Opening Arguments

At laaaaaaaast it is the return of #T3BE! And we've got, not 1, not 2, but 3 questions! First, a question + answer to get warmed up, since we don't have any answers from previous weeks. THEN, the question everyone can play along with. AND THEN, it's the question only Patrons are elligible to win. But also, for patreons only, I've included the first question Matt and I ever did. We did some T3BE to practice, and this first one is maybe my favorite. 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. I used Dall-e for fun to create a T3BE graphic and it gave me "Thas BAR EXAM!" 10/10

This episode is brought to you by Trade Coffee! Visit drinktrade.com/oa Episode 1004. "What's going wrong?" Neil Young once asked Alabama, and it's still a good question 52 years later in the wake of the unprecedented execution of Eugene Michael Smith on January 25, 2024 by nitrogen gas. Casey returns to share why learning about the death penalty made her want to be a lawyer before we review the recent history of capital punishment in the U.S. and the dangers of an originalist interpretation of a "cruel and unusual" execution. We then take a closer look at how a completely untested method of taking a human life came to be used in Alabama and find some hope for an end to state-sanctioned murder.   1. VIDEO: Spiritual advisor Jeff Hood describes the execution of Eugene Michael Smith 2. VIDEO: Alabama Attorney General Steve Marshall describes Smith's execution as "textbook" 3. Bucklew v. Precythe :: 587 U.S. ___ (2019) 4. Sotomayor's dissent in Smith v. Hamm 5. Thomas and Alito's dissent in Hamm v. Smith

Republicans thought they were going to impeach DHS Secretary Mayorkas but they didn't count on... AL GREEN!   There has been so much in the news that Matt and I thought we'd do some bonus recording, both to give you fine folks more content and also to keep practicing and getting into the groove. Matt breaks down the absurd Articles of Impeachment that some Republican intern typed up. Then we talk about the border bill Republicans demanded but then... fought against after Trump said to.   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.

This episode is brought to you by Trade Coffee! Visit drinktrade.com/oa! In Episode 1003, Thomas and Matt are joined by Matt's partner, Casey, to discuss what's been going on with District Attorney Fani Willis down in Fulton County, Georgia. Perhaps you've heard about a scandal involving a relationship and a messy divorce... But how severe is it? How much of it is real, and how much is MAGA disinfo? What is likely to happen? Find out!  Casey was a prosecutor at the state level for more than 15 years. She has extensive experience in both trial and appellate litigation, including a substantial caseload of major felony and homicide matters. So not only are they a prosecutor and a defense attorney, but Matt and Casey also bring some extra insight when it comes to relationships between lawyers, as they are a real-life married lawyer couple! 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

This episode is brought to you by Trade Coffee! Visit drinktrade.com/oa In episode 1002, we get to know Matt Cameron. He talks about his background, his legal practice and areas of expertise. I ask him about the case he is most proud of, and you will not believe what it took for him to win it! Then I ask him about the case he most regrets, and... wow. Let's just say Matt does incredibly difficult and important work.  You do not want to miss this one, these stories are so compelling, and they make me so excited going forward with OA and Matt onboard! 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.

#T3PB babyyyyyy!  Due to several good court thingies, this podcast is now hosted by Thomas Smith. Not too much can be said, but this episode contains a bit of how we got here, and the plan for the future.  If you'd like to support the show, please pledge at patreon.com/law and get your hands on the first lawsode with Matt Cameron! Plus lots of bonus things coming. For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Liz says goodbye.

On the day that Ron DeSantis dropped out of the Republican presidential primary and endorsed his personal bully, Donald Trump, Liz and Andrew cover two stories that could impact the 2024 presidential election. First, we tackle the centrist group "No Labels" request that the Civil Rights Division of the Department begin a criminal RICO investigation into... people who don't like the centrist group "No Labels." Neat! Then, we break down all of the pending actual law stuff going on in Trump's civil defamation suit in New York -- since precious little of that is going on in the courtroom itself. What's the rule of completeness? When are defenses waived? Who has a duty to mitigate? And so much more! Notes Habba Letter Brief re: Mitigation https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.272.0.pdf No Labels https://www.nolabels.org/documents/59546/DOJ%20letter%201.11.24.pdf Co-founder of No Labels resigns https://www.wsj.com/articles/no-labels-may-re-elect-donald-trump-t

Liz and Andrew dive deeply into Alina Habba and Michael Madaio's efforts to cross-examine E. Jean Carroll and her expert, Dr. Ashlee Humphreys. Plus much, much more! Notes Ameriekalinje v. Sun P. P. Assn, 226 N.Y. 1 (1919) https://casetext.com/case/norske-ameriekalinje-v-sun-p-p-assn Justice Manual 9-5.000 https://www.justice.gov/jm/jm-9-5000-issues-related-trials-and-other-court-proceedings -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com

