Opening Arguments

Opening Arguments Media LLC
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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!

  1. HACE 1 DÍA · CONTENIDO EXTRA

    So... I guess DoJ needs to arrest itself for releasing CSAM in the latest Epstein files?

    E21 - CONTENT WARNING / TRIGGER WARNING: references to child sex abuse, child  sex abuse  materials, survivor accounts Watch this episode on YouTube! The Epstein Files have been released--or have they? Days after the Department of Justice’s delayed and poorly-redacted release of millions of new documents connected with the world’s most infamous sex trafficker, we sit down for a first look at what is (and isn’t) in here. We begin with Deputy Attorney General Todd Blanche’s attempt to fight for the right to party with Jeffrey Epstein before evaluating the DOJ’s efforts to comply with its Congressional mandate to release the files more than a month after they were supposed to. We also look at a heartbreaking journal from an anonymous survivor to  try to understand before Matt pulls out some selections from keyword searches which implicate Elon Musk, mega-financier Leon Black, magician David Copperfield,  sitting Secretary of the Treasury Howard Lutnick, former Obama administration lawyer Kathy Ruemmler, and many more.  Also: what to make about the wilder allegations you may have heard involving Donald Trump, and what it means to “be in the Epstein files” at all. NEXT TIME: the most disgusting plea deal in American history somehow gets… worse?  Epstein Files Transparency Act, PL 119-38 (11/19/2025) Epstein Library search page, DOJ.gov (CW/TW) Anonymous survivor’s  journal, removed from DOJ Epstein Library but backed up to Archive.org on 2/1/26 (CW/TW)

    1 h y 27 min

  2. HACE 3 DÍAS

    Gavel Gavel - Liz Skeen on Luigi Mangione's Case WITH 1/30 RULINGS UPDATE

    OA1232 - Hey OA-ers, this episode was a Gavel Gavel bonus, but we wanted to be sure everyone was updated on what's going on with the Luigi Mangione trials. New York public defender Liz Skeen is here to break it all down! And since the judge made some rulings on 1/30, I've got an update for ya! Check out the OA Linktree for all the places to go and things to do!

    57 min

  3. HACE 6 DÍAS

    All of a Sudden SCOTUS Cares About the Real World Effects of Their Decisions

    OA1231 - The DHS funding battle is important, but really can't accomplish what you might hope it can. When it comes to the Fed, ALL OF A SUDDEN the court cares about the real world effects of their decisions. And a figure skating related footnote!

    58 min

  4. 28 ENE

    The Complicated Web of Immunities That Makes Accountability So Difficult, Part 2

    Part 2 of 2. OA 1230 - Seeing all the obstacles to holding government officials accountable, Congress created Section 1983, allowing citizens to sue for money damages for violations of their civil rights. We cover how that works, the one weird trick it uses to get around state sovereign immunity, and how that accidentally created the infamous qualified immunity doctrine that has made police seemingly unaccountable. We also discuss proposed reforms that might fix issues of qualified and sovereign immunity. 42 U.S.C § 1983 Pierson v Ray, 386 U.S. 547 (1967) Graham v Conner, 490 U.S. 386 (1989) Pearson v Callahan, 555 U.S. 223 (2009) Kisela v Hughes, 584 U.S. 100 (2018) Barnes v Felix, 605 U.S. 73 (2025) Barnes v Felix, 138 Harvard L. Rev. 291 (2025). Julia Yoo, The Problem with Policing in the United States, ADVOCATE (Feb. 2021). David J. Ignall, Making Sense of Qualified Immunity: Summary Judgment and Issues for the Trier of Fact, 30 Cal. W. L. Rev. 201 (1994). (NOTE: Good review for basics, but note the date!) Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) Egbert v Boule, 596 U.S. 482 (2022) S. 122 Qualified Immunity Act of 2025 119th Cong. (2025) S. 3186 Constitutional Accountability Act 119th Congr. (2025) H.R. 6091 Bivens Act of 2025 119th Congr. (2025) H.R. 4944 Ending Qualified Immunity for ICE Agents Act 119th Congr. (2025) Qualified Immunity Abolition Act of 2026 (no bill number assigned yet) Gelinas, S. (2026, January 18). Markey, Pressley renew push to end qualified immunity after ICE shooting death. Athol Daily News. Check out the OA Linktree for all the places to go and things to do!

