Opening Arguments

Follow Opening Arguments
Share on
Copy link to clipboard

Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!

Opening Arguments Media LLC


    • Jan 21, 2026 LATEST EPISODE
    • weekdays NEW EPISODES
    • 1h 5m AVG DURATION
    • 1,187 EPISODES

    4.2 from 3,297 ratings 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.


    Ivy Insights

    The Opening Arguments podcast is truly exceptional in the realm of legal shows. With its detailed discussions, insightful analysis, and entertaining banter, it stands out from others in the genre. Hosted by Liz Dye and Andrew Torrez, it offers accessible and in-depth breakdowns of current events and pop culture from a legal perspective. The show not only educates listeners on complex legal issues but also makes it enjoyable to listen to.

    One of the best aspects of this podcast is the expertise and chemistry between Liz Dye and Andrew Torrez. Both are highly knowledgeable legal analysts who provide insightful explanations of legal matters. Their discussions go beyond just scratching the surface and delve into the intricacies of each topic. They have a unique ability to make complicated concepts understandable for non-legal individuals like myself.

    Additionally, the show's format sets it apart from others. It often includes performances or readings that add a fun element to their discussions. Whether it's reading excerpts from testimony or comedic interpretations of transcripts, these segments bring a unique flavor to the podcast and keep listeners engaged.

    On the downside, some fans were disappointed with changes in the hosting lineup in previous years. However, with Liz Dye joining as co-host, many have found that this new dynamic has elevated the podcast even further. There were concerns about interruptions of Andrew's explanations by previous co-host Thomas Smith, but with Liz taking over, listeners appreciate that there is better flow and information is covered more thoroughly.

    In conclusion, The Opening Arguments podcast is a must-listen for anyone interested in understanding legal issues in an engaging way. With Liz Dye and Andrew Torrez at its helm, listeners can expect thorough explanations, humorous commentary, and valuable insights into current events through a legal lens. While there may have been changes along the way, loyal fans understand that people make mistakes and deserve second chances. Overall, this podcast continues to provide invaluable knowledge while keeping audiences entertained week after week.



    Search for episodes from Opening Arguments with a specific topic:

    Latest episodes from Opening Arguments

    Silky Shah has been fighting ICE for its entire existence

    Play Episode Listen Later Jan 21, 2026 62:39


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

    RFK Jr. Is Practically Running a Tuskegee Syphilis Study and Almost No One Is Talking About It

    Play Episode Listen Later Jan 19, 2026 61:58


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

    Behold My Articles of Impeachment, Three

    Play Episode Listen Later Jan 16, 2026 49:59


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

    Let's see how the arguments against #AbolishICE have aged...

    Play Episode Listen Later Jan 14, 2026 82:49


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

    Does OA Owe Amy Coney Barrett An Apology?

    Play Episode Listen Later Jan 12, 2026 116:57


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

    PROSECUTE AND ABOLISH ICE

    Play Episode Listen Later Jan 9, 2026 57:25


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

    The Dumbroe Doctrine, Part 2

    Play Episode Listen Later Jan 6, 2026 62:55


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

    The Dumbroe Doctrine

    Play Episode Listen Later Jan 5, 2026 53:54


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

    A New Gavel Gavel Trial! U.S. v. Dunn - Assault with a Deli Weapon

    Play Episode Listen Later Jan 2, 2026 53:07


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

    LAM1010: The Rainmaker

    Play Episode Listen Later Dec 31, 2025 54:25


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

    Van Buren v. US and Amy Coney Barrett's So-So Textualism

    Play Episode Listen Later Dec 29, 2025 66:45


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

    Happy (Hot)Boxing Day! Trump Moves to Reclassify Weed — But Didn't Biden Already Do That?

    Play Episode Listen Later Dec 26, 2025 47:14


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

    OA Bonus Content E18 Listen in app We knew the Epstein plea deal was awful. Newly released emails make it EVEN WORSE.

    Play Episode Listen Later Dec 24, 2025 89:12


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

    The 1968 Case That Proves the Charlie Kirk Firings Were Illegal

    Play Episode Listen Later Dec 22, 2025 65:35


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

    The Federalist Says Trump Should Model Horrifically Racist 1920s Immigration Policies. He Already Is.