After a roundup including the first day of the E. Jean Carroll trial, Liz and Andrew break down the latest SpaceX lawsuit and discuss what it might mean for the future of collective bargaining. Notes Nathan J. Robinson, researcher, Current Affairs, “Surely We Can Do Better Than Elon Musk,” April 7, 2021 https://www.currentaffairs.org/2021/04/surely-we-can-do-better-than-elon-musk S. Derek Turner, “Broadband Boondoggle: Ajit Pai's $886M Gift to Elon Musk,” Free Press, December 14, 2020 https://www.freepress.net/our-response/expert-analysis/insights-opinions/broadband-boondoggle-ajit-pais-886m-gift-elon-musk NLRB proceedings against SpaceX https://www.nlrb.gov/case/31-CA-307446 NLRA, 29 U.S.C. § 151 et seq.https://www.law.cornell.edu/uscode/text/29/chapter-7/subchapter-II NLRB damages chart https://www.nlrb.gov/reports/nlrb-case-activity-reports/unfair-labor-practice-cases/remedies-achieved/monetary-remedies SpaceX v. NLRB docket https://www.courtlistener.com/docket/68136196/space-exploration-technologies-c

Today, Liz and Andrew document Donald Trump's latest (failed) shenanigans in the E. Jean Carroll defamation trial set to begin in New York on Tuesday. Then, they break down in depth the motion to disappear the Fulton County, GA indictment on the grounds of DA Fani Willis's alleged relationship with special prosecutor Nathan Wade. NotesTrump DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump   E. Jean Carroll v. Trump (Carroll I) docket https://www.courtlistener.com/docket/18418220/carroll-v-trump/   Roman Motion to Dismiss GA https://s3.documentcloud.org/documents/24352568/roman-motion-to-dimiss-010824.pdf   Whitworth v. State, 622 S.E.2d 21 (Ga. App. 2005) https://scholar.google.com/scholar_case?case=3050238223814330373   Paragraph   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Ar

Liz and Andrew describe the truly audacious plan cooked up by Trump and his counsel to disrupt his fraud trial's closing arguments. Then, the two break down a recent TRO entered prohibiting Ohio's social media ("anti-TikTok") law from going into effect. Notes Pew Media Poll https://www.pewresearch.org/short-reads/2023/10/31/81-of-us-adults-versus-46-of-teens-favor-parental-consent-for-minors-to-use-social-media/ NetChoice, LLC  v. Yost, 1/5 Complaint https://storage.courtlistener.com/recap/gov.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.1.0.pdf NetChoice, LLC v. Yost, 1/9 Order https://storage.courtlistener.com/recap/gov.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.27.0_1.pdf Ohio Rev. Code 1349.09 https://codes.ohio.gov/ohio-revised-code/section-1349.09 OA 767 https://openargs.com/oa767-porn-wont-someone-please-think-of-the-children-feat-ari-cohn/

"So, I understand your answer to be that if the President uses Seal Team Six to assassinate his political rival, and he hasn't been impeached and convicted by the Senate, he can't be prosecuted." That really happened. Liz and Andrew break down yesterday's pivotal argument before the Court of Appeals of the DC Circuit as to whether Donald Trump has immunity from prosecution for his efforts to steal the 2020 Election because he was the President. Notes Roman Motion to Dismiss GA https://s3.documentcloud.org/documents/24352568/roman-motion-to-dimiss-010824.pdf Trump brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208582803.0_3.pdf DOJ brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583920.0_1.pdf American Oversight amicus https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583989.0_1.pdf 167 Cong. Rec. S607 (daily ed. Feb. 9, 2021) https://www.congress

In this Trump-free episode, Andrew and Liz break down the civil trial of the National Rifle Association beginning TODAY in New York. No, the NRA isn't going to be dissolved, but yes, they could be hit with a ton of restrictions & some bad actors could be forced to fork over a ton of money, so you'll want to follow this story. Then, the duo tackle the passage of Steamboat Willie into the public domain. What is the public domain? What does it all mean?  Listen and find out! Notes DC Circuit livestream Trump Appeal Tuesday Jan 9, 9:30amET https://www.youtube.com/watch?v=PEQ1aToavl8  Babbitt Estate v. US — Docket via Court Listener https://www.courtlistener.com/docket/68139457/estate-of-ashli-babbitt-v-babbitt/ US v. Texas — Docket via Court Listener https://www.courtlistener.com/docket/68134300/united-states-v-texas/  NY Case Search https://iapps.courts.state.ny.us/nyscef/CaseSearch Appellate Docket No: 2023-06396 Trial Docket No: 451625/2020 US Copyright Office Circular 33 https://www.copyright.gov/circs/

