Opening Arguments

OA1163 - No really. That's a real stat. It may actually be WORSE than that. So uh... how in the hell? Professor Valena Beety is here to break it down. She's done a ton of great work in this area, and has a new legal research paper, "Unfit": Gender, Ableism and Reproductive Wrongful Convictions by Valena Elizabeth Beety, which goes into this and much more! Content note: this episode does involve discussion of events where young children died. We don't dwell on these events much at all other than to mention them as needed. More links: Indiana Innocence Project, Kristine Bunch | National Registry of Exonerations, Manifesting Justice: Wrongly Convicted Women Reclaim Their Rights, Op ed: Why has Brenda Andrew been on death row for two decades? It has everything to do with sex.

OA1162 - It's all good news from our favorite branch of government today! We review recent judicial wins in everything from illegal deportations to tariffs to the Trump administration's wars on international students,  private law firms, and common-sense understandings of the expression “foreign policy.” Plus, Matt shares a footnote from the front lines of Trump's mass deportation efforts to explain why an immigration judge 2000 miles away just left him an angry voicemail. MA District Court judge Brian Murphy's preliminary injunction in DVD v. DHS (4/18/25) Judge Murphy's denial of DHS's motion to reconsider (5/26/25) Order to return O.C.G. to Guatemala (5/23/25) Judge Michael Fabiarz's order on Mahmoud Khalil's habeas claim (5/28/25) VOS v. USA decision from the Court of International Trade (5/28/25)  DC Circuit judge Tanya Chutkan's decision in New Mexico v. Musk (5/27/2025) Judge Richard Leon's order in Wilmer Hale's challenge to Trump EO (5/27/25)

T3BE71 If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1161 - Micah Herskind is an activist, Harvard law student, and most recently a co-editor of the essay collection No Cop City, No Cop World with Mariah Parker and Kamau Franklin. We welcome Micah on to discuss his experience with Atlanta's Stop Cop City movement and the lessons which activists and advocates around the US can learn from it in these times of mass dissent in the face of American authoritarianism.  No Cop City, No Cop World, ed. Micah Herskind, Mariah Parker, & Kamau Franklin (2025) Cop City RICO Indictment, Fulton County Superior Court (8/29/2023) “The Tools of Repression,” Hanah Riley & Micah Herskind, Inquest (4/24/25) The Free Speech Forest Fund Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1160 - Sheryl Weikal is an Illinois trial lawyer with a name-your own-price practice representing marginalized people facing eviction, foreclosure, discrimination, and incarceration--which is all incredibly cool unto itself, but she also has a story like no one else you've heard. Sheryl won an incredible victory three years ago against the Illinois state bar for trans attorneys throughout the state in the face of years of open prejudice which she suffered from fellow lawyers, court staff, and even judges from the bench, and has written the story of her personal and professional life in a memoir which will be out June 3rd. This isn't one to miss! Preorder I Was an Abomination: A Story of Trans Survival in Conservative America by Sheryl Weikal (to be released 6/3/2025) “Transgender lawyer wins suit for declaration that trans discrimination violates attorney ethics rules,” ABA Journal (4/18/2022) Follow Sheryl on Bluesky To support the show (and lose the ads!), please pledge at patreon.com/law! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

T3BE70 - As is typical for Wednesdays these days, we've got some Lydia and Thomas nonsense to kick off the show, but Heather swiftly swoops in to save us from ourselves, reveal the answer to last week's T3BE69 (nice), and set up the question for T3BE70. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1159 - We are so pleased to have Temple Law Professor Rachel López on the show to discuss her work in shining light and digitally preserving court records related to the trials following the Guatemalan Civil War. Not only is the archiving of this material so important to those impacted by the government regime over the 30 year conflict, it also demonstrates early examples of transitional justice and what we might learn from it when applying it in the future to governments that commit human rights abuses. Listen in to hear the efforts she undertook to be sure these stories would not be forgotten. Truth Commission Report (February 1999) Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1158 - We start off with some patron questions about what to do when ICE comes to your neighborhood, the one thing that the world's most annoying white libertarians got right, and how to best exercise the very few rights US citizens have coming back into the country. Then in our main story: This week the Supreme Court heard arguments over birthright citizenship--or did it? Matt explains how they might do something even worse than expected while still striking down Trump's attempt to end the  Constitutional right to citizenship for everyone born on US soil by executive order.  Finally, we polish off today's episode with a meaty footnote about the lies and tyranny of a very different kind of would-be monarch. Oral arguments in Trump v. CASA (5/15/25) Trump v. CASA docket  Western District of PA federal judge Stephanie Haines's ruling upholding the application of the Alien Enemies Act to members of Tren de Aragua “Sense of the community” memo dated 4/7/25 finding that Tren de Aragua is not working with the Venezuelan government Complaint in Coleman et al v. Burger King  

