Opening Arguments

It's week 7, and it's a Next Generation of test. Make it so! Oh also, we're still dogged by controversy, #T3BEgate2.5 but we've got a fall guy and it's Matt. Question 12 was a repeat and Matt is to blame and accepts the inevitable public shaming. But 13 was new! And, now we've got an entirely new kind of test! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1017 He had a plea agreement with the government which he thought would get him 8-14 months. He ended up with 5 years. What happened? Also, was this Democrats' version of January 6th Casey joins this week to help to answer an OA patron's question about the plea agreement reached in the prosecution of former IRS contractor Charles Littlejohn for leaking records of Donald Trump, Rick Scott, Elon Musk, and a tragically high number of other innocent and blameless billionaires who are simply far too important to have to pay their taxes. We then review the unique role of plea bargaining in U.S. law and exactly how these agreements are reached and play out in court. Did you know that approximately 98% of all federal criminal charges are resolved in a way which is portrayed in approximately 0% of law-related movies and TV show?  1. "The Secret IRS Files: Trove of Never-Before-Seen Records Reveal How the Wealthiest Avoid Income Tax," Propublica (6/8/2021) 2. "How These Ultrawealthy Politicians Avoided Paying T

Who is Aileen Cannon? Why is Aileen Cannon? We answer these important questions and many more in this brief review of the incomprehensible jurisprudence of the best federal judge in Fort Pierce, Florida. 1. Aileen Cannon's Senate Judiciary Committee nomination questionnaire 2. Map of federal Southern District of Florida  3. Democratic questioning at Aileen Cannon's group confirmation hearing 4. Judge Cannon's Order on Plaintiff's Motion for Judicial Oversight and Additional Relief (9/5/22) 5. 11th Circuit's reversal of Cannon's 9/5/22 order re: 100 classified documents (9/21/22) 6. 11th Circuit's reversal of Cannon's equitable jurisdiction ruling (12/1/22) 7. Jack Smith's Motion for Reconsideration & Stay (2/8/24) 8. Government's Opposition to Motion for Additional Time to File Certain Motions (2/8/24) 9. Judge Cannon's order denying Trump's motion to dismiss on vagueness grounds (without prejudice)(3/14/24) 10. Relevant portion of the Espionage Act 11. Judge Cannon's weird order demanding that the partie

Massive controversy shakes T3BE to its core. Thomas and Matt respond to the international outcry and media firestorm generated by allegations that T3BE is using repeat questions. After that, we get two TOTALLY DEFINITELY NEW practice bar exam questions. Topics are appealing to SCOTUS re State constution vs. US constitution, and also the gender wage gap when it comes to bank robbery. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1015 Part 2 of Azul's story Folks... I implore you. I beg of you, please listen to this one all the way through. Azul tells us the rest of her story, and talks about where she is now, and it is one of if not the most inspiring, heartwarming things I have ever had the privilege of publishing. Seriously. And please share it. Another massive thanks to Azul, and to Matt, who we are so incredibly lucky to have on the show. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Emergency Bonus Pod! - Fani Willis and the Odor of Mendacity   Judge MacAfee has issued a ruling on the Fani Willis disqualification motion. Get the OA breakdown with a full analysis and plenty of opinion and context.   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!

Episode 1014 We begin by pouring a Tequila Sunrise out for the charges against three memorabilia collectors charged with stealing old Eagles lyrics, in which the unexpected airing of 6,000 pages of Don Henley's dirty laundry had Manhattan prosecutors realizing last week that they truly could check out anytime they liked. Matt then takes us through Fulton County Judge Scott MacAfee's decision to dismiss 6 of the 41 pending counts against Trump and his goons. Can Trump still be prosecuted for his "perfect phone call" to GA Secretary of State Brad Raffensberger? And what does a guy have to do to solicit someone to violate an oath around here, anyway? We then turn some much-needed light on to Texas's most recent attempt to enforce federal immigration law before finishing up with some good immigration news out of--also Texas?   1. Order on Defendants' Special Demurrers (J. McAfee, 3/13/24) 2. Georgia Code Sec. 15-4-7 (Criminal Solicitation) 3. Georgia Code Sec. 16-10-1 (Violation of Oath by Public Officer) 4

