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Every episode, legal expert Andrew and comic relief Thomas will tackle a popular legal topic and give you all the tools you need to understand the issue and win every argument you have on Facebook, with your Uncle Frank, or wherever someone is wrong on the Internet. It's law. It's politics. It's f…

Thomas Smith and Andrew Torrez


    • Jul 5, 2022 LATEST EPISODE
    • weekdays NEW EPISODES
    • 1h 12m AVG DURATION
    • 629 EPISODES

    Listeners of Opening Arguments that love the show mention: thomas and andrew, opening arguments, atheistically speaking, oa, bar exam, thomas smith, andrew torrez, legal news, law and politics, thomas is a great, stormy daniels, best legal podcast, legal topics, thomas', advice from a podcast, take legal advice, complex legal issues, legal and political, thomas takes, non lawyers.



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    Latest episodes from Opening Arguments

    OA610: Elon's Twitter Deal Was a Complete Blunder. It's Not Happening.

    Play Episode Listen Later Jul 5, 2022 66:08

    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 get out of it because of the "bots," and on the other side, that he may be forced to buy Twitter by a judge. Are either of these possible or even likely? Find out! In the first segment, we talk about our amazingly successful fundraiser ($160,000+ raised!) and what's going on in Texas right now. hint: it's not good. Links: Interactive Map: US Abortion Policies and Access After Roe, 1925 Texas abortion law, ACLU TRO, Ken Paxton Writ of Mandamus, TX supreme court says no, Twitter agreement 4/22, Twitter 10-Q 3/31/22, Musk SEC letter, IN RE IBP INC. v. TYSON FOODS INC

    OA609: Surprise Jan. 6 Hearing – Bombshells Within Smocking Guns Within More Bombshells

    Play Episode Listen Later Jun 30, 2022 69:10

    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 to give you a little more heads up that you need to... Join us Friday for the Aiding and Abetting Abortion fundraiser, presented by our friends, Cognitive Dissonance! The event starts at 5pm Pacific/8pm Eastern, but our time slot is 6:30! Here's the link to sit there and wait for it to start streaming! To donate, head to OAfund.org! And after all that, we still have an amazing breakdown of the hearing, and lordy there are tapes!

    OA608: Forget Church-State Separation, SCOTUS Mandates Christian Favoritism

    Play Episode Listen Later Jun 28, 2022 72:36

    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 the entire internet is wrong about Biden "banning Juuls and cigarettes."

    OA607: Will There Be Justice for Shaye Moss and Ruby Freeman? and Bye Bye Miranda Rights!

    Play Episode Listen Later Jun 24, 2022 68:54

    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 of the legal fabric of our society. Say goodbye to any meaningful sense in which you have the right to remain silent! The Supreme Court has gutted Miranda rights, because why the f not, apparently. Oh but they make up for it by eroding states' ability to restrict open carry of guns. So that's cool. Links: environmental lawyer quote, Freeman and Moss v Giuliani, Giuliani idiot motion to dismiss, Maryland Code, Public Safety § 5-306, Vega v. Tekoh, 42 US Code § 1983 - Civil action for deprivation of rights

    OA606: How Egbert v. Boule Portends Shocking US Fascism – with Matt Cameron

    Play Episode Listen Later Jun 21, 2022 68:41

    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. Attorney Matt Cameron is here to tell us no, actually. It was underblown, if anything. Not blown enough. Listen for the full breakdown, including classic Bivens. Before that, Andrew does a quick refresher on pocket pardons and why they... are not a thing.

    OA605: GEICO to Pay $5.2m for Car Sex?! and MORE Jan 6 Bombshells!

    Play Episode Listen Later Jun 17, 2022 77:06

    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 but hopefully it will provide more understanding! THEN, you've likely seen the headlines: GEICO has to pay $5.2m for car sex? Really? Well, we might have another McDonald's coffee lawsuit on our hands! Get the break down! Links: Geico ordered to pay $5.2 million for STD in a car, RMCo 537.065, GEICO opinion

    OA604: The Jan 6 Hearings

    Play Episode Listen Later Jun 12, 2022 67:05

    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!

    OA603: California Court Rules That... Bees are Fish?