After some Thomas-Lydia nonsense and updates, Heather gives us the answer to question 68, a fiendishly difficult real property one. Did you get the right answer? Then we get a new question 69! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! To support the show (and lose the ads!), please pledge at patreon.com/law! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1157 - Leah Litman is a co-host of Crooked Media's Strict Scrutiny podcast and professor at University of Michigan Law School, and most recently the author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. We are pleased to welcome Professor Litman to discuss everything from what it's like to teach American Constitutional law 2025 to what the Supreme Court has in common with the Bluth family. Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, Leah Litman (2025) 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

For this Rapid Response Friday, we answer patron questions on everything from how to examine a  warrant to why Donald Trump will never be sending anyone to Alcatraz. We also consider just how bad the Supreme Court's decision to uphold the administration's ban on trans military service members actually is, how the single biggest financial corruption scandal in Presidential history is happening right now right in front of us, and why the forced departure of the acting DC U.S. Attorney is some of the best news this country has had since January 20, 2025. Also: a surreal Black Mirror-style  footnote about the first time a U.S. courtroom has ever heard a victim's statement in a video made years after his death. Sample judicial warrant Sample ICE administrative warrant Trump's Crypto Conflict of Interest, Democracy Defenders Fund (4/23/25) Supreme Court's order in U.S. v. Shilling (5/8/25) Project 65's bar complaint against Acting U.S. Attorney Ed Martin “The Ed Martin Show,” Jeanette Cooperman, St. Louis Magazine (4/26/2011) 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1155 - It's a bad news/good news show, but the good news is very good! But first, the fasch. First, a few more notes on the arrest of Judge Dugan. Then some terrible EOs. One attacking on sanctuary cities. In another, we get a look at what Trump wants to use his literal billion dollars of big law pledges for. And, you know, some other fascisms. Then the good news! The courts are putting a stop to some major bull shits, including a huge smackdown of Trump's use of the Alien Enemies Act. And this was by a Trump-appointed judge! And Mohsen Mahdawi has been released! 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.  

T3BE68 - Professor Heather Varanini returns to spill the beans on how Thomas did for Question 67 before taking us down another Bar prompt. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1154 - Whatever the stage of fascism is where they start arresting judges for doing their jobs--well, we're here. We review what we know about the in-court arrest of Milwaukie County Circuit Judge Hannah Dugan last week. Matt then explains exactly what a “sanctuary” jurisdiction is (and isn't) and how the Trump administration's promises to aggressively investigate and prosecute state and local officials for non-cooperation with ICE fits into the overall plan of American authoritarianism. We also review ICE's efforts to engage “force multipliers” via special cooperation agreements with state law enforcement under INA 287(g) and how you can do your part to stop it. Complaint and supporting affidavit in U.S. v. Dugan (4/24/2025) AG Bill Barr's speech to the National Sherriff's Association in which he promised to investigate and prosecute local authorities who interfered with ICE (2/10/2020) Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act | ICE (links to Excel docs with state of all current and pending 287(g) agreements) Pam Bondi's memo on charging and sentencing policies which shifted DOJ's focus to immigration enforcement (2/6/2025) To support the show (and lose the ads!), please pledge at patreon.com/law! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1153 - It's good news Friday! Here are some stories about American fascists losing or otherwise showing their asses in court, including (among others): The Supreme Court comes through strong for immigrant justice at 1 AM on a Saturday morning Samuel Alito fails to properly interpret a book written at a fourth grade level after having his Easter ruined by immigrant justice DOJ accidentally files an embarrassing internal memo into the record Sarah Palin's tries and fails to sue the New York Times for libel for the second time  one federal judge stops Trump's attempt to do the SAVE Act through an executive order, while another reverses an ICE kidnapping Neil Gorsuch does a genuinely good thing for non-citizens through a simple act of textualism DOJ pulls out one of the most ridiculous excuses for violating a court order in US legal history Finally, a meta-footnote on why Matt is ready to join the calls to impeach national hero James Boasberg for his radical views on the utility of (what else) footnotes. Samuel Alito's dissent in A.A.R.P. v. Trump (4/19/25) SCOTUS's decision in Monsalvo-Velasquez v. Bondi  (4/22/25) Vermont federal district court order returning Rumeysa Ozturk to Vermont Courtlistener docket for D.V.D. v. DHS Courtlistener docket for American Oversight v. Hegseth 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

