Opening Arguments

In this Episode, Andrew and Liz outline the issues underlying the recent law review article by Professors Will Baude and Michael Stokes Paulsen suggesting that Trump can be disqualified from the Presidency by virtue of Section 3 of the 14th Amendment. After that, the two return to the linkroll to discuss the many, many developments in and around Trumpworld, including whatever happened to that guy Ray Epps that Tucker Carlson insists is a federal agent plant? (Hint: he's not.) In the Patreon bonus, Liz and Andrew describe more of the sad legal trevails of David Shafer, cosplay elector. Notes OA 35 https://openargs.com/oa35-emoluments-clause-wseth-barrett-tillman-part-1/ OA 36 https://openargs.com/oa36-emoluments-clause-wseth-barrett-tillman-part-2/ Baude & Paulsen, “The Sweep and Force of Section Three”, 172 U. Pa. L. Rev. (forthcoming 2024) https://deliverypdf.ssrn.com/delivery.php?ID=995103073068092081092071118086002065023073053045056031120084030066073022088005028078011036036121038023044082

Liz and Andrew talk about the surprising acquittal of Texas Attorney General Ken Paxton on all 16 articles of impeachment before discussing the companion efforts to gum up the works in the attempt to hold Donald Trump and his co-conspirators responsible for trying to steal the 2020 Presidential Election. In the Patreon Bonus, Liz and Andrew set the record straight on Michael Flynn in light of the government's recent motion to dismiss Flynn's attempt to sue for wrongful prosecution. (Hint: he was not wrongfully prosecuted.) Notes Middlebrooks order dismissing Trump's motion to disqualify https://storage.courtlistener.com/recap/gov.uscourts.flsd.610157/gov.uscourts.flsd.610157.342.0.pdf DOJ motion to dismiss in Flynn v. US https://storage.courtlistener.com/recap/gov.uscourts.flmd.411523/gov.uscourts.flmd.411523.38.0.pdf DOJ’s reply to Trump’s motion for Chutkan recusal https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.54.0_2.pdf Trump reply brief supporting DQ

Hunter Biden was indicted; what does it mean? Liz and Andrew bring you that, plus an extra-length linkroll today to cover all the week's developments, all before tackling a listener question about the federal removal statute. In the Patreon bonus, the two talk more about the social media case of Missouri v. Biden, which heads to the Supreme Court. Notes SCOTUS administrative stay in Missouri v. Biden https://www.courtlistener.com/docket/63290154/333/missouri-v-biden/ Trump SDFL Docket https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/ Cannon order granting protective order https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.150.0.pdf Willis brief on federal removal https://storage.courtlistener.com/recap/gov.uscourts.ca11.84175/gov.uscourts.ca11.84175.20.0_4.pdf 2018 GAO gun report https://www.gao.gov/assets/gao-18-440.pdf  OA 778 https://openargs.com/oa778-geese-ganders-affirmative-action-are-we-overreacting-to-sffa-v-harvard-feat-guha-

Liz and Andrew begin with a discussion of Kevin McCarthy's efforts to impeach Ice Cream Joe before the linkroll roundup of all the major developments over the past few days. Then, in the main segment, the two discuss the fate of the right-wing nonsense suit in Missouri v. Biden, in which a Trump-appointed judge essentially prevented the Biden administration from reporting nonsense on social media. Did the Fifth Circuit save the day?? Listen and find out! In the Patreon bonus, the duo dive deeply into the Fulton County Special Purpose Grand Jury report that Donald Trump tried so hard to disappear. What... good news for Trump might it hold?? Notes OA 713 https://openargs.com/oa713-state-ags-sue-anthony-fauci-for-booting-them-off-twitter/ OA 739 https://openargs.com/oa739-5-million-says-mike-lindell-is-full-of-stuffing/ OA 771 https://openargs.com/oa771-trump-judge-burns-down-first-amendment-to-save-free-speech/ In re Lindell Mgmt LLC Litigation Docket https://www.courtlistener.com/docket/6741

