds that all candidates can challenge rules governing vote counting in elections, SCOTUSBlog. Bost v. Illinois State Board of Elections, 607 U.S. __ (2026). Bost v. Illinois State Board of Elections (docket and SCOTUSBlog coverage), SCOTUSBlog. Amy Howe (Nov. 10, 2025). Justices agree to decide major election law case, SCOTUSBlog. Watson v. Republican National Committee (Election Law) (docket and SCOTUSBlog coverage), SCOTUSBlog. Check out the OA Linktree for all the places to go and things to do!

OA1235 - Today on Rapid Response Friday: Matt's still on island time, so it's a good-news-only kind of day as we review (1) the historic termination of deportation proceedings against Tufts grad student Rumeysa Ozturk, (2) new judicial restraints on ICE, (3) a DC federal judge's outstanding rebuke to DHS Secretary Kristi Noem's attempt to deport 350,000 Haitians, and (4) a Republican revolt on Trump's emergency tariffs. (Also: just how stupid is the super-secret memo which ICE has apparently been using to justify breaking into some immigrants' homes without a judicial warrant?) Finally in today's footnote: Matt shares how his attempt to mail some pants from the U.S. Virgin Islands revealed a weird loophole in Trump's emergency tariff orders which is now forcing some U.S. citizens to pay international duties on domestic shipments. In re: Ruiz-Massieu, Int. Dec. #3400, Board of Immigration Appeals (June 11, 1999) Whistleblower Aid letter detailing secret ICE memo allowing arrests without warrants (memo attached at Ex. 1)(Jan. 6, 2026) Sample I-205 ICE administrative warrant D.C. District Court judge Ana Reyes's decision in Moit v. Trump  preserving Temporary Protected Status for Haitians in the U.S. (2/2/2026) “Suspending Duty-Free De Minimis Treatment for All Countries,” The White House (July 30, 2025) Check out the OA Linktree for all the places to go and things to do!

VR22 - Matt reports in just a few miles from--and this is true--Epstein Island to provide a recap of his recent visit to Minnesota days after Alex Pretti's murder for the first major gathering of state legislators joining forces to stop federal overreach since 1814. How are the people of Minneapolis and their elected leaders holding up on the front lines of the Department of Homeland Security's war on America, and what can we learn from their example?  Finally, in today's Vapid Response: professional centrist (and amateur constitutional scholar) Lionel Shriver explains how nearly three hours of research has convinced her that sanctuary jurisdictions, the people of Minneapolis, and Antonin Scalia have gotten it all wrong. State Futures website Video of the Minnesota Senate Rules and Administration Select Subcommittee on Federal Impacts to Minnesotans and Economic Stability hearing held Jan. 29, 2026 “There Should Be No Sanctuary From ICE,” Lionel Shriver, The Spectator (Jan 2025) Check out the OA Linktree for all the places to go and things to do!

Take a break from the downfall of democracy and instead get outraged at the deep injustice of a year-long feud over a bronze medal in women's gymnastics. This story's got everything: bravery, racism, the best and the worst of sportsmanship, bad blood that's been brewing since the Cold War, and, somehow, the Swedish Federal Court. Come for the weird gymnastics scoring rules, stay for the legal analysis of international arbitration rules. Rory Carroll (August 5, 2024). Gymnastics - Biles bows to Andrade in floor final at Paris games. Reuters. International Gymnastics Federation, Code of Points 2022-2024: https://www.gymnastics.sport/publicdir/rules/files/en_2022-2024%20WAG%20COP.pdf 2025-2028: https://www.gymnastics.sport/publicdir/rules/files/en_1.1%20-%20WAG%20COP%202025-2028.pdf International Gymnastics Federation, Technical Regulations 2024: https://www.gymnastics.sport/publicdir/rules/files/en_1.1%20-%20Technical%20Regulations%202024.pdf 2025: https://www.gymnastics.sport/publicdir/rules/files/en_1.1%20-%20Technical%20Regulations%202025.pdf English press release from Swiss Federal Court.   Further reading: Richard McLaren, The CAS Ad Hoc Division at the Athens Olympic Games, 15 Marq. Sports L. Rev. 175 (2004). Video of the relevant floor routines, plus a time stamp for when they all attempt the infamous Gogean leap: Rebeca Andrade: 0:55; https://www.youtube.com/watch?v=xXKM8ThtYOE Simone Biles: 0:53; https://www.youtube.com/watch?v=f2m2UL5bljw Jordan Chiles: 1:29; https://www.youtube.com/watch?v=kU0769SvbWE Ana Bărbosu: 1:06; https://www.youtube.com/watch?v=ik01tvmwV9c Sabrina Maneca-Voinea: 1:49; https://www.youtube.com/watch?v=WuF-smKa4Vo Check out the OA Linktree for all the places to go and things to do!  

OA1233 - We are not conspiracy theorist type people. But... yeah man I don't know. But also, so much more in these files to talk about. If you know anything about the federal government's 2007 plea deal with Jeffrey Epstein you know that it was bad. But newly-released documents from the Epstein files show that it was actually much worse than that! Thanks to a newly-released legal memo, a draft indictment, and internal emails between prosecutors we now have a much better understanding of the disagreements within US Attorney for the District of Southern Florida Alex Acosta's office as they finalized the terms of a much-too-friendly agreement between the US government and a billionaire pedophile which a federal appeals court would later call “a national disgrace.” Matt has the receipts for this special emergency episode. You can also watch this episode on YouTube! Steve Bannon's Interview with Jeffrey Epstein (directly downloaded from the DOJ) Investigation into the U.S. Attorney's Office for the Southern District of Florida's Resolution of Its 2006–2008 Federal Criminal Investigation of Jeffrey Epstein and Its Interactions with Victims during the Investigation (Department of Justice Office of Professional Responsibility, 2020) Incident Report (Palm Beach Police Department, 2006)  Epstein indictment draft (United States Attorney's Office in the Southern District of Florida, 2007) Appendix in The People of the State of New York v. Jeffrey E. Epstein (2013) Opinion - Alex Acosta acted with professionalism and integrity in handling the Jeffrey Epstein case (Miami Herald, 2/16/2019)  Check out the OA Linktree for all the places to go and things to do!

E21 - CONTENT WARNING / TRIGGER WARNING: references to child sex abuse, child  sex abuse  materials, survivor accounts Watch this episode on YouTube! The Epstein Files have been released--or have they? Days after the Department of Justice's delayed and poorly-redacted release of millions of new documents connected with the world's most infamous sex trafficker, we sit down for a first look at what is (and isn't) in here. We begin with Deputy Attorney General Todd Blanche's attempt to fight for the right to party with Jeffrey Epstein before evaluating the DOJ's efforts to comply with its Congressional mandate to release the files more than a month after they were supposed to. We also look at a heartbreaking journal from an anonymous survivor to  try to understand before Matt pulls out some selections from keyword searches which implicate Elon Musk, mega-financier Leon Black, magician David Copperfield,  sitting Secretary of the Treasury Howard Lutnick, former Obama administration lawyer Kathy Ruemmler, and many more.  Also: what to make about the wilder allegations you may have heard involving Donald Trump, and what it means to “be in the Epstein files” at all. NEXT TIME: the most disgusting plea deal in American history somehow gets… worse?  Epstein Files Transparency Act, PL 119-38 (11/19/2025) Epstein Library search page, DOJ.gov (CW/TW) Anonymous survivor's  journal, removed from DOJ Epstein Library but backed up to Archive.org on 2/1/26 (CW/TW)

OA1232 - Hey OA-ers, this episode was a Gavel Gavel bonus, but we wanted to be sure everyone was updated on what's going on with the Luigi Mangione trials. New York public defender Liz Skeen is here to break it all down! And since the judge made some rulings on 1/30, I've got an update for ya! Check out the OA Linktree for all the places to go and things to do!

OA1231 - The DHS funding battle is important, but really can't accomplish what you might hope it can. When it comes to the Fed, ALL OF A SUDDEN the court cares about the real world effects of their decisions. And a figure skating related footnote!  

Part 2 of 2. OA 1230 - Seeing all the obstacles to holding government officials accountable, Congress created Section 1983, allowing citizens to sue for money damages for violations of their civil rights. We cover how that works, the one weird trick it uses to get around state sovereign immunity, and how that accidentally created the infamous qualified immunity doctrine that has made police seemingly unaccountable. We also discuss proposed reforms that might fix issues of qualified and sovereign immunity. 42 U.S.C § 1983 Pierson v Ray, 386 U.S. 547 (1967) Graham v Conner, 490 U.S. 386 (1989) Pearson v Callahan, 555 U.S. 223 (2009) Kisela v Hughes, 584 U.S. 100 (2018) Barnes v Felix, 605 U.S. 73 (2025) Barnes v Felix, 138 Harvard L. Rev. 291 (2025). Julia Yoo, The Problem with Policing in the United States, ADVOCATE (Feb. 2021). David J. Ignall, Making Sense of Qualified Immunity: Summary Judgment and Issues for the Trier of Fact, 30 Cal. W. L. Rev. 201 (1994). (NOTE: Good review for basics, but note the date!) Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) Egbert v Boule, 596 U.S. 482 (2022) S. 122 Qualified Immunity Act of 2025 119th Cong. (2025) S. 3186 Constitutional Accountability Act 119th Congr. (2025) H.R. 6091 Bivens Act of 2025 119th Congr. (2025) H.R. 4944 Ending Qualified Immunity for ICE Agents Act 119th Congr. (2025) Qualified Immunity Abolition Act of 2026 (no bill number assigned yet) Gelinas, S. (2026, January 18). Markey, Pressley renew push to end qualified immunity after ICE shooting death. Athol Daily News. Check out the OA Linktree for all the places to go and things to do!

Part 1 of 2. OA 1229 - What happens when a government worker does you wrong? How is it different to prosecute and sue them? When does qualified immunity come in to play? We discuss the steps involved in prosecuting and suing someone for a simple battery, and how that differs for a regular person versus a state actor. We cover how and when defenses can be raised, federal and state sovereign immunity, suing in official versus personal capacity, the difference between absolute and qualified immunities, and the ways this will apply differently to criminal prosecution versus civil litigation. Siegell v Herricks Union Free School District, 7 AD3d 607 [2d Dept 2004] (Elements of civil battery in NY) N.Y. Penal Law § 120 (NY criminal “battery”) Fla. Stat. § 776.032 (Florida self-defense as an affirmative defense and immunity) Ohio Rev. Code § 2901.05 (Ohio self-defense as a standard defense) N.Y. Penal Law § 35 (NY justification defenses) Roger Fairfax, The Grand Jury's Role in the Prosecution of Unjustified Police Killings - Challenges and Solutions, 52 Harvard Civil Rights-Civil Liberties Law Review 397 (2017). Michael Gentithes, Harvesting the Grand Jury's “Lay Expertise” in Officer-Involved Shootings, U. Ill. L. Rev. 989 (2025). In re Neagle, 135 U.S. 1 (1890) Gregory C. Sisk, A Primer on the Doctrine of Federal Sovereign Immunity, 439 Okla. L. Rev. 58 (2005). 28 U.S.C. § 2680(h) Miles McCann, State Sovereign Immunity, National Association of Attorneys General (Nov. 11, 2017) State Sovereign Immunity - Generally, Interstate Commission for Juveniles, https://www.juvenilecompact.org/bench-book/chapter-6-1 Ex Parte Young, 209 U.S. 123 (1908) Scheuer v. Rhodes, 416 U.S. 232 (1974) Moor v. County of Alameda, 411 U.S. 693 (1973) O'Shea v Littleton, 414 U.S. 488 (1974) Judicial Immunity at the (Second) Founding: A New Perspective on § 1983, 136 Harvard L. Rev. 1456 (2023). Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!