T3BE67 - It's another bar question with Heather Varanini! First we get the answer to last week's very bad and ungrateful father question, and then it's time for our next one! We crown some new winners, and then thank the best winners of all - our patrons! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there! 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1152 - We are pleased to welcome Mike Lissner, the Executive Director and CTO of the Free Law Project to discuss his outstanding work in bringing federal court filings out from behind the PACER paywall, how just a few people with good ideas can fill in the gaps left by government services, and why he hasn't created an Article III Hot or Not with his vast library of judicial portraits (but how you could). Free Law Project donation page CourtListener RECAP 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1151 - We're (kind of) live from New York! Thomas, Matt, and OA regular Liz Skeen meet up in person for the first time on Liz's home turf to review the state of the law three months into the second Trump administration. We begin with a brief update on some  recent developments in Trump's war against Biglaw before turning to some encouraging developments in two of the most significant federal civil cases of our lifetimes. Finally, Matt cedes today's footnote to a New York minute from Liz about a welcome legal setback for Andrew Cuomo's mayoral campaign.  Letters from the U.S. Equal Employment Opportunity Commission sent to major law firms demanding data on DEI hiring policies (3/17/2025)  DC District Court Judge James Boasberg's 46-page findings of probable cause for criminal contempt against defendants in JGG v Trump (4/16/2015) Fourth Circuit Judge J. Harvey Wilkinson's order in JGG v. Trump (4/17/2025) 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

It's Thomas Takes the Bar Exam question 66! Heather's here to break down the answer to T3BE65, and Lydia jumps in (because of reasons we explain in the show) to help us congratulate the winners and tackle the question for T3BE66. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1150 - Did the Department of Homeland Security really just give Massachusetts-born immigration attorney Nicole Micheroni seven days to leave the US? Matt has the inside (his law office) scoop on this viral story. Then in today's deep dive: what if Congress accidentally legalized some THC products seven years ago and no one noticed? We discuss how this unexpected dutchie was actually passed on the right hand side and what, if anything, Congress should do it about it. Nicole's viral Bluesky post about the notice she received to leave the U.S. in seven days U.S. Cannabis Council's findings on the safety of Delta-8 products AK FUTURES LLC v. Boyd Street Distro, LLC, 35 F. 4th 682 (9th Cir. 2022)  “2018 Farm Bill's Impact on the Cannabis Industry,” Whitt Steineker, National Law Review (2/25/25) 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1149 - Even as most of the Biglaw establishment falls to Trump's whims, lawyers from smaller firms are stepping up to do the most necessary work  on the most important issues of our times. We're here to tell you a little more about some of them! But first: The House passes the “No Rogue Rulings Act” and we rip into some fascist nonsense from MAGA legal “thinker” Mike Davis defending the President's absolute  right to call anyone a terrorist and send them to hell without a hearing. Also: DHS's “evidence”(?) in support of Mahmoud Kahlil's deportation,  SCOTUS ‘s surprise mid-episode ruling ordering the return of Kilmar Abrego Garcia from a Salvadoran gulag, and more on the truly inspirational lawyers who are aggressively pushing these fights forward. In today's footnote: can you sue ChatGPT for “hallucinating” terrible stories about you? One heavily-armed Georgia talk show host is gunning to find out. The “No Rogue Rulings Act”  (HR 1526)  Amicus brief filed in Korematsu Center et al in Perkins Coie v. DOJ (4/9/25) DHS “evidence” filed in Mahmoud Kahlil's deportation proceedings (4/10/25) U.S. Supreme Court's order in Noem v. Abrego Garcia (04/10/2025) Plaintiff's complaint in Walters v OpenAI   “SCOTUS must stop leftist judges' lawless sabotage of Trump agenda | Fox News, Mike Davis (3/31/25) 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1148 - We interrupt your regularly scheduled T3BE to bring you three stories of why Immigration and Customs Enforcement is the worst. Matt starts off by reporting on how ICE disappeared one of his detained clients shortly before his scheduled bond hearing this week. On that theme, you might have seen the viral video of an attorney confronting deportation officers at his minor client's home. What in the world was that? Matt has the brekadown. We then try to understand why the Supreme Court has just agreed that the President can kidnap and throw pretty much any non-citizen* out of the country so long as he calls them “alien enemies”  and ICE mumbles something about due process first. *citizens TBD UPDATE: ICE has confirmed since the time of this recording that Matt's client is in New Mexico, 2200 miles from where he was supposed to have a bond hearing on April 7th. U.S. Supreme Court's 5-4 per curiam order in Trump v. J. G. G. (04/07/2025) Video of Virginia attorney James Rivera confronting ICE at his minor client's home (@7jimmie77) | TikTok 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1147 - It's the retrial of the century, and Matt's bringing his local perspective for the single most-requested story in OA history. Jury selection is underway for the second trial of Karen Read for her alleged responsibility in the death of Boston police officer John O'Keefe in the same Massachusetts courtroom where a mistrial was declared last July, and we've got everything you need to know to follow this case which has become a global phenomenon. We review some of the basic facts as revealed at the last trial and take a closer look at the legal issues. Where did both the prosecution and defense go wrong last time, what has happened between the trials, and what should we expect now?  Burnside Fountain (Turtle Boy) - Atlas Obscura Defense attorney David Yanetti's opening statement in Commonwealth v. Read (April 16, 2024) READ v. COMMONWEALTH (SJC-13663) (2025) Independent audit of the Canton Police Department (April 2, 2025) 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