    Play Episode Listen Later Dec 19, 2025 52:44


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

    The NYT's Biden border article could have been written by Steve Bannon. It is STUNNINGLY bad.

    Play Episode Listen Later Dec 17, 2025 105:23


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

    Solitary Confinement Is Inhumane, Traumatizing, and Unnecessary. So Why Are We Still Doing It To People?

    Play Episode Listen Later Dec 15, 2025 48:28


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

    But Who Will Execute the Executer? The Supreme Court.

    Play Episode Listen Later Dec 12, 2025 60:58


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

    Ross Douthat says Trump's Christian Nationalism just needs more Christian in it

    Play Episode Listen Later Dec 10, 2025 73:27


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

    Trump Keeps Racking Up Ls in the Courts

    Play Episode Listen Later Dec 8, 2025 47:14


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

    Is Trump Playing “Marry, Pardon, Kill” With Narcotraffickers?

    Play Episode Listen Later Dec 5, 2025 50:47


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

    Trump hosts (and dozes through) absolutely unhinged Antifa Round Table

    Play Episode Listen Later Dec 3, 2025 85:44


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

    What Happens When an FBI Agent Investigates a Friend?

    Play Episode Listen Later Dec 1, 2025 52:29


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

    Let's Go Around the Law Office and Say What We're Thankful For

    Play Episode Listen Later Nov 27, 2025 74:11


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

    The Tragedy of True Crime

    Play Episode Listen Later Nov 24, 2025 65:06


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

    SCOTUS Made Gerrymandering So Easy, You'd Have to Be a Texas Republican to F It Up

    Play Episode Listen Later Nov 21, 2025 58:20


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

    Epstein files reveal he was BFFs with Steve Bannon and offered him USE OF THE ISLAND. and his house.

    Play Episode Listen Later Nov 19, 2025 83:03


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

    Emails reveal Larry Summers went to Epstein for advice on women. He STILL teaches at Harvard.

    Play Episode Listen Later Nov 17, 2025 71:54


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

    Reminder to Congress: Impeachment Exists. And It's the Only Acceptable Response to the Epstein Cover-up

    Play Episode Listen Later Nov 14, 2025 60:40


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

    Kat Abughazaleh - Indicted by Trump's DoJ for Protesting ICE while running for Congress

    Play Episode Listen Later Nov 12, 2025 64:19


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

    Turns Out Our Civil Rights Come From... A Parking Garage in Wilmington, Delaware?

    Play Episode Listen Later Nov 10, 2025 57:17


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

    GOOD THINGS HAPPENS! 100% GOOD NEWS OA DAY!

    Play Episode Listen Later Nov 7, 2025 50:32


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

    Night of the Living Op-Ed! (A Belated Spooktacular)

    Play Episode Listen Later Nov 5, 2025 58:53


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

    What Happens When the House Refuses to Swear in a New Member?