OA1228 - On this week's Rapid Response Friday: we take on all of your legal questions about this whole Greenland thing--including how a 1916 diplomatic treaty with Denmark also enabled some of Jeffrey Epstein's worst crimes. Also discussed: what it took to finally force Lindsay Halligan to stop telling everyone that she was the U.S. Attorney for the Eastern District of Virginia, and how a Minnesota judge designed her unique order to protect Minneapolis protesters and observers from ICE's lawless violence. Finally, in today's footnote: is it enough that McDonald's can promise that their most elusive sandwich is “100% pork”? We dig into a recent lawsuit over the McRib to see if there is any meat on the bone. The US-Denmark Defense of Greenland Agreement (1951) “How Congress Can Preserve NATO and Greenland: Using 22 USC 1928f to Protect the Peace,” Alberto J. Mora,  Just Security (1/16/2026) Judge Novak's order officially striking Lindsay Halligan's appearance from the record and requiring that she stop “masquerading” as the U.S. Attorney for the Eastern District of Virginia (1/20/2026) Tincher v. Noem docket Judge Menendez's preliminary injunction in Tincher v. Noem (1/16/2026) Complaint in Lynch et al v. McDonald's, Eastern District of Illinois (12/25/2025) Check out the OA Linktree for all the places to go and things to do!

E20 - Detention Watch Network executive director Silky Shah has been organizing against ICE on the ground to fight throughout the agency's entire 23-year existence. We are excited to welcome her and her unique perspective to Opening Arguments to discuss both the urgency and the hope of our current moment, the challenges faced by organizers and advocates, what lawyers can (and can't) do in the face of a lawless system, and imagining life after ICE. You can also watch this episode on YouTube! Unbuild Walls: Why Immigrant Justice Needs Abolition, Silky Shah (2024)  “Congress Has Made ICE the Largest Law Enforcement Agency In The Country,” Silky Shah, Truthout (1/20/2025) Detention Watch Network website Donate directly to support Detention Watch Network Check out the OA Linktree for all the places to go and things to do!

OA1227 - Come play the worst ever round of the Connections game and figure out what on earth Tuskegee Alabama, the CDC, Southern Denmark University, and the West African country of Guinea-Bissau all have in common, as RFK Jr. continues his campaign of “just asking questions” that we already have the answer to. Black men untreated in Tuskegee syphilis study. Heller, J. (July 25, 1972; republished May 10, 2017). Associated Press. The untreated syphilis study at Tuskegee timeline. Centers for Disease Control. (September 4, 2024). 45 CFR 46 Protection of Human Subjects. (Department of Health and Human Services regulations to implement the National Research Act and create Institutional Review Board policies). Hepatitis B. World Health Organization (July 23, 2025). Should the U.S. model its vaccine policy on Denmark's? Experts say we're nothing alike. Godoy, M. (December 26, 2025). NPR. RFK Jr. overhauls childhood vaccine schedule to resemble Denmark's in unprecedented move. Lovelace Jr., B., Edwards, E., Fattah, M., & Bendix, A. (January 5, 2026). NBC News. What is actually the emerging evidence about non-specific vaccine effects in randomized trials from the Bandim Health Project? Støvring, H., Ekstrøm, C.T., Schneider, J.W., & Strøm, C. (2025). Vaccine, 68, 1-4. Notice of award of a single source unsolicited grant to fund University of Southern Denmark (SDU). Department of Health and Human Services. (December 15, 2025). U.S. plan for $1.6m hepatitis B vaccine study in Africa called ‘highly unethical'. Schreiber, M. & Lay, K. (December 19, 2025). The Guardian. CDC awards $1.6 million for hepatitis B vaccine study by controversial Danish researchers. Szabo, L. (December 18, 2025). Center for Infectious Disease Research and Policy. CDC funds controversial hepatitis B vaccine trial in African newborns. Offord, C. (December 18, 2025). Science Insider. Research ethics and compliance support. Southern Denmark University. Further reading: Qiao, H. (2018). A brief introduction to institutional review boards in the United States. Pediatric Investigation, 2, 46-51. U.S. Department of Health and Human Services. International compilation of human research standards. https://www.hhs.gov/ohrp/international/compilation-human-research-standards/index.html University of North Carolina. Nuremberg Code. https://research.unc.edu/human-research-ethics/resources/ccm3_019064/ Torrance, R.J., Mormina, M., Sayeed, S., Kessel, A., Yoon, C.H., & Cislaghi, B. (2024). Is the U.N. receiving ethical approval for its research with human participants? Journal of Medical Ethics, 51, 1-4. Barchi, F. & Little, M.T. (2016). National ethics guidance in Sub-Saharan Africa on the collection and use of human biological specimens: A systematic review. BMC Medical Ethics, 17, 1-25. Salhia, B. & Olaiya, V. (2020). Historical perspectives on ethical and regulatory aspects of human participants research: Implications for oncology clinical trials in Africa. JCO Global Oncology, 6, 959-965. Check out the OA Linktree for all the places to go and things to do!