Liz and Andrew break down all the latest developments before taking a deep dive into the significance of Mark Meadows's stunning loss in trying to remove his criminal indictment from state court in Fulton County, Georgia to federal court. What does that mean for Donald Trump? Listen and find out! In the Patreon bonus, Liz and Andrew discuss the testimony of a key upcoming witness who definitely has the goods on Donald Trump. Notes OA 785 https://openargs.com/oa785-all-gerrymandering-is-local-feat-joe-dye/ Coomer v. Lindell Docket https://www.courtlistener.com/docket/63296393/coomer-v-lindell/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc  State of GA v. Clark, Docket  https://www.courtlistener.com/docket/67713789/the-state-of-georgia-v-clark/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc  Order granting injunctive relief in Milligan v. Allen https://storage.courtlistener.com/recap/gov.uscourts.alnd.179302/gov.uscourts.alnd.179302

Liz and Andrew try a lightning round segment, answer a listener question, and then update you on the travails of Trump's lawyers as defendants in Fulton County, Georgia and as conflicted-out scoundrels in the US District Court for the Southern District of Florida. Notes Hunter Biden Docket https://www.courtlistener.com/docket/67511701/united-states-v-biden/?order_by=desc  US v. Abbott Docket https://www.courtlistener.com/docket/67630985/united-states-v-abbott/?order_by=desc Rejection Trump Boys’ Motion for Stay  https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=7VeIswUTaqJ_PLUS_2jqwndUGqQ==&system=prod Fulton County docket https://www.fultonclerk.org/DocumentCenter/Index/142 Chesebro Motion to dismiss https://www.fultonclerk.org/DocumentCenter/View/2159/MOTION-TO-DISMIS-UNDER-THE-SUPREMECY-CLAUSE---CHESEBORO DA Fani Willis letter to Jim Jordan https://s3.documentcloud.org/documents/23941366/jim-jordan-letter.pdf -Support us on Patreon: https://www.patreon.com/law

Okay, so it's an all-Trump episode... but you won't want to miss Liz and Andrew breaking down whether Donald Trump can sever his case from his co-defendants in Fulton County, along with updates on the Trump DC case and the impending disbarment of Trump's little buddy and insurrectionist mastermind, John Eastman. In the Patreon bonus, the duo update you on Day 1 of Trump lackey Pete Navarro's trial for failure to comply with the January 6th Committee's congressional subpoena. Notes Trump DC docket https://www.courtlistener.com/docket/67656595/united-states-v-trump DOJ reply Opp Motion to Vacate https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.49.0.pdf Perry DC Cir docket https://www.courtlistener.com/docket/66700176/in-re-sealed-case/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Willis Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F

Today's show welcomes Georgia criminal defense and appellate attorney Andrew Fleischman to the show to help answer Liz and Andrew's questions about the case against Donald Trump and his criminal enterprise in Fulton County, Georgia.  You might be surprised at some of the things the major news outlets aren't getting right.... Notes DA Fani Willis’s Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F0FC73AC40C5 Chesebro’s Response to Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2152/23SC188947-RESPONSE-TO-STATES-MOTION-KENNETH-JOHNS-CHESEBRO -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

Liz and Andrew tackle the latest right-wing nonsense freakout talking point: that Joe Biden, as Vice-President, used secret email accounts to backchannel his criminal plotting to his son Hunter. Learn how every bit of this claim is complete nonsense as we break down the latest FOIA lawsuit filed by the Southeastern Law center. After that, the two discuss Sidney Powell's hilarious motion to sever her criminal indictment from everyone else in Fulton County, Georgia AND the ongoing saga of Trumpland lawyers and their conflicts. And if all that isn't enough, in the Patreon bonus, Liz and Andrew talk about the most recent developments with Trump lackey Peter Navarro. Notes New York Post story on Biden's emails https://nypost.com/2023/08/29/biden-sent-5400-secret-emails-under-different-pseudonyms/ SLF v. NARA complaint https://storage.courtlistener.com/recap/gov.uscourts.gand.319627/gov.uscourts.gand.319627.1.0.pdf SLF docket https://www.courtlistener.com/docket/67738744/southeastern-legal-foundation-inc-v-

It's our 800th Episode! Surprisingly, Mark Meadows testified at his removal hearing in Georgia, which means that he has likely waived his Fifth Amendment rights against self-incrimination. To understand what happened and why, Liz and Andrew welcome back friend of the show Mitchell Epner. Could this mean that Meadows will flip on Trump -- and if so, when?? Listen and find out! Notes GA v. Meadows federal docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/ Judge Jones order re: supplemental briefing in Meadows https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/ Meadows emergency motion for removal https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.17.0_1.pdf Meadows motion to dismiss on supremacy clause grounds https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.16.1.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  ht

Today, Liz and Andrew tell you everything you need to know about Mark Meadows's efforts to remove the Fulton County, GA RICO indictment to federal court; about Sidney Powell's efforts to demand a speedy trial; and about the rising tension between Donald Trump and the rest of his co-conspirators.   After that, the duo break down the impending ethics crisis in the Southern District of Florida documents retention case, and discuss how Judge Aileen Cannon, FSW, is on the verge of ignoring very real conflicts that could prevent Trump's two co-defendants from getting a fair trial.   Notes Fulton County GA docket https://www.fultonclerk.org/DocumentCenter/Index/142   Georgia v. Meadows removal (federal) docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/   State of Georgia v. Clark (federal removal docket) https://www.courtlistener.com/docket/67713789/the-state-of-georgia-v-clark/   GA v. Latham federal removal docket https://www.courtlistener.com/docket/67730534/the-st

Today is a good day. Liz and Andrew enjoy the string of losses dealt to the Trump criminal enterprise in Fulton County, Georgia and then follow that up with some listener questions! If you wonder why it matters whether Mark Meadows can remove the case to federal court, this show is for you! If you're curious as to why some defendants want a speedy trial while others (*cough* Donald Trump) want to wait a decade, this show is for you! And if you just want to kick back and enjoy the criminal justice system at work, this show is definitely for you. In the Patreon bonus, Andrew and Liz break down the law of severance and discuss whether Trump will be able to get out from his 18 cronies. Notes Fulton County, GA docket https://www.fultonclerk.org/DocumentCenter/Index/142 Georgia v. Meadows removal (federal) docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/ 5 U.S.C. § 7323 https://www.law.cornell.edu/uscode/text/5/7323 -Support us on Patreon: https://www.patreon.com/

Liz and Andrew check in on the latest developments from the Trump indictments in Fulton County, GA with a RICOsplainer and a gaggle of removals; in Washington, DC with a complaint about a Statue of Liberty-sized mountain of discovery; and in the Southern District of Florida with an argument so bad it took Stan Woodward to make it. In the Patreon bonus, the duo tackle yet another chimera bred by Jeff "Oil Spill" Clark. Notes Georgia v. Trump (Fulton County) docket https://www.fultonclerk.org/DocumentCenter/Index/142  State of GA v. Meadows, federal docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc US v. Trump, DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/?order_by=desc  Trump DC Opposition to trial date https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.30.0_4.pdf US v. Trump (SDFL documents) docket https://storage

Liz and Andrew discuss developments in the Fulton County, Georgia indictment with respect to Mark Meadows before welcoming guest Chris Regan to discuss the "two systems of justice" in our country: one for every other criminal defendant, and one for Donald Trump. The interview ends with a discussion of West Virginia politics and the future of Joe Manchin that you don't want to miss! Notes Meadows motion to dismiss on supremacy clause https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.16.1.pdf -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