    Play Episode Listen Later Nov 3, 2025 54:02


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

    COURTHOUSE OF HORROR

    Play Episode Listen Later Oct 31, 2025 56:42


    OA1203 - Happy Halloween! We take shelter from a year of ghoulish legal news in the COURTHOUSE OF HORROR, a cabinet of macabre legal curiosities including: “SO I TRADEMARKED AN AXE MURDERER”: The historic Lizzie Borden House takes a whack at a nearby coffee shop “THE BONE DETECTOR”: Recent patent bar survivor Jenessa Seymour brings us the unbelievable story of the spookiest--and silliest!--lie detector ever registered by the US Patent & Trademark Office “ATTACK OF THE TORTIOUS CLOWNS”: Can you sue a haunted house for your fright-related injuries?  “THE GREENBRIER GHOST”: The bizarre tale of how a victim's testimony from beyond the grave helped to convict her killer in an 1896 West Virginia murder trial “CANDYMAN 5: SUMMARY JUDGMENT”: In a tasty conclusion to last year's Halloween footnote on consumers disappointed with the spookiness of their seasonal treats, a Florida federal judge finds as a matter of law that there is no wrong way to make a Reese's. Finally, we close on a serious note with Jenessa's guide to how every registered voter can do their part next week to change the plot of our ongoing American horror story. Order in Ghost Adventures LLC v. Miss Lizzie's Coffee, LLC, No. 23-2000 (1st  Cir.)(Selya, J.)(11/15/2024) “Federal Judge Known for Polysyllabic Prose Dies at 90,” Trip Gabriel, The New York Times, (3/21/2025) “Would You Confess Your Criminal Misdeeds to This Skeleton?,” Cara Giaimo, Atlas Obscura (5/16/2017) “Apparatus for Obtaining Criminal Confessions and Photographically Recording Them,” Patent #1749090, H.A. Shelby (filed 8/10/1927) “The Greenbrier Ghost Reexamined,” Greenbrier Historical Society, Arabeth Balseko (1/20/2022) Summary judgment order in Munoz v. Six Flags St. Louis LLC (10/12/2022)(Wallach, J.) Order granting motion to dismiss in Vidal et al v. The Hershey Company, FLSD No. 24-60831 (9/19/2025)(Damian, J.) “Your Cheat Sheet To The 2025 General Elections,” Daniel Nichanian, Bolts (10/1/2025) Check out the OA Linktree for all the places to go and things to do!

    Trump's All Out Assault on Immigrants Continues in Incompetent but Horrifying Fashion

    Play Episode Listen Later Oct 27, 2025 61:37


    OA1202 - We are pleased to welcome American Immigration Council Senior Fellow Aaron Reichlin-Melnick for this unique conversation between a practitioner and a policy expert. The AIC is one of the country's leading sources of information and advocacy on US immigration matters, and Aaron watches and comments on these issues like no one else out there right now. Topics include, among many other things, how the Trump administration keeps getting in its own way on immigration issues, how the law of who can be released from ICE custody on bond has been radically reinterpreted within the past few months, and our  hopes for the future in this critical moment for American immigration law.   Aaron Reichlin-Melnick's bio on the American Immigration Council website Aaron Reichlin-Melnick on Bluesky Donate to support the American Immigration Counsel

    Trump Says DOJ Should Pay Him $230 Million Because Why the F*** Not at This Point

    Play Episode Listen Later Oct 24, 2025 57:43


    OA1201 - This Rapid Response Friday, Matt and Jenessa play a few rounds of “Can They REALLY Do That?”, with topics including: The legal mechanism and filings behind Trump's $230 million demand for DOJ having the audacity for investigating him for crimes that he did Arizona's lawsuit against House Speaker Mike Johnson asking a DC federal court to require him to seat incoming Congresswoman Adelita Grijalva after her election DOJ's first-ever “Antifa” terrorism indictment Finally, in today's footnote Jenessa reports back from her recent experience sitting for the federal patent bar. Donald Trump's Form 95 seeking damages under the Federal Tort Claims Act for the FBI's execution of a search warrant on Mar-a-Lago (filed 8/7/2024) Transcript of former FBI agent Steven D'Antuono's testimony to the House Judiciary Committee  (6/7/2023) Complaint in Arizona v. U.S. House of Representatives (filed 10/21/2025) Martin v. U.S., 605 U.S. _____ (6/12/2025) Powell v. McCormack, 395 U.S. 486 (1969) Indictment with additional “Antifa”-related charges against Autumn Hill & Zachary Evetts (10/15/2025) Check out the OA Linktree for all the places to go and things to do!