    Play Episode Listen Later Jun 10, 2022 65:58

    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! Links: Reagan cuts eat into school lunches - CSMonitor.com, 46 CFR 44452, California Endangered Species Act, § 2070, State and Federally Listed Endangered and Threatened Animals of California, Forestry Ass'n v. Fish & Game Commission

    OA602: New Eastman Docs Set Stage for Jan 6 Hearings

    Play Episode Listen Later Jun 7, 2022 82:13

    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 is this Thursday! Listen and be primed for what's coming.

    OA601: SCOTUS Ruling Guarantees More Innocent Will Be Put to Death

    Play Episode Listen Later Jun 3, 2022 69:57

    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 before you decided to be poor. Shinn v. Ramirez Also, check out Thomas's new podcast Dear Old Dads, with Eli Bosnick and Tom Curry!

    OA600: Why Police Don't Have To Do Their Jobs

    Play Episode Listen Later May 31, 2022 70:06

    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 the case in question. THEN! A special episode 600 celebration!!! We asked our patrons what terms/phrases/references/inside jokes they wanted us to explain, and we've got a fun list of 20! It's a fun stroll down memory lane as we talk the oranges of motions in lemonade, clownhorning, Konrad Michaels, and more! Links: Castle Rock v. Gonzales, 545 U.S. 748 (2005)

    OA599: Our Massive Gun Problem – What Can We Do?

    Play Episode Listen Later May 27, 2022 63:50

    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 that. Part 2 will be about the police response. In the first segment, we give an update on Elon Musk. There was a filing that went virtually unnoticed but sheds more light on the Twitter situation. Links: Musk SEC filing, letter to himself, 15 US Code § 7902, Definition: qualified civil liability action from 15 USC § 7903, Database Amasses Details of a Half Century of US Mass Shootings

    OA598: No, Tribal Sovereignty Will Not Save Abortion Access

    Play Episode Listen Later May 24, 2022 58:09

    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. Oklahoma, and why none of that equals an instant abortion rights fix. After that, a wildcard question – now that Roe is being overturned, does that mean justices committed perjury in their confirmation hearings? Links: McGirt v. Oklahoma, 18 US Code § 1153 - Offenses committed within Indian country, The Hyde Amendment, Indigenous Women's Reproductive Rights: The Indian Health Service and Its Inconsistent Application of the Hyde Amendment

    OA597: 5th Circuit Tells SCOTUS Hold My Beer

    Play Episode Listen Later May 20, 2022 70:42

    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. Before that, a quick update on how much Elon Musk sucks and has completely blown it with the Twitter deal. And a quick word on primaries. Links: Twitter says it will 'enforce' Elon Musk's $44 billion acquisition deal, 28Patriot” v. SEC, 15 US Code § 78u–2 - Civil remedies in administrative proceedings, Jellum & Tincher, “The Shadow of Free Enterprise”, Are the SEC's Administrative Law Judges Biased? An Empirical Investigation, Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 138 S.Ct. 1365 (2018), Summary of Administrative Law Judge Responsibilities

    OA596: Depp v. Heard, with Morgan Stringer

    Play Episode Listen Later May 17, 2022 64:10

    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 who is Amber Heard? All these answers and more(gan)!

    OA595: Shareholders Sue Twitter, Alleged Facts Jeopardize Musk Deal

    Play Episode Listen Later May 13, 2022 69:34

    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 abortion restrictions. Something to fight for in your state! Also, why Andrew is definitely right about Clarence Thomas. Links: Code of Conduct for US Judges, 2011 Year-End Report on the Federal Judiciary, WHPA fails, CT bill, Orlando Police Pension Fund v Twitter, 8 Del. Code § 203, disclosure in merger agreement

    OA594: Impeach Clarence Thomas

    Play Episode Listen Later May 10, 2022 68:29

    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

    OA593: Roe Was Never About a 'Right to Abortion'

    Play Episode Listen Later May 6, 2022 63:37

    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 the court, a mere 20 years ago, ruled in the opposite direction on similar legal questions. Many of the same Justices were a part of that ruling. Listen and learn! Links: Court press release, Draft Dobbs opinion, Abortion Policy in the Absence of Roe | Guttmacher Institute, Hodes & Nauser v. Schmidt, 87(R) SB 8, Arkansas SB 149 (2019), Lawrence v. Texas, Bowers v. Hardwick, 478 U.S. 186 (1986), Carey v. Population Services Int'l, 431 U. S. 678 (1977)

    Emergency Episode - Roe to be Overturned

    Play Episode Listen Later May 3, 2022 72:46

    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.

