Opening Arguments

Opening Arguments Media LLC
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!

  1. 10 ENE

    Trump Has His Own Entire Genre of Law Now

    OA1110 - For the first time in US history, an American President (both former and future) is facing criminal sentencing. We review Judge Juan Merchan’s most recent ruling on Donald Trump’s motion to dismiss his conviction for 34 felony counts of falsifying business records and the difficult balance that Merchan has struck in trying to weigh the jury’s verdict and the rule of law itself against the fact that the defendant will be ten days away from regaining the nuclear codes as of the time of his scheduled hearing.  We also review Aileen Cannon’s recent probably-illegal desperate order to try to stop special counsel Jack Smith’s report on Trump’s many federal crimes from going public before trying to understand why Democrats would even consider signing on an extremely hard-right immigration bill which can only help to fuel  Trump’s mass deportation machine. How will the Laken Riley Act allow undocumented people to get away with nearly any theft offense, and give state AGs broad power over national immigration policy?  Matt then drops a quick footnote on the questionable state of Rudy Giuliani’s physical, mental, and legal health as two different federal judges consider just how contemptuous he has become before we circle back for some late-breaking updates in both of this episode’s Trump stories. Docket for Trump v. US (SD FL) NY Judge Juan Merchan’s ruling denying Trump’s motion to dismiss and scheduling sentencing for 1/10/25 (1/3/25) Trump’s application for a stay of sentencing to the US Supreme Court (1/7/25) SCOTUS ruling on Trump’s application for stay of sentencing (1/9/25) Full text of the Laken Riley Act, H.R. 29 (introduced 1/5/25) Rudy Giuliani’s sworn declaration confirming that he will be attending contempt proceedings in DC federal court (1/9/25) Check out the OA Linktree 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!

    1 h y 10 min
  2. 6 ENE

    The Lawyers Behind 1/6 Are Trying to Rewrite History. We Can't Let Them.

    OA1108 - A Coup in Search of a Legal Theory We commemorate the fourth anniversary of the January 6, 2021 insurrection by remembering the two elite lawyers who bear significant personal, moral, and legal responsibility for one of the single worst days in US political history. The bad-faith legal cover Kenneth Chesebro and John Eastman provided for the “Stop the Steal” movement in the months leading up to MAGA’s violent insurrection would ultimately result in nine deaths, hundreds of injuries, and the initiation of more than 1500 federal criminal cases--but Eastman and his MAGA allies are already trying to rewrite that history in front of us. We push back in this special episode, with more to come. SS chief Reinhart Heydrich’s official memo authorizing and regulating the  Kristallnacht “demonstrations” targeting the property of German Jews (11/10/1938) January 6th House Select Committee’s final report (and supporting evidence) Fake elector records submitted to the National Archives (via FOIA by American Oversight) Cleta Mitchell email requesting that John Eastman write a memo for a “movement” which needs “Constitutional support” (11/5/20) John Eastman’s first “draft” memo (12/24/20) John Eastman’s second memo (early 2021) Kenneth Cheseboro’s NY disbarment ruling (10/31/24) Record of John Eastman CA disbarment proceedings Kenneth Cheseboro December 9, 2020 memo John Eastman’s speech at January 6, 2021 “Stop the Steal” rally Jack Smith’s Motion for Immunity Determination (with complete supporting brief) in Trump v. US outlining all of the many ways that Trump knew there was no fraud in the 2020 election and the entire fake elector scheme DC federal indictment of Donald Trump for conspiring to overturn the 2020 election (8/1/2023)   Check out the OA Linktree 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!

    58 min
  3. 3 ENE

    SCOTUS Fast-Tracks TikTok Case; Trump Files Nonsense Amicus Brief

    OA1107 - Chief Justice John Roberts has used his annual end-of-the-year report to remind us that federal judges should not accept luxury vacations from billionaires, fly insurrectionist flags on any of their properties, or ever be criticized for any reason. Or, you know--at least one of those things. We also answer a patron question about what happens if Republicans can't get their House in order by the time that electoral votes are supposed to be certified on January 6th before getting to today's main story: the very real possibility that TikTok may not live to see the first day of the second Trump administration if the Supreme Court allows current law barring it from doing business in the US to take effect on January 19th. How could the US government shutting down one of our nation's favorite new ways to communicate not constitute a massive First Amendment problem? Why did a majority of Congressional Democrats, the Biden administration and pre-election Donald Trump all agree that TikTok is a threat to national security? And when is Matt going to finally release his signature TikTok dance video? We answer two of these questions before dropping a quick footnote to look back on a stupid Congressperson's idea of a smart person's legal argument in support of overturning a democratic election. DC Circuit decision in Tiktok v. Garland (12/6/24) “What If Free Speech Means Banning TikTok?,” Alan Rozhenstein, The Atlantic (12/13/24) Redacted transcript of U.S. intelligence briefing to House Energy and Commerce Committee on March 7, 2024 filed with DC Circuit ACLU amicus brief in Tiktok v. Garland (12/27/24) Donald Trump’s amicus brief in Tiktok v. Garland  (12/30/24) Protecting Americans From Foreign Adversary Controlled Applications Act (signed into law 4/24/24) “2024 Year-End Report on the Federal Judiciary,” John Roberts (12/30/24)   Check out the OA Linktree 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!

    54 min
4.3
de 5
3,496 calificaciones

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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!

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