    We need a sensible compromise between "no kings" and "Trump is king"

    Play Episode Listen Later Oct 22, 2025 63:55


    VR11 - Today on Vapid Response Wednesday: Thomas, Lydia, and Matt review some of the worst takes to last weekend's 2700+ “No Kings” events around the U.S. But first, we savor an instant classic of an amuse douche: a recent video of a real-life encounter between a drunk-driving ICE officer and actual law enforcement. We then learn why the National Review is definitely not mad about the No Kings events going so well, and why House Majority Leader Steve Scalise IS mad about the raving socialists of the radical left who have shut down a government full of social programs which Republicans would otherwise absolutely want to fully fund if only they could. Full 30 minute video of ICE officer's DUI arrest (August 2025) Democrats Look to Rewrite the Narrative with ‘No Kings' Protests, Brittany Bernstein, National Review (10/20/2025) LEADER STEVE SCALISE: Schumer shutdown hurts families while Democrats rally in DC | Fox News (10/19/2025) “Videos Show ‘No Kings' Protests Around U.S., World,” CBS News (10/19/2025) Check out the OA Linktree for all the places to go and things to do!

    Polygraphs and the Limits of Scientific Evidence in Court

    Play Episode Listen Later Oct 20, 2025 48:25


    OA1200 - We've got another great law and science episode for ya! Are polygraphs admissible? Do they work? Matt and Jenessa talk about the history, law, and science of polygraphs, and how criminal courts treat scientific testimony in general. Check out the OA Linktree for all the places to go and things to do!

    They're Going to End the Voting Rights Act. But at Least We Got to Hear KBJ Murder a Guy in Court

    Play Episode Listen Later Oct 17, 2025 63:41


    OA1199 - Voting rights expert Jenessa Seymour takes us through this week's oral arguments in one of the most important cases before the Supreme Court this term: Louisiana v. Callais, which has the potential to end some of the most important protections in the Voting Rights Act and allow states to openly racially gerrymander their electoral districts. Also discussed: a related New York state case which may be affected by Callais, and a footnote on what one lying Chicago cop was willing to do to get out of dozens of traffic and speeding tickets--and how actual justice has finally caught up with him. Louisiana v. Callais Supreme Court docket Oral arguments in Louisiana v Callais(10/15/2025) 52 U.S.C. § 10301 (Sec 2 of the Voting Rights Act) Thornburg v Gingles, 478 U.S. 30 (1986) Rucho v. Common Cause 588 U.S. 684 (2019) Full text of NY's John L. Lewis Voting Act Submit a comment on the Election Assistance Commission's proposal to add a proof-of-citizenship requirement to the federal voting registration form “Chicago Cop Who Falsely Blamed an Ex-Girlfriend for Dozens of Traffic Tickets Pleads Guilty but Avoids Prison,”  Jennifer Smith Richards and Jodi S. Cohen, ProPublica (10/2/2025) Check out the OA Linktree for all the places to go and things to do!

    Atlantic publishes Caitlyn Flanagan's love letter to Bari Weiss for some reason

    Play Episode Listen Later Oct 15, 2025 84:56


    It's Vapid Response Wednesday, and Thomas, Lydia, and Matt are back to take apart more bad-faith nonsense from some of the worst people in public life. First up: The Atlantic's Caitlyn Flanagan on why it is totally fine that her good friend Bari Weiss is taking over one of the most prestigious news organizations in the United States after running a glorified blog which has been liberated from any reasonable idea of journalistic standards.  MAGA law professor Johnathan Turley then completely fails to explain why capital-A “Antifa”--a set of tactics and ideas which he has previously acknowledged in writing is not actually a “group” and should not be treated as one--is actually a group which should be treated as one. Finally, Newsweek-ruiner Josh Hammer makes his second appearance on Vapid Response Wednesday as he responds to some weird nonsense from Candace Owens. “Don't Bet Against Bari Weiss,” Caitlin Flanagan, The Atlantic (10/7/25) “They Became Symbols for Gazan Starvation. But All 12 Suffer from Other Health Problems,” Olivia Reingold and Tanya Lukyanova, The Free Press  “Antifa Denial: How a Violent Anti-Free Speech Group Became a Non-Entity in American Politics,” Jonathan Turley, JonathanTurley.org (10/13/2025) “Declaring Antifa A Terrorist Organization Could Achieve Its Anti-Free Speech Agenda,” Jonathan Turley (6/4/2020) “Are Antifa Members Domestic Terrorists? Background on Antifa and Federal Classification of Their Actions,” Congressional Research Service (6/9/2020) “Antiracist Skinheads and the Birth of Anti-Racist Action: An Interview With Mic Crenshaw,” Kelly Hayes, OrganizingMyThoughts.org (4/8/2024) “Josh Hammer Responds Directly to Candace Owens's Attack on Him,” Youtube (10/10/2025)