OA1146 - We begin with a quick review of SDNY Judge Dale Ho's scathing 78-page (!) order dismissing all federal charges against NYC Mayor Eric Adams at DOJ's request to see how it compared to our recent predictions. Then in our main story, Matt breaks down a true legal nightmare from this week's news and goes beyond the headlines to explain why ICE's recent admission that it accidentally sent a man on a one-way ticket to hell with no intention of ever returning him is actually even worse than it sounds.  Also featured: Trump and DHS Secretary Kristi Noem face actual for-real legal consequences for their bigotry against Venezuelan immigrants, 1,000 UK artists combine to form the world's most boring supergroup to protest the legalization of AI art theft, Matt yearns for the open road, and Congressional Republicans assert the power to stop time itself. Judge Dale Ho's order dismissing all federal criminal charges against NYC mayor Eric Adams with prejudice (4/2/25) Docket in Abrego Garcia v. Noem (filed 3/25/25) “Imposing Duties to Address the Flow of Illicit Drugs Across Our National Border” (2/1/2025) NDCA Judge Edward Chen's order in National TPS Alliance v. Noem (3/31/25) To support the show (and lose the ads!), please pledge at patreon.com/law! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: http://incogni.com/opening OA1145 and T3BE65 - Lydia joins this Wild Card Wednesday to discuss the awful, inhumane HHS layoffs. Workers were lined up around the block to wait hours to find out if they were fired or not. These are human beings. The people responsible for this should be imprisoned. (awkward transition) and then it's time for a bar exam question! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there! 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

*** Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: http://incogni.com/opening *** OA1144 - Professor Jack Lerner joins us for a follow up to OA1055 as we dive deeper into case law surrounding the usage of rap music in litigation, including discussion of the fight for lyrics to be admitted as evidence in the Young Thug trial in Fulton County, Georgia, and what mechanisms are being explored to address this at the state level in places like New York. End Rap on Trial Rap on Trial: A Brief History (6/4/2024) Rap on Trial: A Legal Guide, Second Edition (2024) Case Compendium Brief Bank 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! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

*** Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: http://incogni.com/opening *** OA1143 - In the past month, Donald Trump has issued a series of truly fascist orders targeting some of the country's best-known law firms for crimes ranging from hiring people Trump doesn't like personally to doing some favors for special counsel Jack Smith to flagrantly hiring non-white non-men. What is actually in these orders, and how bad is it that one of leading litigation firms in the country gave in to Trump's demands without  a fight? And what will it mean for the already-overloaded immigration court system when they start going after immigration lawyers as they have also promised? Former NYC Biglaw associate (and current NYC public defender) Liz Skeen joins to help us to understand this uniquely un-American moment in American legal history. (UPDATE: This episode was recorded shortly before news broke about the Trump administration taking action against major US law firms Wilmer Hale and Skadden Arps.) Addressing Risks From Jenner & Block (3/25/25) Addressing Remedial Action by Paul Weiss (3/25/25) Preventing Abuses of the Legal System and the Federal Court (3/22/25) Addressing Risks From Paul, Weiss (3/14/25) Addressing Risks from Perkins Coie LLC (3/6/25) Suspension of Security Clearances and Evaluation of Government Contracts (Covington & Burling LLP)(2/25/25) “Complicity in the Perversion of Justice: The Role of Lawyers in Eroding the Rule of Law in the Third Reich,” Cythnia Fountaine, St. Mary's Journal of Legal Ethics (2020)  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!

OA1142 and T3BE64 - The State Bar of California wanted to save a buck or two, so they switched from paying a company to administer a real bar exam to a company that... didn't do that. It's an absolute fiasco. Heather is pulling double duty today on Wildcard Wednesday (tm) as she is our expert on this nonsense, in addition to giving us the usual Thomas Takes the Bar Exam treatment! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Check out the OA Linktree for all the places to go and things to do!