OA1226 - We begin with a review of the unprecedented lawsuit that Minnesota has filed against ICE with the extreme leftist radical demand that they obey the law and U.S. Constitution. How much power do states have to limit federal operations, and what are the chances a court order might put some guardrails on the largest enforcement operation in ICE history? We then consider the legal and political merits of articles of impeachment filed against Secretary of Defense Pete Hegseth, Secretary of Health and Human Services Robert F. Kennedy, Jr., and Secretary of Homeland Security Kristi Noem. Finally: we honor the passing of civil rights hero Claudette Colvin, whose bravery as a 15-year-old on a Montgomery, Alabama bus nine months before Rosa Parks refused to give up her seat put the final nail into the “separate but equal” justification for racial segregation established by the Supreme Court in Plessy v. Ferguson. State of Minnesota v. Noem, complaint filed 1/12/2026 “House Resolution 935: Impeaching Pete Hegseth, Secretary of Defense for the United States for high crimes and misdemeanors,” Rep. Shri Thaneder (12/9/2025) “House Resolution 944: Impeaching Robert F. Kennedy Jr., Secretary of Health and Human Services  for high crimes and misdemeanors,” Rep. Haley Stevens (12/10/2025) “House Resolution ___: Impeaching Kristi Lynn Arnold Noem, Secretary of Homeland Security, for high crimes and misdemeanors,” Rep. Robin Kelly (1/13/2026) “Firm Tied to Kristin Noem Secretly Got Money from $220 Million DHS Ad Contracts,” ProPublica (11/14/2025) “Impeachment: The Constitution's Fiduciary Meaning of ‘High Crimes and Misdemeanors,'” Robert G. Natelson, The Federalist Society (6/19/2018) “Claudette Colvin, who refused to move seats on a bus at start of civil rights movement, dies” (NPR, 1/13/2026)  Browder v. Gayle, 142 F.Supp. 707 (1956)(aff'd per curiam by U.S. Supreme Court 12/20/1956) Check out the OA Linktree for all the places to go and things to do!

E19 - In the wake of Renee Nicole Good's murder, we've seen a terrible number of bad takes: from the events of that day, the overall purpose of I.C.E., and what the law says about where we go from here. Matt, Thomas, and Lydia come together to start with perhaps the biggest douchebag in the United States as part of our amuse douche (TM), followed by a pair of articles touching on why the Left was wrong about ICE in 2018 and is apparently at fault to this day for all horrors committed by ICE (eyeroll). Finally, we finish it up with questions from our amazing patrons! Watch this episode on YouTube! "Abolishing ICE is a very bad idea" (Nate Bruggeman & Ben Rohrbaugh, The Philadelphia Inquirer), 3/23/2018 "The Problem Isn't ICE. It's ICE Watch." (Dan McLaughlin, National Review), 1/10/2026 Check out the OA Linktree for all the places to go and things to do!

OA1225 - Jenessa is here to dig deeper into Van Buren v. United States as we explore the implications and meaning when legislative deliverables, legal analysis, work industry, and general common sense push and pull in different directions. We had a lot of questions and comments on the original Van Buren episode from the community, so we thought it would be fun to spend some more time and battle it out! Reviving Lenity - Daniel Harawa, SCOTUSBlog (Dec 26, 2025) US v Rodriguez, 628 F.3d 1258 (11th Cir. 2010) US v Nosal, 676 F.3d 754 (9th Cir. 2012) US v Nosal, 844 F.3d 1024 (9th Cir. 2016) Further reading: W. Cagney McCormick, The Computer Fraud & Abuse Act: Failing to Evolve with the Digital Age, 16 SMU SCI. & TECH. L. REV. 481 (2013). Check out the OA Linktree for all the places to go and things to do!

OA1224 - In this episode recorded only hours after an ICE officer killed U.S. citizen Renee Nicole Good in Minneapolis with extreme impunity, we contrast mirror-universe opposite views of immunity and impunity: the Trump administration's response to this tragedy as opposed to everything that they have done to rewrite the history of January 6, 2021 for this week's fifth anniversary of the insurrection. And in today's footnote: will Lindsay Halligan be the first lawyer in US history to have a bar complaint filed against her for lying to a federal court about being a US Attorney? “How Many People Have Been Shot in ICE Raids?” The Trace, 12/8/2025 Department of Justice's new J6 website “At least 33 pardoned insurrectionists face other criminal charges—but many are now going free,” Citizens for Responsibility and Ethics in Washington (12/18/2025)  Order re:  Lindsay Halligan in USA v. Jefferson, EDVA Judge David J. Novak (1/6/2026) Check out the OA Linktree for all the places to go and things to do!

OA1222 and OA1223 - Actual sane coverage of Trump's kidnapping of a foreign leader OA NYC correspondent Liz Skeen joins Thomas and Matt for this emergency episode recorded the day after the US bombed Caracas in a truly unprecedented military operation to kidnap Venezuelan president Nicolas Maduro and his wife and transport them to Brooklyn to stand trial on federal narco-terrorism charges. We field dozens of patron questions as we try to understand how any of this could possibly be legal. How does this situation compare to the charges against former Panamanian dictator Manuel Noriega and former Honduran president Juan Orlando Hernandez, and how is Trump's record on narcotrafficking these days anyway? What is in this indictment, and what kinds of defenses might Maduro have? Is the federal government going to let this defendant pay his lawyer? Should a federal court be able to consider that this defendant was illegally abducted from his country by the US military while acting as the head of state of a sovereign nation?  What kinds of consequences could there be for Venezuelans in the U.S.?  And what can we--and the world--do to stop Trump from doing anything like this again?  2020 SDNY indictment of Nicolas Maduro et al 2026 superseding indictment  United States v. Alvarez-Machain, 504 U.S. 655 (1992) “Authority of the Federal Bureau of Investigation To Override International Law In Extraterritorial Law Enforcement Activities,” Assistant Attorney General William P. Barr, Office of Legal Counsel (June 21, 1989) Check out the OA Linktree for all the places to go and things to do!

OA1222 - Actual sane coverage of Trump's kidnapping of a foreign leader PART 1 OA NYC correspondent Liz Skeen joins Thomas and Matt for this emergency episode recorded the day after the US bombed Caracas in a truly unprecedented military operation to kidnap Venezuelan president Nicolas Maduro and his wife and transport them to Brooklyn to stand trial on federal narco-terrorism charges. We field dozens of patron questions as we try to understand how any of this could possibly be legal. How does this situation compare to the charges against former Panamanian dictator Manuel Noriega and former Honduran president Juan Orlando Hernandez, and how is Trump's record on narcotrafficking these days anyway? What is in this indictment, and what kinds of defenses might Maduro have? Is the federal government going to let this defendant pay his lawyer? Should a federal court be able to consider that this defendant was illegally abducted from his country by the US military while acting as the head of state of a sovereign nation?  What kinds of consequences could there be for Venezuelans in the U.S.?  And what can we--and the world--do to stop Trump from doing anything like this again?  2020 SDNY indictment of Nicolas Maduro et al 2026 superseding indictment  United States v. Alvarez-Machain, 504 U.S. 655 (1992) “Authority of the Federal Bureau of Investigation To Override International Law In Extraterritorial Law Enforcement Activities,” Assistant Attorney General William P. Barr, Office of Legal Counsel (June 21, 1989) Check out the OA Linktree for all the places to go and things to do!

Since it's been a while since we last did a GG crossover, I wanted to share the new trial we are doing over there! It's a new Gavel Gavel trial! We are excited to announce that we will be producing a totally new full trial re-enactment working from our EXCLUSIVE access to the transcript of the federal prosecution of Sean Dunn, better known to the world as the “Sandwich Guy” after being federally charged for assaulting a CBP officer with a fully-loaded 12-inch Subway sandwich on the streets of DC. But before we get to the meat of 2025's Trial of the Century, legal sandwich artist Matt Cameron is here to slice up everything you need to know. From Dunn's notably underreported motive to the significance of the date and location of the alleged assault to a shot-by-shot analysis of the only known video of the incident, we've got this one wrapped. U.S. v. Dunn docket Sean Dunn's GoFundMe Video of Sean Dunn throwing a Subway sandwich at a uniformed CBP agent near 14th and U in Washington DC on August 10, 2025 U.S. v. Dunn complaint (filed 8/13/25) Sensationalized video of Dunn's arrest in his house by a swarm of federal agents posted on the official White House X account (8/14/25)

Here's a preview of Law'd Awful Movies!!! If you'd like the full thing, become a $2+ patron at patreon.com/law! LAM 1010 - After taking a break with a couple of things we actually enjoyed (Juror #2 and My Cousin Vinny), Law'd Awful Movies returns to form with the first two episodes of USA's uniquely terrible adaptation of John Grisham's classic 1995 legal thriller The Rainmaker. Thomas, Lydia, and Matt review the show's bizarre and often cowardly divergences from the source material, its AI-level of understanding of how humans operate in the world and talk to one another--and, of course, the many ways that The Rainmaker gets the most basic elements of law (and lawyering) wrong. 

OA1220 - What's an FBI agent to do when a notorious low life reports a local cop is asking for a bribe? Turn him into a confidential information of course, and see how far you can get that dirty cop to go. A tale of two assholes, steadily making each others' lives worse and worse, while one is wearing a wire. Now, why does the Supreme Court care about any of this? Half the conviction hinges on whether this cop “exceeded authorized access” under the Computer Fraud and Abuse Act (CFAA), and no one can agree what that means… including your cohosts. Hear Thomas try to figure out why Amy Coney Barrett is so obsessed with the definition of the word “so”, and Jenessa… defend Clarence Thomas?! This case is a hot mess, but the good news is everyone sucks here and no one wins. The relevant language: “The Act subjects to criminal liability anyone who “intentionally accesses a computer without authorization or exceeds authorized access,” and thereby obtains computer information. 18 U. S. C. §1030(a)(2). It defines the term “exceeds authorized access” to mean “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled so to obtain or alter.” §1030(e)(6).” Barrett's ruling: “In sum, an individual “exceeds authorized access” when he accesses a computer with authorization but then obtains information located in particular areas of the computer—such as files, folders, or databases—that are off limits to him.” Van Buren v. United States, 593 U.S. 374 (2021) United States v. Van Buren, 940 F.3d 1192 (11th Cir. 2019) Full text of the CFAA: 18 U.S.C. § 1030 Check out the OA Linktree for all the places to go and things to do!

OA1219 - This year we are celebrating Boxing Day by not doing whatever people are supposed to do on Boxing Day and talking about weed instead. Did Donald Trump really just finish out 2025 by doing something good for US drug policy? We hotbox some Time Machine to revisit Matt's analysis from last May of Joe “Grandaddy Purple” Biden's announcement that he was initiating the long process to have the federal government to reclassify OG Kush from its current legal status as Green Crack down to the same category as metabolic steroids. We then return to the present to check in on the weirdly unreported story on how Biden's efforts went from Blue Dream to Trainwreck in the year after his big announcement before evaluating Trump's chances of turning cannabis policy Panama Red.  Finally, in a seasonal footnote Matt shares the story of how the city of Boston fired the first shots on the War on Christmas… in 1659. Biden DOJ's analysis of legal questions around plans to redesignate cannabis to Schedule III “Increasing Medical Marijuana and Cannabidiol Research,” The White House (12/18/25) “The Penalty For Keeping Christmas,” Archive.org (Boston, 1659)

E18 - Congress required the Department of Justice to release (nearly) everything it had from the investigations into Jeffrey Epstein and Ghislaine Maxwell by December 19th, so of course they pretended to do that on time on Friday afternoon and then waited until everyone was just about to start heading home for the holidays before actually dumping 30,000 pages of anything resembling actual substance into the record on Tuesday morning. We review and discuss new revelations on how much more time Trump spent on Epstein's plane than we ever knew, the 30-year-old FBI report that could have changed everything, the astonishing correspondence between the prosecution and the Epstein defense team throughout his 2008 plea negotiations, and so much more. You can also watch this episode on YouTube! The Epstein Files Transparency Act  Epstein Files database (Camaron Stephenson) DOJ Office of Professional Responsibility report on Epstein plea negotiations (NOV. 2020) Maria Farmer's 1996 report to the FBI Opinion and Order from Judge Kenneth Marra in Jane Doe cases summarizing DOJ's failure to advise Epstein survivors of the 2008 Non-Prosecution Agreement and plea Check out the OA Linktree for all the places to go and things to do!