    OA592: NYT's 'The Daily' Botches SCOTUS Case Coverage

    Play Episode Listen Later May 3, 2022 77:15

    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 yell at them with us, because this is garbage and we should expect better.

    OA591: Musk Buys Twitter, Part 2!

    Play Episode Listen Later Apr 29, 2022 64:03

    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 today. Links: Musk Loses $32 Billion in Tesla Wealth, proxy statement (shareholders vote), TrumpContemptOrder4_26_22

    OA590: Musk Buys Twitter. The Deal Is Done. Or Is It?

    Play Episode Listen Later Apr 29, 2022 58:14

    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 from a done deal! Listen in for the dive so deep that it actually will require a surprise bonus episode! This is part 1, part 2 will be out as soon as thomasly possible to edit and release it! Links: Surely We Can Do Better Than Elon Musk, Elon, you have no idea what the hell you're talking about, 15 US Code Chapter 2B - SECURITIES EXCHANGES, 17 CFR Part 240, 17 CFR § 243.100 - General rule regarding selective disclosure, 17 CFR § 243.101 - Definitions, Form 8-K, 17 CFR § 240.10b-5 - Employment of manipulative and deceptive devices, Basic, Inc. v. Levinson, 485 U.S. 224 (1988), Twitter's 8k, material agreement with Musk

    OA589: The FL House is a Dumpster Fire. Sarah Henry Hope to Change That!

    Play Episode Listen Later Apr 26, 2022 60:41

    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 type contempt fines? Find out! Links: Make sure to support Sarah! Trump contempt motion, SECOND SUPPLEMENTAL VERIFIED PETITION, AG James Files Motion to Hold Donald J. Trump in Contempt

    OA588: Wildly Ignorant Trump Judge Upends National Mask Policy

    Play Episode Listen Later Apr 22, 2022 67:06

    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, we've got a deep-dive into bankruptcy, inspired by both Alex Jones and the Health Care Sharing Ministry Sharity. Sharity declared bankruptcy leaving 10,000 members holding the bag for $50 million in unpaid bills. Who could have possibly predicted this except oh yeah see OA497: Christian Health Sharing Is a Scam. Links: 86 Fed Reg 8025, The Opinion, 42 US Code § 264, Kathryn Kimball Mizelle, Sharity Leaves 10K Families with Millions in unpaid bills, Infowars Bankruptcy Petition, Infowars form 202, Jones thinks he set up a trust, 28 US Code § 1334 - Bankruptcy cases and proceedings, 28 US Code § 1452 - Removal of claims related to bankruptcy cases, CT bankruptcy removal, Sharity Plan, Objection, Summary

    OA587: Alex Jones Continues To Be Completely Porked

    Play Episode Listen Later Apr 19, 2022 71:37

    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 him, as well as his obviously illegal plan to try to hide his assets from the plaintiffs who absolutely deserve his money more than he does. Before that, we have some very significant news on the Jan. 6th front — very proud boy Charles Donohoe seems to be cooperating and his “reduced” sentence is still satisfyingly high. Listen for the details! Links: Donohoe plea agreement, level 27 70-87 months, statement of offense, default judgment against Jones 11/15/21, response to motion to recover the $75k, motion for extension of time, new TX fraud case, Texas Uniform Fraudulent Transfer Act, Heslin v Alex Jones

    OA586: CA Uses TX Abortion Ban Trick but for Gun Control

    Play Episode Listen Later Apr 15, 2022 65:00

    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

    OA585: Is Jan 6. Justice Moving Too Slowly? with Randall Eliason

    Play Episode Listen Later Apr 12, 2022 61:38

    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?

    OA584: Amazon Workers Unionize!