    The Supreme Court Case That Stopped School Integration

    Play Episode Listen Later Oct 13, 2025 51:33


    OA1198 - In this very special episode, Matt catches up with his Constitutional law professor for the first time in 23 years!  We follow up with our closer look at the science behind Brown v Board (OA1186) with University of Michigan Law professor Michelle Adams, who takes us through the fascinating and ultimately tragic story of how the promise of Brown ended twenty years later in the struggle to overcome de facto segregation in her hometown of Detroit. Professor Adams has literally written the book on this subject, and if you enjoyed this conversation be sure to pick up her recent masterwork The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North.  The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North, Prof. Michelle  Adams (2024) Michelle Adams | University of Michigan Law School Milliken v. Bradley, 418 U.S. 717 (1974) “Mapping Inequality,” University of Richmond (interactive maps of redlining in major US cities) Check out the OA Linktree for all the places to go and things to do!

    The National Emergency Continues to Nationally Emerge

    Play Episode Listen Later Oct 10, 2025 59:45


    OA1197 - The National Guard is being federalized and sent into cities that the President doesn't like against the explicit will of state governors and local populations. Matt covers as much as we know from the legal developments around this ongoing national emergency, and Jenessa shares some good news which is already coming out of NY's recent recently-enhanced equal protection amendment. Finally, in today's footnote: how do you ticket a car from a moving violation when no one is driving it? NOTE: since the time of this recording, a federal judge has found that the Trump administration's stated reasons for deploying federal troops in Chicago are “simply unreliable” and blocked the deployment of the National Guard. More next week on this vital story. “Department of Defense Security For the Protection of Homeland Security Functions,” The White House (June 7, 2025)  Affidavit of Portland Police Bureau Assistant Chief of Operations Craig Dobson, filed 9/29/2025 Judge Immergut's injunction in Trump v. Oregon dated 10/4/2025 9th Circuit's order staying Judge Breyer's injunction dated 6/19/2025 Memo from Secretary of Defense Pete Hegseth dated 9/28/2025 ”For Trump Administration, Fighting Crime Takes a Backseat to Immigration Arrests,” The Marshall Project, Beth Schwarzapfel (10/4/2025) 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!

    Jake Tapper on his new book, and the controversy surrounding his last one

    Play Episode Listen Later Oct 8, 2025 84:48


    We welcome CNN anchor Jake Tapper to discuss his latest book Race Against Terror, a nonfiction legal thriller set in the long-ago world of 2011 in which the U.S. Department of Justice is dedicated to vigorously defending national security through strict adherence to due process and the rule of law. Also discussed: the current state of the media, why the world needed a book about Joe Biden's mental decline which was released within days of Donald Trump being sworn in for his second term, and why Jake is no longer on speaking terms with the surviving members of Lynyrd Skynyrd. Check out Jake's latest book Race Against Terror, out this week anywhere you buy or listen to books! You can watch this episode on YouTube, too! Race Against Terror: Chasing an Al Qaeda Killer at the Dawn of the Forever War, Jake Tapper (2025) Original Sin: President Biden's Decline, Its Cover-Up, and His Disastrous Choice to Run Again, Jake Tapper (2025) Lynyrd Skynyrd's Uncivil War, VH1 (2002)(hosted by Jake Tapper) Check out the OA Linktree for all the places to go and things to do!