Thomas Takes the Bar Exam Week 5!   Ok so last week revealed to us that the "hot unbreakable streak" was not, in fact, unbreakable. No one could have seen this coming though, so no use in playing the blame game. Thomas comes into the week 5-2. Will he go to 5-4? Or 7-2? Or perhaps the other possible record? Find out! Then, we get 2 new questions! It's personal injury, and also... personal injury? Maybe? We'll see!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1013   Today, we get to meet Azul Uribe. Azul lived most of her life in the US as a devout Mormon, doing her best to get by in a sea of Whiteness. She even made jokes at her own expense about being undocumented. That all changed when she was arrested at age 22 under bizarre and very unlucky circumstances. She was put in ICE detention. Treated terribly. Strip searched multiple times. She then found out those jokes... weren't. Despite being a college student, Azul faced deportation from the only home she'd ever known.   Join us as we hear Azul's fascinating and heartbreaking story, in all its raw humanity. And we learn more about our immigration system, and its raw inhumanity.   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1012   Does anyone else feel like the Supreme Court decided a part of the Constitution just doesn't exist anymore? Perhaps you're like Listener Thomas S, who found this decision absolutely nuts. If so, you're in luck, because in this episode of OA, Thomas throws every argument at actual lawyer Matt Cameron for why this decision sucked. How does the actual lawyer feel? Did SCOTUS get it right actually? Find out!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Thomas Takes the Bar Exam Week 4!   Thomas comes into this week on a HOT, some would say, UNBREAKABLE, streak! 5-0. So, naturally, he aced questions 6 and 7, right? You'll find out! After those answers, we get questions 8 and 9, pictured below! What the hell is the firefighters' rule? And are drycleaners interstate commerce?   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1011   Here's one for everyone who enjoys stories about terrible people losing in court! Casey stops by to review Alito's complaint to America's managers about the devastating cost of marriage equality: the exclusion of anti-LGBTQ bigots from juries. Matt breaks down the total failure of state attempts to ban drag shows and why the actual First Amendment keeps winning over the one that the kinds of people who yell the most about the First Amendment seem to think that they are yelling about.   1. Thomas/Alito statement in 2020 denial of Kim Davis's cert petition (2020) 2. Alito's concurrence in denial of cert in Missouri Dept of Corrections v. Finney (2024) 3. Trial court decision in Friends of Georges v. Mulroy (TN drag show ban) 4. Trial court decision in Florida-ORL v. Griffin (FL drag show ban) 5. Trial court decision in Woodlands Pride v. Paxton (TX drag show ban) If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profi

Episode 1010   It was the worst of Dons, it was the worst of Dons. Eagles singer Don Henley was not taking it easy in a New York City courtroom this week in his testimony against three memorabilia-collecting desperadoes who had to bring their alibis to face charges of conspiring to sell stolen (?) legal pads filled with Henley's drafts of "Hotel California"-era lyrics. Will the court find that these defendants are hiding their lyin' eyes, or is the Manhattan DA's case against them already gone? New kid in town Matt takes his legal analysis to the limit one more time.   We move on to some Trump updates, including the Supreme Court's decision to take his extremely unserious claims of  Presidential immunity for all crimes seriously and complications to the defense's effort to disqualify Fani Willis from the Fulton County prosecution. Oh also, Trump doesn't want to pay any money and is complaining to the court on account of "I don't like this." If you'd like to support the show (and lose the ads!), please p

Thomas Takes the Bar Exam!   It's time for the answers to last week's questions, plus two more!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1009    The Heritage Foundation's Project 2025 has been making headlines with its promises to set the next Republican president up with a full staff of loyal civil servants and a 920-page executive branch playbook--but what is actually in this thing, and what can we learn from it? Matt takes us through some disturbing echoes of 1933 Germany, which was a famously chill and cool time, showing us how the legal system has historically been used to turn democracies into autocracies. We learn that laws with the most boring names are often the scariest, and about the administrative violence of a well-timed memo.   1. Heritage Foundation's Mandate for Leadership (2023) 2. Presidential Personnel Database (Project 2025 job application) 3. Nazi Telegram with instructions for Kristallnacht (Nov 10, 1938)   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and acc

Episode 1008   Today we are serving up a tasteful pairing of radically destructive activism from one supreme court with a refreshing adherence to basic Constitutional law from another. We start in Alabama, where the state's highest court just found with no any apparent legal, factual, or moral justification whatsoever that a few hundred frozen cells are legally equivalent to a "child"--because God, probably? Unclear! We then review a recent example of the U.S. Supreme Court doing exactly what it is supposed to do: reviewing and unanimously reversing an obvious Constitutional violation, in this case one which put a man who had been acquitted on mental health grounds at risk of the death penalty.   1. Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine, P.C. 2. Ketanji Brown Jackson's decision for a unanimous court in McElrath v. Georgia, 601 U.S. ____ (2024) [PDF] 3. Free downloadable version of the Century Schoolbook typeface   If you'd like to support the show (and los

Thomas Takes the Bar Exam!   It's time for the answers to last week's questions, plus two more!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1007   It's Part 2! Fani testifies! It is high drama. Not only that, we hear from an incredible Cohen Brothers movie character for some reason. We also hear from Fani Willis's dad, someone who has led a fascinating life. Then finally, they put Wade's ex-partner Bradley on the stand and... try to make him talk for like 4 hours. It also takes a very dark turn.   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1006   Part 1! We watched 17 hours of Fulton Country Superior Court so you don't have to! Cohabitating lawyers Matt and Casey are here to break down many of the legal issues, from the mundane to the outright bizarre. These hearings were truly extraordinary. Some of the craziest courtroom drama to ever happen in the real world. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Episode 1005. So uh, yeah. About that. The news was so crazy that we recorded two different episodes and I had to stitch them together like a Frankenstein's Podster. Because WOW Georgia. In addition to that, Matt has for us a tour of the Trump legal circuit! It makes stops in DC, Florida, Georgia, and New York, with a brief layover in 1998 to reminisce about where we were the first time we heard an elected official talking about their sex life under oath. We share some initial impressions of the first day of Fulton County DA Fani Willis's disqualification hearing, debate whether Nathan Wade actually billed the county for 24 hours of work in one day, and consider what might happen next (and what probably should have earlier) in this unfortunate and entirely evitable sideshow to the single most important state criminal case prosecuted in our lifetimes. Also discussed: What's next for the stupidest impeachment in the history of impeachments? What's up with the House rule which makes tying a vote *much* worse