Liz and Andrew bring you a (mostly) Trump-free show discussing all things Twitter, including the recent sanctions imposed for failure to comply with a search warrant, a lawsuit against the former Twitter lawyers, and a truly oppressive lawsuit designed to deter a charity that's critical of... Elon Musk's policies.   NotesX v. Wachtell, Complaint https://fingfx.thomsonreuters.com/gfx/legaldocs/dwvkdolbxpm/X%20Corp%20v%20Wachtell%20-%2020230705.pdf X v. CCDH Amended Complaint https://storage.courtlistener.com/recap/gov.uscourts.cand.416212/gov.uscourts.cand.416212.10.0.pdf July 20, 2023 X Cease and Desist letter to CCDH https://counterhate.com/wp-content/uploads/2023/07/07.20.2023-Letter-to-Imran-Ahmed.pdf Twitter search warrant trial transcript https://www.dcd.uscourts.gov/sites/dcd/files/23sc31%20Attachment%20A%20-%20Documents%20unsealed%20with%20redactions.pdf New York Times reporting on hate speech on Twitter https://www.nytimes.com/2022/12/02/technology/twitter-hate-speech.html CCDH, T

It's here! Liz and Andrew break down the 41-count, 19-defendant indictment of Donald Trump on state criminal charges in Fulton County, Georgia. Notes Trump Fulton County, GA indictment https://www.politico.com/f/?id=00000189-f730-dc32-ab89-f7fc1f760000 -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

Liz and Andrew welcome back friend of the show Mitchell Epner for an episode dedicated to understanding the right wing's latest distractions, including their bizarre and wrong argument that the DOJ corruptly agreed to funnel a sweetheart deal to Hunter Biden. Find out the truth - including why Hunter Biden's lawyers rejected the plea deal! - in this episode.  You won't want to miss it! -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

We're back to a Trump show as Liz and Andrew break down the latest Trump filing in the Southern District of Florida documents case before moving on to DC to discuss Co-Conspirators 2 and 5, John Eastman and Ken Chesebro, particularly in light of the latest email discovered in which the Cheese suggests everybody ought to do some light criming! Notes  US v. Trump (SDFL documents) docket https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/ SDFL order striking GJ evidence https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.100.0_1.pdf  Trump Objection to Proposed Protective Order https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.104.0.pdf  Eastman motion to stay disbarment https://s3.documentcloud.org/documents/23901160/sbc-23-o-30029-respondents-motion-for-abatement-of-state-bar-disciplinary-proceeding-declaration-of-zachary-mayer.pdf  Trump DC docket https://www.courtlistener.com/docket/67656604/united-state

Yes, you read that correctly. This is a classic OA deep dive, in which Liz and Andrew break down a disturbing sanctions order issued by a Trump-appointed judge in Texas who, all on his own, decided to order Southwest Airlines to fly out a bigot from the Alliance Defending Freedom to teach their lawyers how to be bigots.   It's bad. Notes Geidner substack https://www.lawdork.com/p/judge-orders-adf-religious-liberty-training Carter Amended Complaint https://storage.courtlistener.com/recap/gov.uscourts.txnd.292215/gov.uscourts.txnd.292215.9.0.pdf Carter Jury verdict https://storage.courtlistener.com/recap/gov.uscourts.txnd.292215/gov.uscourts.txnd.292215.348.0.pdf Court Dec. 5, 2022 Order https://storage.courtlistener.com/recap/gov.uscourts.txnd.292215/gov.uscourts.txnd.292215.374.0_1.pdf Southwest email of “Recent Court Decision” https://storage.courtlistener.com/recap/gov.uscourts.txnd.292215/gov.uscourts.txnd.292215.383.2.pdf Southwest Opposition https://storage.courtlistener.com/recap/go

Liz and Andrew compare and contrast procedural motions in both the Southern District of Florida (the document retention case) and the District of Columbia (the conspiracy to overthrow the elections case). What does a motion for a protective order tell us about how Special Counsel Jack Smith intends to prosecute both cases? Listen and find out! In the Patreon bonus, Liz updates us on developments in the E. Jean Carroll trial. Notes US v. Trump (SDFL documents) docket https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/ Cannon 8/7 order striking pleadings https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.100.0_1.pdf TRUMP RESPONSE TO PROTECTIVE ORDER https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.14.0_5.pdf Fed R. Crim. P. 6 https://www.law.cornell.edu/rules/frcrmp/rule_6 OA 788 https://openargs.com/oa788-all-my-conflicts-a-discussion-of-trumps-lawyers-more-feat-mitchell-epner/ -Support us on Patreon