    That Time the Supreme Court BANNED PRAYER in Schools... Except They Didn't

    Play Episode Listen Later Oct 6, 2025 57:21


    OA1196 - This week in our continuing Still Good Law series, Matt and Jenessa take on the 1963 Supreme Court case which is still believed to hold the record for angering the most Americans at the same time: 1963's Engel v. Vitale. Find out why a decision which even the Warren Court's conservative justices did not see as particularly controversial to keep New York school administrators from publicly making one 22-word statement to students every morning kicked off a firestorm which is still at the heart of the American culture wars. Engel v. Vitale , 370 U.S. 421 (1963) Engel v. Vitale (New York Supreme Court, 1960) Everson v. Board of Education, 330 U.S. 1 (1947) Massachusetts General Law - Part IV, Title I, Chapter 272, Section 36 (Blasphemy statute) GOD, CIVIC VIRTUE, AND THE AMERICAN WAY: RECONSTRUCTING ENGEL, Corinna Barrett Lain, Stanford Law Review (2015)

    Stephen Miller Is Just Having People Killed Now

    Play Episode Listen Later Oct 3, 2025 51:12


    OA1195 - How much of the federal government has actually shut down, and why? We explore the truth behind the spin, and Matt breaks the exclusive story of how at least one part of the executive branch appears to be illegally operating at full capacity. We then then connect some of the most fast-moving stories of the past few weeks to bring out the terrifying relationship between the obvious legal issues around the Trump administration's threats to invade Venezuela, underreported executive actions on “Antifa” and “domestic terrorism” and their broad potential consequences, and the Trump's recent threat to use US cities as “training grounds” for US troops. Then: good news! Jenessa shares a win on voting rights out of Pennsylvania, and Matt celebrates a resounding victory for the free speech rights of non-citizen students like Rumeysa Ozturk and Mahmoud Khalil from a Reagan-appointed federal judge. Finally, today's footnote confirms that the Wu Tang Clan is as a matter of law indeed nothing to fuck with. “Stephen Miller takes leading role in strikes on alleged Venezuelan drug boats,” The Guardian (9/29/2025) “Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists” – The White House  (1/20/2025) “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” – The White House (3/15/2025) “Designating Antifa as a Domestic Terrorist Organization” – The White House (9/22/2025) “Countering Domestic Terrorism and Organized Political Violence,” The White House (9/25/2025) Boston senior federal judge William Young's order in AAUP v. Rubio (9/30/2025) Memorandum & Order Granting and denying parts of Martin Shkreli's motion to dismiss in  PleasrDAO v. Shkreli (9/25/2025):

    Take It From Two Defense Attorneys - DO NOT TALK TO THE COPS

    Play Episode Listen Later Sep 29, 2025 50:10


    OA1194 - NY defense attorney Liz Skeen joins to talk about the evolution (or devolution?) or our Miranda rights in the past several decades. How does an actual criminal defense attorney who deals with these issues every day think about them?

    Could Tylenol Sue Trump and RFK Jr. for Libel?

    Play Episode Listen Later Sep 26, 2025 55:41


    OA1193 - Could Tylenol sue RFK Jr. for libel? Does the pressure the FCC put on Disney/ABC to fire Jimmy Kimmel constitute a First Amendment violation? Is the Trump administration really going to charge rural hospitals $100,000 for the privilege of being able to hire foreign doctors? In today's Rapid Response Friday we answer all of these recent patron questions and more, and Jenessa shares a personal footnote about her decision to voluntarily take the most specialized bar exam in the US legal system. The Campaign for Accountability's bar complaint against FCC chairman Brendan Carr  Restriction on Entry of Certain Nonimmigrant Workers, (Presidential Proclamation dated 9/20/2025) US Patent and Trademark Office bar registration page  