    Play Episode Listen Later Apr 8, 2022 66:23

    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

    OA583: Republicans Creating Handmaid's Tale Hellscape

    Play Episode Listen Later Apr 5, 2022 61:09

    The devastating consequences of Texas HB 8 and the Supreme Court's cowardly shadow docket ruling on it are reverberating not just through Texas, but around the country. Not to be outdone, Republicans in Idaho produced a copycat bill. Andrew gives the breakdown and we discuss some truly shocking NPR coverage of how Republicans are ruining lives. But it's not all bad news! In the B segment, Andrew takes us through the Equality Florida Lawsuit, a well-argued lawsuit attempting to fight back against the Don't Say Gay Bill. Also, we're not bothering to cover Trump's idiotic flop of a lawsuit against Hillary. Links: Hazelwood School Dist. v. Kuhlmeier, US v. Alvarez

    OA582: Alex Jones Is In Big Trouble

    Play Episode Listen Later Apr 1, 2022 66:05

    The court has nothing BUT contempt for Alex Jones. Like, half a million dollars worth of contempt. He has dodged depositions for an eternity and Thomas's new favorite judge ever has had enough of it. Get the breakdown! Links: docket, Knowledge Fight 649, Ex A and B, motion for contempt, offer of compromise, conn. gen. stat. 52-193, plaintiffs rejected, oral argument on contempt motion, court grants, motion to reconsider, court denies THAT EVENING, motion for emergency stay, appeal to cr supreme court, Puff v. Puff, eastman not appealing

    OA581: The Activision-Blizzard Settlement Is Happening and It Sucks

    Play Episode Listen Later Mar 29, 2022 64:25

    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

    The Slap. The Actual Legal Implications. NO HOT TAKES

    Play Episode Listen Later Mar 28, 2022 67:34

    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!

    OA580: Google Caught Pulling Privilege Shenanigans

    Play Episode Listen Later Mar 25, 2022 76:00

    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

    OA579: The New Blueprint for Anti-Vax Lawsuits

    Play Episode Listen Later Mar 22, 2022 77:13

    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

    OA578: 1/6 Prosecutors Admit Violating Suspects Rights. What Happened?

    Play Episode Listen Later Mar 18, 2022 74:37

    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

    OA577: This Week in 'Republicans Are Horrendously Evil'

    Play Episode Listen Later Mar 15, 2022 62:23

    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

    OA576: Election Laws and Lies, with Lawrence Lessig

    Play Episode Listen Later Mar 11, 2022 74:58

    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

    OA575: A Swing and a Miss on Lockout Negotiations

    Play Episode Listen Later Mar 8, 2022 63:47

    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

    OA574: 1/6 Committee Brief Says Trump Guilty of Crimes!

    Play Episode Listen Later Mar 4, 2022 78:47

    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

    OA573: Harvard Law Review Publishes Dubious Note on Election Law

    Play Episode Listen Later Mar 1, 2022 72:17

    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

    OA572.5: Biden Picks Ketanji Brown Jackson!

    Play Episode Listen Later Feb 28, 2022 67:34

    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

    OA572: Ukraine and International Law; Gov. Abbott's Despicable Attack on Trans Kids

    Play Episode Listen Later Feb 25, 2022 68:38

    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

    OA571: MTG DAO NGMI; and Why Palin v. NYT is Not Over

    Play Episode Listen Later Feb 22, 2022 76:01

    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

    OA570: Sandy Hook Families Win Major Settlement

    Play Episode Listen Later Feb 18, 2022 66:32

    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

    OA569: Cawthorn Is as Bad at Picking Lawyers as He Is at Not Doing Insurrections

    Play Episode Listen Later Feb 15, 2022 74:58

    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)

    OA568: How Christian Nationalism Fueled the Insurrection

    Play Episode Listen Later Feb 11, 2022 69:59

    Andrew Seidel returns to tell us about the report he and Amanda Tyler put together detailing how Christian Nationalism was central to the Jan. 6th Insurrection. The evidence is overwhelming and is often ignored by the media, so now is our chance to help get this vital information out to the world!

    OA567: Pop-Law! Cardi B Wins Defamation Suit Against Worst Person on Earth

    Play Episode Listen Later Feb 8, 2022 69:17

    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!

    OA566: Explosive Lawsuit Against the NFL Details Racial Bias

    Play Episode Listen Later Feb 4, 2022 71:26

    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

    OA565: How Madison Cawthorn Could Be Kept off the Ballot

    Play Episode Listen Later Feb 1, 2022 61:55

    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

    OA564: The Reteyerment; At-Will Employees Forced to Stay? and Avenatti vs Stormy Daniels!

    Play Episode Listen Later Jan 28, 2022 65:39

    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

    OA563: Microsoft, Activision, and Monopoly Law!

    Play Episode Listen Later Jan 25, 2022 65:08

    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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