OA1141 - Are Republican AGs really trying to have some of the most important federal protections for disability rights declared unconstitutional? Attorney Jenessa Seymour joins to explain the history and purpose of Section 504 of the Rehabilitation Act of 1973 and the pending challenge to a Biden-era regulatory update intended to protect trans health care rights.  Texas v. Becerra docket Section 504 of the Rehabilitation Act of 1973 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!

OA1140 - The Trump administration has openly defied a court order--and that's only the third worst thing about today's main story. Also: what exactly does it mean to “sign” something into law? What is actually in all of these articles of impeachment which Republicans keep filing against federal judges who have defied Trump? And is there a First Amendment right to communicate with monkeys? 50 USC Ch. 3: ALIEN ENEMIES Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua, March 15, 2025 (3:53 PM) Docket in J.G.G. v. Trump (filed 3/15/25) Articles of Impeachment filed against Judge James Boasberg by Rep. Brandon Gill (3/18/25) 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!

OA1139 and T3BE63 - Lydia's back this week to walk us through Trump's very fashy takeover of The Kennedy Center. She watched it unfold in real-time and while it is obviously disturbing, listening to some leaked audio from the first board meeting provides a lot of laughs. It's somehow real, folks. And we've got Professor Heather Varanini as always to walk us through the answer to T3BE62, and to set up the question for T3BE63! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there! 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!

OA1138 - Is a federal judge really about to sign off on dismissing the federal corruption charges against New York City mayor Eric Adams even in the face of everything that we now know about the corrupt deal which led to DOJ's request? Why did appointed attorney Paul Clement recommend dismissing the case with prejudice, and what might it mean for future prosecutions by Trump's DOJ if Judge Ho agrees? Superstar NYC public defender Liz Skeen returns to go beyond the headlines with some local perspective on the current state of one of the most important federal criminal cases in our lifetimes.  Paul Clement's brief in support of dismissing charges with prejudice Rinaldi v. United States | 434 U.S. 22 (1977)  Rule 48. Dismissal | Federal Rules of Criminal Procedure  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!

Brought to you by Trade Coffee! Get 40% off your first order with Trade at drinktrade.com/OA! OA1137 - The arrest and detention of U.S. lawful permanent resident Mahmoud Kahlil in direct retaliation for his Constitutionally-protected speech and association as a campus organizer at Columbia University is the single greatest violation of any one individual's right committed by the second Trump administration to date. Matt explains how an obscure Cold War-era provision of the Immigration and Nationality Act is being used for in one of the only times in modern history to justify the Trump administration's attempt to revoke Kahlil's residency, and why this unprecedented assault on Khalil's most basic civic and political  rights should concern us all. Finally, in today's footnote: A January 6th defendant who has won so much that he is truly tired of winning. DHS Deputy Secretary Troy Edgar defends Mahmoud Khalil arrest : NPR (3/14/25) “The Allegation Here is Not That He Was Breaking the Law,” Matt Cameron DEPORTNATION (3/12/25) “Everything That Just Happened to Mahmoud Khalil Might (But Should Not) Be Legal,” Matt Cameron DEPORTNATION (3/11/25) “Reply to the Government's Opposition to Sanctions,” U.S. v. Pope (3/6/25) 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!

Brought to you by Trade Coffee! Get 40% off your first order with Trade at drinktrade.com/OA! OA1136 and T3BE62- Matt swings by a Wednesday episode, and we welcome Dr. Jenessa Seymour as well! Jenessa is a disability voting access advocate and New York attorney, and she's here to break down the SAVE Act. What exactly is it supposed to be "saving" for voting rights, who is going to be most impacted by its provisions, and do we have any chance in stopping this thing? Professor Heather Varanini joins after, of course, to share the answer to T3BE61 and present the next question in the Bar Exam! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there!  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!

Brought to you by Trade Coffee! Get 40% off your first order with Trade at drinktrade.com/OA! OA1135 - Even with everything that Trump has already done to raise consumer prices, contribute to mass unemployment and inflation,  and stress-test the market, many people still believe that Trump and MAGA conservatives are “better for the economy.” The Groundwork Collaborative is a nonprofit organization which helps to build the kind of messaging that we need to show a better way . Executive director Dr. Lindsay Owens joins to discuss–among many other things–what we talk about when we talk about “the economy,” the DOGE crisis, the true causes of inflation, and what the loss of the Consumer Financial Protection Bureau means for us all. Groundwork Collaborative website U.S. and Plaintiff States v. RealPage, Inc. 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!

OA1134 - Mere hours after a literal pat on the back from Donald Trump on live TV, U.S. Supreme Court Chief Justice John Roberts delivered a 5-4 decision against him in the emergency litigation over Trump's unconstitutional efforts to eliminate foreign aid funding. How much of a win was this really, and why did Samuel Alito spend eight pages in dissent pretending to be “stunned” by the majority's radical assertion that the federal government should pay out debts incurred by valid acts of Congress? We then turn to a less-noticed recent Supreme Court decision with concerning implications for the future of civil rights litigation before appreciating recent Congressional wins: blue city mayors schooling the House Oversight Committee without ever giving up even a  single point in six hours, and Senate Democrats taking a meaningful united stand for trans lives. U.S. Supreme Court's order in Department of State et al v. AIDS Vaccine Coalition (3/5/25) Lackey v. Stinnie, Supreme Court #23-621 (2/25/2025)  Full video of House Oversight Committee's hearing with mayors of Boston, New York, Denver, and Chicago, Associated Press (3/5/25) Boston Mayor Michelle Wu performs George Gershwin's “Rhapsody in Blue” with the Boston Pops (9/22/2024) “Senate Dems Show Spine, and National Sports Bill Dies,” S. Baum, Erin in the Morning (journalist Erin Reed's Substack)(3/3/25) 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!

OA1133 and T3BE61 - Lydia joins today to discuss Trump's 3/4/2025 address to Congress regarding his vision for the next 4 years. Leading up to the evening, there were reports that quite a few Democrats would opt to not attend. We highlight the different approaches folks in the party took to resist in the face of chaos and authoritarianism, and discuss what we might do if we were in that position. After that, Professor Heather Varanini comes in to share the answer to T3BE60 and present the next question in the Bar Exam! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there!  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!

OA1132 - We resume our regularly scheduled rapid response to law in the news, starting with some good news (really) from the Supreme Court! Then: some-not-so-good news from the Supreme Court on the Trump administration's efforts to dismantle the US Agency for International Development. Why did a federal judge need to issue an order confirming that he really meant it when he told the new administration to resume paying out the funds that Congress intended, and why does John Roberts seem to be taking this nonsense seriously? Matt then provides some context for a recent announcement regarding the Trump administration's intention to require all undocumented people to register with DHS before dropping a footnote with recent developments in the unbelievable story of the most (allegedly) felonious Supreme Court litigator in modern US history.  Glossip v. Oklahoma (Feb. 25, 2025) Complete docket for Global Health Council v. Trump  Letter to the editor of the New York Times from NY Congressional representative Emmanuel Celler opposing alien registration (May 25, 1925) Alien Registration Act of 1940 Indictment in U.S. v. Goldstein(1/16/25) 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!

That's right, we interrupt your regularly scheduled rapid response Friday (sorry...) to give you the first episode in the new Gavel Gavel series!!! And, Gavel Gavel is now PUBLIC! The legal battle between Blake Lively and Justin Baldoni might feel like just "celebrity gossip," but there is so much here. It has fiercly divided the internet, with one group certain that Justin Baldoni is a sexual harsser, and the other group certain that Blake Lively and Ryan Reynolds are devious plotters who lied about an innocent man in order to take over a movie. How are we to know the truth? Well, fortunately there are going on thousands of pages of legal documents to comb through. The answers are there, for the few among us that are willing to actually read them. This series will do just that. 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!

OA 1130 and T3BE60 - We're so excited to kick off this episode with an interview with Amanda Litman, the co-founder and President of an amazing organization called Run for Something. We discuss who they are and how they support folks in state and local races in all 50 states, answer questions for those who may be listening and considering throwing their hat in the ring to run for political office, and get energized from Amanda's contagious hope for what can very much come in 2026 and 2028 if we put in the work now. After our chat with Amanda, Thomas meets up with Professor Heather Varanini to reveal the answer to T3BE59, and tackle the next question! Be sure to stick around for our T3BE winners and patron shoutouts! If you're feeling inspired and hopeful after today's show, consider making a donation to Run for Something to help elevate progressive leaders in state and local elections across the country! And if you're thinking you might Run for Something, check out their resources to help you along every step of the way! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there! 

OA1129 - From the Department of Justice to DOGE to elected officials around the US, attorneys who swore to uphold and defend the law are working overtime on the bureaucratic front lines of Donald Trump's campaign to actively degrade and destroy it. But what if those lawyers knew that there could be real consequences for their ability to practice law in the future for illegal, bad faith, and/or unethical conduct? That question is at the heart of the 65 Project, a non-profit organized to introduce real consequences to the kind of lawyering which is greasing the skids in our long slide into authoritarianism. Managing Director Michael Teter joins to explain how the Project came together, how they decide whether misconduct merits a bar complaint, and how their mission has changed since the 2024 election. Donation page for the 65 Project Ethics complaints filed by the 65 Project 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!

Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA OA 1128 - First: an urgent question from a patron on Trump's latest executive power grab. Matt explains the history of the “unitary executive theory” and the Federalist Society-backed movement to give the President more power than an actual king.  Then: Rutgers Law professor Katie Eyer studies, teaches, and litigates the law of anti-discrimination with a specialty in LGBTQ rights. She joins to discuss the current state of the law in the shadow of the Supreme Court's forthcoming decision in U.S. v. Skrmetti and the wake of Donald Trump's recent anti-trans executive orders. Which, if any, of these orders should we actually be concerned about? What does it mean that the fight for trans lives is now becoming a federal issue?  Can Trump really just instruct the federal government to ignore the Supreme Court's extension of employment protections to LGBTQ employees in Bostock v. Clayton County? Professor Eyer takes up these questions and many more as we find reasons both for concern and for hope. “Ensuring Accountability for All Agencies,” (2/18/25) “Interrogating the Historical Basis for a Unitary Executive,” Daniel D. Birke, Stanford Law Review (Jan. 2021) Professor Katie Eyer (Rutgers Law bio) Anti-Transgender Constitutional Law, 77 Vanderbilt L. Rev. __ (2024) (forthcoming) Transgender Constitutional Law, 171 U. Pa. L. Rev. 1405 (2023) Bostock v. Clayton County, 590 US ___ (2020) 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!

Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA OA1127 + T3BE59! Our breakdown of the Thursday Night Massacre continues, with Liz Skeen. Then, it's T3BE time! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there! 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!

Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA! OA1126 - Law'd Awful Boves We interrupt your regularly-scheduled LAM for readings and commentary on the documents at the heart of what has quickly become one of the most shocking events in the 155-year history of the U.S. Department of Justice: the openly corrupt dismissal of all charges against New York City mayor Eric Adams in exchange for his cooperation with Donald Trump's immigration crackdown. Gavel Gavel contributor Liz Skeen joins to share her perspective as both a New York City lawyer and resident as we work through the dueling letters which have been publicly released so far from former US Attorney for SDNY Danielle Sassoon, Acting Deputy AG Emil Bove, and former Assistant US Attorney Hagan Scotten together with DOJ's motion to dismiss. Former U.S. Attorney for SDNY Danielle Sassoon's letter offering her resignation if DOJ continues to move forward with filing a motion to dismiss the federal criminal case against New York City Mayor Eric Adams (2/12/25) Acting Deputy Attorney General Emil Bove's response to Danielle Sassoon's letter (2/13/25) Former Assistant US Attorney Hagan Scotten's letter of resignation (2/14/25) DOJ's Rule 48(a) motion seeking to dismiss all pending charges against Eric Adams (2/14/25) 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!

OA1125 - (NOTE: Acting US Attorney for SDNY Danielle Sassoon's resignation letter and DOJ acting deputy Emil Bove's acceptance of that letter were published while we were recording this episode, and hours before the Trump administration was enjoined by a DC federal judge from suspending international aid. The news hose never stops!) For this Rapid Response Friday, we do our best to answer some of your questions about waves hands in the general direction of DC.  Why is the media reporting the illegal attempts to fire (among others) the head of the Office of Special Counsel and 17 investigators general like a normal federal HR issue? Did FEMA really just straight-up steal $80 million from New York City's bank account? Is it now legal to bribe foreign companies abroad and act as an unregistered foreign agent at home? Why are we sending Venezuelan asylum seekers with no criminal records or gang affiliations to Guantanamo Bay just weeks after DHS Secretary Kristi Noem promised that it would only be housing the “worst of the worst”? And just where exactly is the “Gulf of America” anyway? These and other questions from the week's news are answered within. Memo from AG Pam Bondi outlining DOJ enforcement priorities (2/5/25)  RI federal judge's order finding Trump administration in violation of his previous injunction against the federal spending freeze (2/10/25) “Air Jordan Tattoo Prompts ICE to Send Venezuelan Migrant to Guantanamo Bay,” Pablo Manriquez, Migrant Insider (2/9/25) “First They Came For the Venezuelans,” Matt Cameron, DEPORTNATION (2/12/25) 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!

OA1124 and T3BE58 - Emil Bove drafted an insanely stupid and corrupt memo ordering SDNY to stop prosecuting the case against the insanely stupid and corrupt (and guilty) Mayor Eric Adams. This is absolutely a scandal and we have lost the ability to properly articulate how much of a scandal this is in light of all the other nonstop scandals. But, unlike mainstream media, AT LEAST WE'RE TRYING. We've brought in the big guns - Liz Skeen (and Matt joining on a Wednesday!) Then, it's the usual Thomas Takes the Bar Exam, with Heather Varanini! Question 58. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there! 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!

OA1123 - Insurrection enthusiast Donald Trump sure seems to be looking for an excuse to invoke the Insurrection Act of 1807 in a little-noticed section of one of his flurry of Inauguration Day executive orders. We review the history of how the Constitution and subsequent acts of Congress were written specifically to keep the President from deploying troops on US soil without a very good reason, and how and why the Act has been invoked 30 times in US history. When does civil disorder become an “insurrection” and when, if ever, can the President send in troops that a state hasn't requested? And why is Trump so determined to declare an insurrection on the border? 10 USC 251-255 (colloquially known as “The Insurrection Act”) “The President's Authority to Commit Troops Domestically Under the Insurrection Act,” Harold Hongju Koh & Michael Loughlin, American Constitution Society (September 2020)  “Policy Brief: The U.S. Military May Be Used to Secure the Border,” Ken Cuccinelli & Adam Turner (3/24/24) Insurrection Act of 2024 (IA updates proposed by Democrats) 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!

OA1122 - We're not even three weeks into the second Trump administration and already well into our first Constitutional crisis. How was the world's richest man given access to the nation's checkbook and the total authority to shut down a $40 billion federal agency with 10,000 employees--and can he be stopped?  After a quick review of some recent good news, we try to understand how Donald Trump and Elon Musk are illegally reshaping the federal government before closing out the news sandwich with a big L for the Proud Boys. D.C. District Court judge Royce Lambert's order in Doe v. McHenry protecting trans prisoners (2/4/25) Trump's executive order establishing the Department of Governmental Efficiency (1/20/25) “The Trump-Musk power grab has happened before--in Hungary,” Zach Beauchamp Vox (2/5/25) “U.S. Agency for International Development: An Overview,” Congressional Research Service (1/6/25) 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!

OA1121 and T3BE57 - Senator Bill Cassidy is one of the few remaining Republicans in national politics that resembles a normal human being. He is a doctor, and is very pro-vaccine. And he had a critical hand in RFK Jr.'s confirmation process. There seemed to be a decent chance he might not vote for the brain worms that run RFK Jr.'s flesh suit, but in the end, he did. How did he get there? How did he justify it? It's an interesting story and it says a lot about where we are right now. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there! 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!

OA1120- This episode was first published on our sister show, Gavel Gavel, and has been made available at no charge for our wonderful Opening Arguments patrons! Folks, we and you deserve a little treat. And let me tell you, this is a treat. Mwuah! Chef's kiss. Here's a triple episode for ya! Rudy Giuliani is such a piece of shit that the last real lawyers he could find quit. And so, enter... some guy from Staten Island. He gave us, and the world, truly one of the stupidest, worst written legal documents in recorded history. And in such a serious case, as well! We spend the entirety of this recording digging into it. Come for the weird typos and endless sentences, stay for the lecture on the evils of liberal democracy and wildly unnecessary references to the judge's father!  Superstar public defender Liz Skeen joins us to draw from her past life as a NY litigator to provide the local and legal context for… whatever this is. “Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Hold Defendant in Civil Contempt and Impose Sanctions,” Ruby Freeman & Wanshae Moss v. Rudolph W. Giuliani (12/19/2024)(SDNY)(today's reading) Plaintiff's summary judgment brief (10/2/24) Plaintiffs' request for sanctions (10/29/24)   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!

Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA OA1119 - Trump's executive orders are bad for humanity--and just plain badly written. We survey some of the 20 major legal challenges which have been filed against this nonsense--including two early wins, and a few others which might be wins soon. Matt then explains a recent proposed Trump enforcement tactic with concerning new potential for integration of local and federal authorities with immigration enforcement which the media seems to have missed. In related news, Trump has announced that a little-known section of the US military base at Guantanamo Bay will be used to house up to 30,000 immigrants facing deportation. We consider the history and legal issues around this far-from unprecedented plan. Finally, our closing Bigfootnote takes a closer look at a rare intersection between cryptozoology and the law. OMB memo dated 1/27/25 “Influx of aliens” memo “Offshoring Human Rights,” International Refugee Assistance Project (Fall 2024) Trump Litigation Tracker, Just Security (2025) Bigfoot-Ordinance-69-01.pdf (Skamani County)   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!