    HBO released a new Adnan Syed doc episode and it is shockingly dishonest

    Play Episode Listen Later Sep 24, 2025 109:05


    We watched the newly-released final episode of HBO's The Case Against Adnan Syed, and we have questions.  Are the producers really trying to pin the murder of Hae Min Lee on a Black man with obvious mental health issues who was already cleared as a suspect--and did they really need to show the world a fully-nude photo of him to make that case? What is the story that they are trying to tell here, and just how far off is it from the truth? From the libelously deceptive cold open to the slyly deceptive summary of Syed's post-Serial legal proceedings and beyond, Matt brings his post-conviction expertise to make the case against The Case Against Adnan Syed. FOOTNOTES SIO354: “Serial's Adnan Syed Conviction Reinstated--What Happened? (w/Matt Cameron) (4/4/2023) OA1067: “Adnan Syed Remains a Convicted Murderer” (9/9/2024) State's Attorney Ivan Bates's memorandum in support of his Motion to Withdraw the previously-filed Motion to Vacate Judgment 85-page Court of Appeals decision in Lee v. State reinstating Adnan Syed's conviction (3/28/2023) State's Attorney Marilyn Mosby's Sep 14, 2022 motion to vacate Adnan Syed's conviction Judge Phinn's September 19, 2022 order on motion to vacate Attorney General Brian Frosh's statement re: SA Mosby's motion to vacate Attorney General's fiery response to Adnan Syed's motion to disqualify AG's office from representing the state of Maryland in this appeal More on the feud between the Attorney General and Baltimore City State's Attorney over the Adnan Syed conviction: “Maryland AG questions integrity of process used to exonerate Adnan Syed,” Maryland Daily Record (10/25/2022)  Full transcription of prosecutor's handwritten note which Mosby alleged constituted Brady evidence and more information in this Baltimore Banner story: “Was Adnan Syed Note Misinterpreted?” Baltimore Banner, (11/1/2022)  Appellant Young Lee's brief in Lee v. State  Defendant Adnan Syed's brief in Lee v. State 2019 Court of Appeals decision finding ineffective assistance of prior counsel in Adnan Syed's case, but not enough prejudice to justify a new trial: State v. Syed :: 2019 :: Maryland Court of Appeals Decisions  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!

    KATZ RULES EVERYTHING AROUND ME

    Play Episode Listen Later Sep 22, 2025 57:18


    OA1192 - This week in Still Good Law: Katz v. U.S., the 1967 Warren Court case which on its face decided that the Fourth Amendment may apply to a public phone booth. But that's hardly all: the federal prosecution of nationally-famous bookie Charles Katz also completely changed the entire framework for how U.S. courts understand and interpret the law of searches and seizures and completely upended the concept of Fourth Amendment privacy as it had been understood up until that time. Matt provides the background on Katz and how this case made it to the Supreme Court, Jenessa considers the mental health benefits of being left alone by the government, and we talk through how important this vital holding might still be at a time when we have all given up so many of our privacy rights just by living in 2025. Katz v. U.S. (1967) Goldman v.US (1942) Silverman v. US (1967) Check out the OA Linktree for all the places to go and things to do!

    The Kirkstag Fire

    Play Episode Listen Later Sep 19, 2025 63:07


    OA1191 - In today's Rapid Response Friday, we examine some of the legal questions raised as the Trump administration throws as much political capital as possible behind the recent assassination of Turning Point USA leader Charlie Kirk and their implications for the future of the First Amendment rights they claim to revere Kirk for championing. Is there any legal basis for Trump to designate a “domestic terrorist group,” let alone one that even his FBI has previously admitted doesn't exist? Matt looks back to the first Trump term to try to understand what is coming. We then examine how the states are getting around the FDA's limitations on the COVID-19 vaccine and the latest in Trump's litigious war on the media before closing things out with a fun footnote on the only other time in US history that a US President has sued someone for libel. Independent media matters more than ever now that mainstream media is compromised beyond any ability to report the truth about this administration. Support the show, join the community, and enjoy bonus content and ad-free listening at patreon.com/law! Don't forget to leave a 5-star review and share the show with your friends! Tyler Robinson indictment (filed 9/16/2025) 18 USC 2331 (federal definition of “domestic terrorism”) “Memorandum on Inadmissibility of Persons Affiliated with Antifa Based on Organized Criminal Activity” (1/5/2021) “Documents Show Trump Officials Used Secret Terrorism Unit to Question Lawyers at the Border,” Dara Lind, ProPublica (5/14/2021) “Migrant Caravan in Tijuana with ties to El Paso Texas,” DHS Field Information Report (10/18/2019) “Trump v. New York Times Company” (complaint filed 9/15/2025) Check out the OA Linktree for all the places to go and things to do!

    Claim Opening Arguments

    In order to claim this podcast we'll send an email to with a verification link. Simply click the link and you will be able to edit tags, request a refresh, and other features to take control of your podcast page!

    Claim Cancel