Liz and Andrew break down an entirely new argument being advanced by Trump's allies to get him back on the Colorado ballot. Will it work? Listen and find out! Then, the duo break down the latest barrage of nonsense filings in DC. Notes Colorado state court ruling https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023%20Final%20Order.pdf Colorado Supreme Court ruling https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf Lawfare Tracker on Trump DQ https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker OA 836 https://openargs.com/oa836-yes-a-court-found-that-trump-incited-an-insurrection-now-what-feat-seth-barrett-tillman/ OA 848 https://openargs.com/oa848-trump-is-off-the-ballot-in-colorado/ Socialist Workers Party of Ill. v. Ogilvie, 357 F. Supp. 109, 113 (N.D. Ill. 1972) https://scholar.google.com/scholar_case?case=13881601664092355452 Voting and Vice, 2012

Our first episode of 2024 is a Good News episode! First, Liz and Andrew break down a new argument that might get everything back on track in Trump's DC prosecution.   Then, the duo unpack a recent ruling enjoining Iowa's anti-LGBTQ book ban.   Notes Trump DC per curiam order https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208584150.0_5.pdf Trump DC immunity brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208582803.0_3.pdf Ed Meese amicus brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208584119.0_1.pdf American Oversight amicus brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583989.0_1.pdf In re Grand Jury Investigation, 916 F.3d 1047 (2019) https://scholar.google.com/scholar_case?case=8603210867025765580 D. Iowa Order re LGBTQ book ban https://storage.courtlistener.com/recap/gov.uscourts.iasd.8

After speedrunning the Year in Trump, Liz and Andrew share their favorite legal stories of 2023.   Notes MN state supreme court ruling in Growe v. Simon https://s3.documentcloud.org/documents/24138784/order-dismiss-not-stipulated-entire-case.pdf ME SOS determination re: Trump https://s3.documentcloud.org/documents/24245391/decision-in-challenge-to-trump-presidential-primary-petitions.pdf US v. Trump DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/ Michael Cohen ChatGPT https://storage.courtlistener.com/recap/gov.uscourts.nysd.499666/gov.uscourts.nysd.499666.104.0.pdf OA 751 https://openargs.com/oa751-chatgpt-writes-fake-opinions-real-judge-is-not-amused/ US v Trump SDFL Docket https://www.courtlistener.com/docket/67490070/united-states-v-trump/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc   -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/ope

As we wind down 2023, Liz and Andrew bring you an entirely Trump-free, New Year's Eve-themed show!   First, the two discuss legal weed, President Biden's pardon, and what the future holds for those who like to smoke.   Then, Liz and Andrew discuss the legal minutiae of the Ninth Circuit's reversal of the conviction of Rep. Fortenberry (pictured). Ever wanted to know the difference between venue and vicinage? You will now! Thank you for listening to us in 2023!   Notes Sessions January 4, 2018 memo re marijuana prosecutions https://www.justice.gov/opa/pr/justice-department-issues-memo-marijuana-enforcement   Biden October 6, 2022 statement on marijuana  https://www.whitehouse.gov/briefing-room/statements-releases/2022/10/06/statement-from-president-biden-on-marijuana-reform/   21 U.S.C. § 844 https://www.law.cornell.edu/uscode/text/21/844   Fortenberry Ruling https://www.courtlistener.com/docket/60659391/united-states-v-fortenberry/ -Support us on Patreon: https://www.patreon.com/law -Follow

Liz and Andrew break down what the latest decision by the Colorado Supreme Court means, how it will take effect, and how a court that claims to be devoted to textualism and originalism will grapple with arguments aimed squarely at their wheelhouse. You know you want it!   In the A segment, they also break down Trump's latest efforts to convince the Supreme Court to move really, really slowly.   Notes Colorado Supreme Court declares Trump ineligible for the ballot https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf   Lawfare Tracker on Trump DQ https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker   OA 836 https://openargs.com/oa836-yes-a-court-found-that-trump-incited-an-insurrection-now-what-feat-seth-barrett-tillman/   Anderson v. Griswold https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023%20Final%20Order.pdf   -Support us on Patre

Liz and Andrew of course recorded this show before the big Colorado Supreme Court decision, but rest assured that breakdown is coming!   In this episode, Liz and Andrew discuss Trump's hapless legal filings across multiple jurisdictions before diving deeply into a surprising decision from the very conservative 11th Circuit regarding the scope of the federal criminal removal statute. What does it all mean? Listen and find out! There will be no show on Dec. 25 and 27th. Happy Holidays! Notes - Trump DC Cir date set - Jan 9 https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208580631.0_2.pdf   -Trump - Engoron - evaluation of witness testimony, denial of motion for DV https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=QbK_PLUS_LJnXDL9v6FtzC9ofmw==   -11th Cir - Pryor - Mark Meadows https://media.ca11.uscourts.gov/opinions/pub/files/202312958.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook: