Opening Arguments podcast

Opening Arguments

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 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!

 

#1012

All the President's... Defense Attorneys

OA1089 - Trump's Staff Infection, part 3 plus T3BE48! In this installment of Fashwatch’s continuing review of Trump’s incoming legal team, we take a closer look at what we know about the top spots in his DOJ and some of the other most important lawyers in any Presidential administration: White House counsel, Solicitor General, and the US Attorney for the Southern District of New York.  1. “<a href= "https://www.nytimes.com/2022/08/25/magazine/jones-day-trump.html" rel="noopener noreferrer nofollow">How a Corporate Law Firm Led a Political Revolution,” David Enrich, The New York Times</a> (8/25/22)  Check out the OA <a href= "https://linktr.ee/openingarguments" rel= "noopener noreferrer nofollow">Linktree</a> for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) ! ... Read more

20 hrs Ago

1 HR 08 MINS

1:08:55

20 hrs Ago


#1011

Enter the Gaetz of Hell

OA1088 - Trump's Staff Infection Vol. 2 With special guest Lydia Smith! Matt explains why only lawyers can truly destroy the rule of law before Lydia reviews what Project 2025 has planned for the Department of Justice. We then consider Donald Trump’s intention to make his favorite Florida (Congress)man our next Attorney General without or without Senate approval. Who is America’s Worst Matt, and could this weird loser really be the angel of Trump’s retribution?  1-- <a href= "https://static.project2025.org/2025_MandateForLeadership_FULL.pdf"> Mandate for Leadership, Project 2025</a> 2-- <a href= "https://www.politifact.com/article/2024/nov/15/is-matt-gaetz-accomplished-attorney-digging/"> “Is Matt Gaetz an ‘Accomplished Attorney’?” Louis Jacobsen, Politifact (11/15/24)</a> 3-- <a href= "https://x.com/nayibbukele/status/1815184818683904183?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1815184818683904183%7Ctwgr%5E64f458067dd9f4f7a3afb99eadcfc78dd365f418%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fiframe.nbcnews.com%2FOmePZ8Y%3F_showcaption%3Dtrueapp%3D1"> Nayib Bukele on X: "US Congressmen visit CECOT (Center for the Confinement of Terrorism)</a> 4-- “<a href= "https://www.tampabay.com/florida-politics/buzz/2019/12/12/matt-gaetzs-2008-dui-arrest-resurfaces-after-jab-at-hunter-bidens-substance-abuse-heres-what-happened/">Matt Gaetz’s 2008 DUI arrest resurfaces after jab at Hunter Biden’s substance abuse. Here’s what happened</a>,” Tampa Bay Times (11/15/24)  Check out the OA <a href= "https://linktr.ee/openingarguments" rel= "noopener noreferrer nofollow">Linktree</a> for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) ! ... Read more

18 Nov 2024

54 MINS

54:25

18 Nov 2024


#1010

Trump's Picks Are So Bad He Wants To Subvert His Own Congress. Can He?

OA1087 - We examine how the incoming President and his administration are already breaking the law with his transition team before taking on his announced intention to subvert the Constitution--and his own political party--through an unprecedented clown car of forced recess appointments. From the Defense Secretary the National Guard determined they couldn’t trust with a gun around Joe Biden to the Attorney General who just resigned from Congress to avoid the details of what he has been doing with high school students to the deputy chief of staff who is Stephen Miller, there are plenty of good reasons these freaks might not clear even a Republican Senate. Could this one weird Constitutional trick force them through?  Finally, the world’s richest man wants to tell the federal government how to spend its money. What’s the deal with Elon Musk’s Department of Government Efficiency? 1-- <a href= "https://www.gsa.gov/system/files/2024%20Ethics%20Pledge%20Harris.pdf"> Harris-Walz Transition Team Ethics Plan</a> 2-- “<a href= "https://www.nationalreview.com/bench-memos/will-trump-pursue-bonkers-plan-to-adjourn-both-houses-of-congress/">Will Trump Pursue a Bonkers Plan to Adjourn Both Houses of Congress?</a>,” Ed Whelan, National Review (11/13/2024) 3-- <a href= "https://ethics.house.gov/sites/ethics.house.gov/files/documents/Committee_Rules_for_115th_Congress_FINAL_3-27-2017.pdf"> House Ethics Rules</a> (2024) Check out the OA <a href= "https://linktr.ee/openingarguments" rel= "noopener noreferrer nofollow">Linktree</a> for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) ! ... Read more

15 Nov 2024

1 HR 00 MINS

1:00:58

15 Nov 2024


#1009

Trump's Staff Infection

OA1086 - We're modifying the schedule a little! Introducing fash-watch with Lydia. We're going to keep a very watchful eye on Trump's incoming government. We're starting this week with the EPA Administrator Lee Zeldin and UN Ambassador Elise Stefanik. But don't worry! After that, we're still on with Heather and the regularly scheduled bar exam failure! Make sure to find openargs on Bluesky and play T3BE there! Check out the OA <a href= "https://linktr.ee/openingarguments" rel= "noopener noreferrer nofollow">Linktree</a> for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) !   ... Read more

13 Nov 2024

1 HR 25 MINS

1:25:21

13 Nov 2024


#1008

How Joe Biden Can Go Out a Legend

OA1085 - Matt has put together a preliminary list of things Joe Biden can and should do in the lame duck period. Will he? Let's make him. After that, we examine something that he should absolutely not do courtesy of the aspiring fascists of the National Review. As a little treat. --- <a href= "https://www.npr.org/2024/10/21/nx-s1-5134924/trump-election-2024-kamala-harris-elizabeth-cheney-threat-civil-liberties" rel="noopener noreferrer nofollow">Trump has made more than 100 threats to prosecute or punished perceived enemies," NPR News  (10/22/22)</a> --- <a href= "https://www.nationalreview.com/corner/biden-should-pardon-trump/" rel="noopener noreferrer nofollow">“Biden Should Pardon Trump,” Mark Antonio Wright, National Review</a> (11/6/24) Check out the OA <a href= "https://linktr.ee/openingarguments" rel= "noopener noreferrer nofollow">Linktree</a> for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) ! ... Read more

11 Nov 2024

48 MINS

48:31

11 Nov 2024


#1007

The Luckiest Criminal Defendant in American History

OA1083 - What does it mean to be a legal podcast at a time when the rule of law itself is in play? We reflect on this moment before answering a few patron questions and taking a closer look at the current state of each of the three criminal cases against Donald Trump as of this week. --- [“A Sitting President’s Amenability to Indictment and Criminal Prosecution,] (https://www.justice.gov/file/146241-0/dl?inline) ” DOJ memo dated 10/16/2000.  --- <a href= "https://www.courtlistener.com/docket/68955302/united-states-v-donald-trump/" rel="noopener noreferrer nofollow">Docket for Jack Smith’s appeal of Judge Cannon’s  11th Circuit</a> Check out the OA <a href= "https://linktr.ee/openingarguments" rel= "noopener noreferrer nofollow">Linktree</a> for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) ! ... Read more

08 Nov 2024

51 MINS

51:29

08 Nov 2024


#1006

No, She Didn't 'Lose' 15m Democratic Votes

Hey folks, this is more of an SIO, but I recorded a solo show because I have to debunk this myth about Kamala losing 10-15m Democratic votes. The truth is not at all that. I also have a million other thoughts that I really just want to get out there and that I hope will be helpful. Matt and I will be back on Friday. Also, I'm not charging Patreon for this one since it's on SIO. Thanks. ... Read more

07 Nov 2024

56 MINS

56:44

07 Nov 2024


#1005

We're In Serious Trouble

Hey folks, it's bad. MAGA is on track to win everything. Matt and I got on for some unfiltered, unedited talk. ... Read more

06 Nov 2024

31 MINS

31:27

06 Nov 2024


#1004

What Are the ACTUAL Policy Differences Between Trump and Harris?

OA1083 - the last episode before the election! So Matt thought it would be a great time to give a final round up of the actual policy differences between Trump and Harris. Are these two candidates really any different? Yes. Obviously yes. What a stupid question. First day on Earth or something? Check out the OA <a href= "https://linktr.ee/openingarguments" rel= "noopener noreferrer nofollow">Linktree</a> for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) ! ... Read more

04 Nov 2024

53 MINS

53:25

04 Nov 2024


#1003

When Elon Musk Violates Immigration Law It's Fine Though

OA1082 - Donald Trump recently promised that he and House speaker Mike Johnson have a “little secret” about how they are going to win next week’s election. Is he just trolling, or have Republicans identified real vulnerabilities in our federal election system? We assess the legal realities surrounding one particularly doomerist prediction in The Nation to try to understand just how concerned we really should be. The Washington Post has just revealed that Elon Musk has his own little secret: his numerous past violations of federal immigration law. How much does this matter, and what would happen if ICE received this information about someone who didn’t happen to be the world’s wealthiest person?  Finally, for our dessert course Matt has the scoop on a tasty footnote from this week’s news about how the Librarian of Congress just helped to fix the ice cream machine at your local McDonald’s.   --- “<a href= "https://www.thenation.com/article/politics/little-secret-trump-johnson-election/" rel="noopener noreferrer nofollow">That “Little Secret” Between Trump and Johnson? Here’s What It Could Mean,” Elie Mistal  The Nation</a> (10/29/2024) --- “<a href= "https://www.citizensforethics.org/reports-investigations/crew-investigations/election-certification-under-threat/" rel="noopener noreferrer nofollow">Election certification under threat,” Citizens for Responsibility and Ethics in Washington</a> (8/12/2024) --- “<a href= "https://www.washingtonpost.com/business/2024/10/26/elon-musk-immigration-status/?itid=lk_inline_manual_16" rel="noopener noreferrer nofollow">Elon Musk, enemy of ‘open borders,’ launched his career working illegally,” Maria Sachetti et al, The Washington Post</a> (10/26/24) --- “<a href= "https://apnews.com/article/lifestyle-travel-immigration-migration-election-2020-37dc7aef0ce44077930b7436be7bfd0d" rel="noopener noreferrer nofollow">Melania Trump modeled in US prior to getting work visa,” AP News</a> (11/4/2016) --- “<a href= "https://www.wired.com/story/they-hacked-mcdonalds-ice-cream-makers-started-cold-war/" rel="noopener noreferrer nofollow">They Hacked McDonald’s Ice Cream Machines—and Started a Cold War,” Andy Greenberg WIRED</a> (4/20/2021) --- <a href= "https://public-inspection.federalregister.gov/2024-24563.pdf?utm_campaign=pi+subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov" rel="noopener noreferrer nofollow">“Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies,”</a> U.S. Copyright Office Docket No. 2023-5 (10/28/2024)   Check out the OA <a href= "https://linktr.ee/openingarguments" rel= "noopener noreferrer nofollow">Linktree</a> for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) ! ... Read more

01 Nov 2024

53 MINS

53:57

01 Nov 2024


#1002

Taking Jurisdiction Personally - T3BE 46

It's OA Bar Prep with Heather! First we get the answer to last week's Mario Kart easement question, and then we get question 46 - The Fraudulent Flight to Florida Right now, the best place to play (if you aren't a patron...) is at <a href= "https://www.reddit.com/r/OpenArgs/">reddit.com/r/openargs</a>! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) ! ... Read more

30 Oct 2024

54 MINS

54:12

30 Oct 2024


#1001

A Lot of People Who Don’t Believe in Elections Are Running for Election

OA1081. We're taking a broad survey of the 2024 elections, starting with the many, many 2020 election deniers who are still in--and seeking--public office. How many of these people are still around, and how many are up for re-election? What kinds of threats to democracy are still built into the system and how could we do better? What would real reform look like, and what is it going to take to get there?  --- “ [The Story of Election Denial in America," ElectionDeniers. org] (http://electiondeniers.org) --- <a href= "https://www.supremecourt.gov/opinions/21pdf/21-12_m6hn.pdf" rel= "noopener noreferrer nofollow">SCOTUS decision in FEC v. Cruz for Senate (2022)</a> --- [“Interactive U.S. House Election Map,” 270towin. Com] (https://www.270towin.com/2024-house-election/) --- <a href= "https://www.cnn.com/2024/10/17/politics/2020-fake-electors-serving-as-trump-electors-this-year-dg/index.html" rel="noopener noreferrer nofollow">“At least 30 election deniers and 2020 fake electors serving as Trump electors this year,”</a> CNN (10/17/2024) --- <a href= "https://www.documentcloud.org/documents/25252884-24-60395-decision" rel="noopener noreferrer nofollow">Fifth Circuit’s decision in Lamb v Wetzel</a> (10/25/24) --- <a href= "https://campaignlegal.org/update/comprehensive-look-freedom-vote-act?gad_source=1&gclid=CjwKCAjwyfe4BhAWEiwAkIL8sP9TxCuNt2BEQbDbF3i7Ee7DKcqaelIazT2UsNCoIJIDo5ckZTiXUBoCPhEQAvD_BwE" rel="noopener noreferrer nofollow">“A Comprehensive Look at the Freedom to Vote Act,”</a> Jonathan Diaz, Campaign Legal Center (9/17/21) Check out the OA <a href= "https://linktr.ee/openingarguments" rel= "noopener noreferrer nofollow">Linktree</a> for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at  [patreon.com/law] (https://patreon.com/law) ! ... Read more

28 Oct 2024

44 MINS

44:29

28 Oct 2024