    1 h y 11 min

  5. 26 ENE

    The Complicated Web of Immunities That Makes Accountability So Difficult

    Part 1 of 2. OA 1229 - What happens when a government worker does you wrong? How is it different to prosecute and sue them? When does qualified immunity come in to play? We discuss the steps involved in prosecuting and suing someone for a simple battery, and how that differs for a regular person versus a state actor. We cover how and when defenses can be raised, federal and state sovereign immunity, suing in official versus personal capacity, the difference between absolute and qualified immunities, and the ways this will apply differently to criminal prosecution versus civil litigation. Siegell v Herricks Union Free School District, 7 AD3d 607 [2d Dept 2004] (Elements of civil battery in NY) N.Y. Penal Law § 120 (NY criminal “battery”) Fla. Stat. § 776.032 (Florida self-defense as an affirmative defense and immunity) Ohio Rev. Code § 2901.05 (Ohio self-defense as a standard defense) N.Y. Penal Law § 35 (NY justification defenses) Roger Fairfax, The Grand Jury’s Role in the Prosecution of Unjustified Police Killings - Challenges and Solutions, 52 Harvard Civil Rights-Civil Liberties Law Review 397 (2017). Michael Gentithes, Harvesting the Grand Jury’s “Lay Expertise” in Officer-Involved Shootings, U. Ill. L. Rev. 989 (2025). In re Neagle, 135 U.S. 1 (1890) Gregory C. Sisk, A Primer on the Doctrine of Federal Sovereign Immunity, 439 Okla. L. Rev. 58 (2005). 28 U.S.C. § 2680(h) Miles McCann, State Sovereign Immunity, National Association of Attorneys General (Nov. 11, 2017) State Sovereign Immunity - Generally, Interstate Commission for Juveniles, https://www.juvenilecompact.org/bench-book/chapter-6-1 Ex Parte Young, 209 U.S. 123 (1908) Scheuer v. Rhodes, 416 U.S. 232 (1974) Moor v. County of Alameda, 411 U.S. 693 (1973) O’Shea v Littleton, 414 U.S. 488 (1974) Judicial Immunity at the (Second) Founding: A New Perspective on § 1983, 136 Harvard L. Rev. 1456 (2023). 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!

    1 h y 3 min

  6. 23 ENE

    Greenland Is Ice and ICE Is Nazis

    OA1228 - On this week's Rapid Response Friday: we take on all of your legal questions about this whole Greenland thing--including how a 1916 diplomatic treaty with Denmark also enabled some of Jeffrey Epstein’s worst crimes. Also discussed: what it took to finally force Lindsay Halligan to stop telling everyone that she was the U.S. Attorney for the Eastern District of Virginia, and how a Minnesota judge designed her unique order to protect Minneapolis protesters and observers from ICE’s lawless violence. Finally, in today’s footnote: is it enough that McDonald’s can promise that their most elusive sandwich is “100% pork”? We dig into a recent lawsuit over the McRib to see if there is any meat on the bone. The US-Denmark Defense of Greenland Agreement (1951) “How Congress Can Preserve NATO and Greenland: Using 22 USC 1928f to Protect the Peace,” Alberto J. Mora,  Just Security (1/16/2026) Judge Novak’s order officially striking Lindsay Halligan’s appearance from the record and requiring that she stop “masquerading” as the U.S. Attorney for the Eastern District of Virginia (1/20/2026) Tincher v. Noem docket Judge Menendez’s preliminary injunction in Tincher v. Noem (1/16/2026) Complaint in Lynch et al v. McDonald’s, Eastern District of Illinois (12/25/2025) Check out the OA Linktree for all the places to go and things to do!

    46 min

  7. 21 ENE

    Silky Shah has been fighting ICE for its entire existence

    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!

    1 h y 3 min

  8. 19 ENE

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

    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!

    1 h y 2 min
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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!

Información

  • Creador
    Opening Arguments Media LLC
  • Años de actividad
    2016 - 2026
  • Episodios
    1.2 k
  • Clasificación
    Explícito
  • Mostrar sitio web
    Opening Arguments

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