OA1218 - What happens to your first amendment rights when you work for the government? Do you give it all up when you walk in the door? How do we balance the individual right of the worker to speak, against the government's need to have a functioning work place? Pickering v Board of Education (1968) sets us up to understand how this all works… and why a teacher criticizing Charlie Kirk on their personal Facebook page probably isn't a fireable offense. Patrons got exclusive content at the end of this one, only available at patreon.com/law! Can you apply these principles to eight cases that followed Pickering? Quiz yourself alongside Thomas! Pickering v Board of Education, 391 U.S. 563 (1968) A summary of the history of criminal defamation law, Robinson, E.P. (2024, July 5). Criminal libel. Free Speech Center at Middle Tennessee State University. Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!

OA1217 - Well, we recorded a bit late to make sure we caught Trump's "announcement" thingy and it was... nothing. But that's good! Matt also takes us through more travel bans that are going into effect and have been way underreported on. But The Federalist has a piece saying not only is this all great, but Trump should proudly adopt 1920s immigration policy. There is no quiet part anymore. But fortunately, Matt has a fun footnote for us to bring us back up!

We begin with a delightful amuse douche from the lawyer of Colorado election tamperer Tina Peters unconditionally demanding her release from state prison because Donald Trump said so before a deep dive into our main story: an absurdly bad take from the New York Times--in both a lengthy print story and an episode of The Daily podcast--on how Joe Biden's unwillingness to be a border fascist got a border fascist elected. Matt breaks down the real causes of the uptick in asylum seekers to the U.S. during Biden's term in office (and its many unreported benefits to the economy and the nation) and provides the full context for the domestic and international law which the Times is openly arguing that Biden should have broken.  You can also catch this episode on YouTube! “How Biden Ignored Warnings and Lost Americans' Faith on Immigration,” The New York Times, Christopher Flavelle (12/7/2025) “Biden Didn't Cause the Border Crisis” (Part 1 of 4), David Bier, Cato Institute (1/16/2025) “Effects of the Immigration Surge on the Federal Budget and the Economy,” Congressional Budget Office (July 2024) “Job Openings: Total Nonfarm,” U.S. Bureau of Labor Statistics (Oct. 2025) Check out the OA Linktree for all the places to go and things to do!

OA1216 - We welcome incarcerated journalist and advocate Christopher Blackwell, calling from his home at the Washington Corrections Center. Chris is the co-founder and Executive Director of Look2Justice, a non-profit which empowers and advocates currently and formerly incarcerated people through an “inside-out” organizing model. He is also a writer whose work has appeared in (among other places) The New York Times, the Washington Post, The Boston Globe, and The Nation, and is a co-author of the new book Ending Isolation: The Case Against Solitary Confinement. Chris joins to share his story and his own deeply personal perspective on the inhumanity of solitary confinement. Look2Justice's website Ending Isolation: The Case Against Solitary Confinement, Christopher William Blackwell (Author), Deborah Zalesne (Author), Kwaneta Harris (Contributor), Terry Kupers (Contributor) (September 2025) Christopher Blackwell's published work in the New York Times Check out the OA Linktree for all the places to go and things to do!  

OA1215 - We examine why the potential merger of Warner Brothers Discovery with either Netflix or Paramount would almost be certainly illegal under better circumstances before mourning the imminent loss of the independence of the one government agency which is supposed to stop this kind of thing. What exactly is the Federal Trade Commission, and why was destroying it a top priority for Project 2025? We then take a closer look at this week's oral arguments in Trump v. Slaughter, in which the Supreme Court's MAGA majority is poised to turn the FTC and dozens of other independent agencies into tools for Trump's corruption and graft. Finally, in today's footnote: why is an actual government website hawking the Trump Gold Card, and can the President really just make up a completely new way to give anyone with one million dollars a new path to US citizenship? Trump v. Slaughter oral arguments (12/8/2025) Humphrey's Executor v. US, 295 US 602 (1935) Federal Trade Commission Act (1914) Rebecca Slaughter's SCOTUS brief Trumpcard.gov Check out the OA Linktree for all the places to go and things to do!

VR16 - This week on Vapid Response: it's the Hat and the Hammer, with the return of both New York Times token religious conservative columnist Ross Doot-hat and Newsweek editor-at-large Josh Hammer. We begin with a savory amuse douche in which a Christian influencer preaches against making policy based on “toxic empathy” before reading  Josh Hammer taking her up on the joke by explaining why the U.S. military has the absolute right to kill anyone Josh Hammer wants dead. Finally, Ross Douthat stops in from whatever planet he has been living on with some advice for the Trump administration on how to be better Christians.

OA1214 - As the end of 2025 approaches, we are finding real cause for hope in how federal courts have been handling the Trump administration's unprecedented assault on the rule of law. In the first of what will be at least two parts, Matt and Thomas speedrun through just a few of the many wins--both big and small--that we have seen in a wide range of categories. Just Security's Litigation Tracker  Farewell Messages by Recent DOJ Alumni “The Unraveling of the Justice Department,” Emily Bazelon, The New York Times (11/16/25) Docket for J.G.G. v. Trump (Alien Enemies Act and related contempt litigation) Judge William Young's decision in AAUP v. Rubio (9/30/25) Injunction blocking Trump asylum EO in RAICES v. Noem (7/2/25)  Injunction blocking ICE from enforcement in certain churches in Philadelphia Yearly Meeting v. Noem (2/24/25) Injunction in Center for Taxpayer Rights v. IRSblocking IRS from sharing taxpayer information with ICE (11/21/25) Injunction in Rhode Island v. Trump blocking EO which would have dismantled the Institute for Museums and Libraries and several other federal agencies (11/21/25) Check out the OA Linktree for all the places to go and things to do!  

OA1213 - Thomas is back for an action-packed Rapid Response Friday! This week: we compare the letter that just earned the former President of Honduras a pardon of his conviction for definitely being involved with narcotrafficking against the Trump administration's excuses for murder on the high seas of Venezuelans suspected to be involved with narcotrafficking--and if House Speaker Mike Johnson actually has a point in blaming Barack Obama for all of this. Matt then takes a quick look at Steve Bannon's petition for review of his conviction for contempt of Congress by the Supreme Court and explains how “safe third country” agreements now give ICE the power to deport asylum seekers to Central America without a hearing on their claims. Finally in today's footnote, Matt shares an incredible story from his week: an astonishing beyond-Kafkaesque legal argument the government has ordered his client to respond to that you will have to hear to believe. “Double-Tap Warfare: Should President Obama be Investigated for War Crimes?” Florida Law Review (Jan. 2017) Steve Bannon's cert petition to the U.S. Supreme Court in Bannon v. US (10/15/2025) U.S. v. Helen Bryan, 339 U.S. 323 (1950) Matter of C-I-G-M & L-V-S-G-, 29 I&N Dec. 291, (BIA 10/31/2025) Asylum Cooperative Agreement with Honduras, Federal Register (7/8/2025) ACA with Guatemala, Federal Register (7/15/2025) “The Night Raids,” Lynzy Billing, ProPublica (12/15/2022) Juan Orlando Hernandez letter to Trump seeking pardon, New York Times (12/2/2025) Check out the OA Linktree for all the places to go and things to do!

Today on Vapid Response Wednesday: weeks after designating “Antifa” a “domestic terror organization,” the White House hosted a panel of MAGA luminaries to update the President on the not-at-all-made-up threat to the nation posed by a thing which demonstrably does not exist. We begin with a short amuse douche, in which Tennessee Senator Marsha Blackburn is concerned about the extremely real Portland “Antifa hit list”--a thing which definitely exists exactly as described! Matt then explains why the war on “Antifa” is a threat to all of our civil liberties before we take a seat at the Antifa Round Table. The White House “antifa round table”, Youtube (10/7/25) The alleged Portland “antifa hit list” White House claims "more than 1,000%" rise in assaults on ICE agents, data says otherwise, NPR (10/10/25) Attacks on ICE up 1,000%? Trump administration claim not backed up by court records, Los Angeles Times (12/1/25) “Countering Domestic Terrorism and Organized Political Violence,” NPSM-7 (9/25/25) “Designating Antifa as a Domestic Terror Organization,” The White House (9/22/25) “Extremist File: Jack Posobiec,” Southern Poverty Law Center

OA1212 - What's a cop to do when he stumbles onto a crime, and the evidence points to someone he knows all too well? In today's deep dive, friends become suspects, concerned parents become FBI agents, and laptops become lost jungle detritus. This criminal case out of the US District Court of the Northern Mariana Islands (a US territory in the Pacific) may not have reached the Supreme Court, or have any particularly important precedent, but what it lacks in prestige it makes up for with a fact pattern seemingly written by a law professor specifically to test your knowledge of criminal procedure and evidence. Come for the caper, stay for the OA midterm! U.S. v. Weindl, (D.N. Mar. Is. 2012) Check out the OA Linktree for all the places to go and things to do!  

OA1211 - For this special Thanksgiving episode, we take a break from the news for Matt to share his gratitude in short interviews with just a few of the staff, attorneys, and partners who make his Boston immigration law firm's work possible. Stop in to meet everyone from George the office emotional support dog to Matt's long-time friend and law partner Nicole as we discuss the daily work of deportation defense in 2025 and how everyone is looking out for their mental health throughout this unprecedented crisis. Finally in today's footnote: Matt's former student and current research assistant Olivia joins to discuss the serendipitously-timed email which brought her to OA and what it takes to prepare to have an unscripted but informative conversation about complex topics.  Thanks again to everyone listening, and most especially those who have joined the community and support the show at patreon.com/law! Check out the OA Linktree for all the places to go and things to do!

OA1210 - This week we welcome journalist and author John J. Lennon, who is calling in from New York's Sing Sing Correctional Facility where he is serving 25 years to life for murder. Lennon's extraordinary new book The Tragedy of True Crime: Four Guilty Men and the Stories that Define Us tells his own story alongside that of three other men whose crimes were sensationalized by the media--including Manhattan “Preppy Killer” Robert Chambers--after they were convicted for murders which they unquestionably committed. It challenges us to consider what life is like for the subjects of these documentaries and re-enactments after the credits have rolled, and to ask what our national obsession with true crime is costing them--and all of us. The Tragedy of True Crime: Four Guilty Men and the Stories that Define Us, John J. Lennon (2025) The New York Times review of The Tragedy of True Crime, Pamela Colloff (9/23/25) “A Convicted Murderer's Case for Gun Control,” John J. Lennon, The Atlantic (8/21/2013) “The True Crime Stories You See on TV Are Leaving Out Something Big,” John J. Lennon, Slate (10/13/2025) “When Your Crime Becomes a Dick Wolf Show,” John J. Lennon, Rolling Stone (7/19/2025)

OA1209 - Are you done with legal doomerism? Us too. Take some time away from doomscrolling and join Matt and Jenessa for Rapid Response Friday as we consider four stories of legal corruption and authoritarianism failing in the face of honest federal judges, and a footnote about how one brave prison nurse exposed even more corruption in Epstein accomplice Ghislaine Maxwell's special treatment by the Trump administration. Complaint in United States v. State of New York, Northern Dist. of NY (7/9/25) New York's motion to dismiss in U.S. v. New York (8/4/25)  Judge Mae D'Agostino's order granting plaintiff's motion to dismiss in U.S. v. NY (11/17/25)  Indictment of James Comey, Eastern Dist. of VA (9/25/25) Judge William Fitzpatrick's order granting disclosure of grand jury materials in U.S. v. Comey (EDVA)(11/20/25) Judge Jeffrey Brown's order in LULAC v. Abbot, Western Dist. of TX (11/18/25) Decision on the Kingdom of Saudi Arabia's motion to dismiss in 9/11 litigation, Southern Dist. of NY (8/28/25) Check out the OA Linktree for all the places to go and things to do!

VR14 - Part 2 of the Epstein files We continue our first look at some highlights from last week's massive release of more than 20,000 pages of material from the estate of Jeffrey Epstein released by the House Oversight Committee, including Steve Bannon and ASU professor Lawrence Krauss among others. We  also consider Megyn Kelly's appalling response before leaving the last word where it belongs: with the women who have come forward to tell their stories on behalf of themselves and those who will never be able to. Epstein survivors press conference held outside the US Capitol (9/3/25) Check out the OA Linktree for all the places to go and things to do!

OA1208 - We go beyond the Trump-related content in the latest round of Epstein disclosures by the House Oversight Committee to explore what we can learn from the many people in Jeffrey Epstein's orbit who flattered, patronized, and enabled him. Part 1 of 2. Searchable database of Epstein records released by Courier  Falling Upward: The Surprising Survival of Larry Summers, Robert Kuttner, The American Prospect (7/13/2020) Investigation at Yale Law School, Dahlia Lithwick & Susan Matthews, Slate (10/5/2018) Report on Sexual Harassment at Yale, Yale Law Women Board (10/2020) Watch this episode on YouTube here: https://youtu.be/2NX71EJ8nJc Check out the OA Linktree for all the places to go and things to do!

OA1207 - We record a late-breaking reaction to the recent massive round of documents released from Jeffrey Epstein's estate and discuss how Trump may have just reached his most impeachable moment so far. Matt then shares some incredible news about how the end of Chevron deference has allowed federal judges to frustrate the administration's detention and deportation policies, and Jenessa gets into a lawsuit which challenges RFK Jr's replacement of the CDC's vaccine advisory board with people who don't advise vaccines. Finally, a footgoat [sic] on how one woman's quest to keep an unusual pet in Wyoming is running cover for some of the worst people on Earth.  Google Drive link to House Oversight Committee's release of documents from the Epstein estate (11/12/25) Massachusetts federal court's class certification in Guerrero Orellana Matter of Yajure-Hurtado 26 I&N Dec. 2016 (BIA 9/5/25) Complaint in Bontadelli v. City of Powell (D.WY 11/4/25) Check out the OA Linktree for all the places to go and things to do!

Kat Abughazaleh spent years reporting on right-wing media and movements, and she is now running to represent Illinois's 9th District in Congress on an explicitly anti-authoritarian platform. Kat joins to talk about her uniquely candid platform and community-based campaign, the state of the Democratic Party, how ICE is terrorizing Chicago during the most intensive urban immigration enforcement operation in US history, and much more. Kat Abughazalah's campaign page Kat Abughazaleh's author page at Media Matters for America

In our continuing Still Good Law series, Jenessa explains how a dispute arising from a parking garage in Wilmington, Delaware became the foundation for one of the most important concepts in civil rights: determining that a private or quasi-public individual or entity is operating “under color of law.” How does this concept help to hold law enforcement and other governmental agencies accountable, and how is it holding up in 2025? Burton v. Wilmington Parking Authority, 365 U.S. 715 (1961) Monroe v. Pape, 365 US 167 (1961) 42 USC 1983

OA1205 - It's another good news Friday! Voting rights expert Jenessa runs down some of the highlights of the off-year blue sweep in this week's elections, as well as some recent unsung national victories for voting and disability rights. Matt then checks in on the Supreme Court's oral arguments from the challenge to Trump's unprecedented tariffs and why it is looking like he might actually lose his administration's first attempt to defend one of his second administration's policies on the merits.  Finally, in today's footnote: Why a federal judge recently decided that a lawsuit brought by the man whose penis was once featured on the cover of the most important albums of 1990s smelled like summary judgment.  Supreme Court oral arguments in Learning Resources, Inc  v. Trump (11/5/2025) The International Emergency Economic Powers Act (IEEPA) of 1977 “Regulating Imports with a Reciprocal Tariff to Rectify Trade Pratcies that Contribute to Large and Persistent Annual United States Goods Trade Deficits,” The White House (4/2/2025)(executive order on tariffs) Solicitor General John Sauer's brief in Learning Resources  Plaintiff's second amended complaint in Elden v. Nirvana LLC et al D.C. federal judge Coleen Kollar-Kotelly's opinion in combined litigation challenging Trump's executive order on citizenship requirements for voting (10/31/25) DC federal judge Amir Ali's order in National Association of the Deaf v. Trump  (11/4/25) Order granting defendants' motion for summary judgment in Elden v. Nirvana, LLC (9/30/2025)

VR12 - Yes, we absolutely thought this was coming out pre-Halloween. Halloween may be over, but NEVERTHELESS THE SPOOKTACULAR PERSISTED! In this Vapid Response double feature, Thomas, Matt, and Lydia are haunted by two ghoulish takes from the past:  FEATURE FROM THE BLACK LAGOON: Politico's insanely longform access journalism piece from August 2024 on how Project 2025 was so totally over, just never happening, nothing to see here EROSSERHEAD: New York Times resident traditional conservative Ross Douthat's 2015 analysis of why Donald Trump is definitely not a fascist We then screen a short horror film recently shot at 1600 Pennsylvania Avenue. “The Inside Story of How Project 2025 Fell Apart,” Ian Ward, POLITICO (8/2/2024) Project 2025 Tracker - Home “Opinion | Is Donald Trump a Fascist?,” Ross Douthat,  The New York Times  (12/3/2015)

OA1204 - As House Speaker Mike Johnson continues to pretend that he doesn't have to seat Democrat Adelita Grijalva well over a month after she was elected to represent Arizona's 7th Congressional district, we take a closer look at the last time that Congress refused to swear someone in and what the Warren Court had to say about it. Who was Harlem Congressman Adam Clayton Powell, why was the House so intent on excluding him in 1966, and how precedential might Powell v. McCormack  be for the lawsuit which Arizona has filed on Grijalva's behalf? Powell v. McCormack, 395 U.S. 486 (1969) Adam by Adam; the autobiography of Adam Clayton Powell, Jr ,  Adam Clayton, Powell Jr. (1972) (Internet Archive) 2 USC Sec 25 Complaint in Arizona v. House of Representatives (filed 10/21/25) Check out the OA Linktree for all the places to go and things to do!