927 episodes

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 Opening Arguments Media LLC

    • 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!

    Trump's Attorney Fails To Impeach Witness So Badly He's Forced To Apologize

    Trump's Attorney Fails To Impeach Witness So Badly He's Forced To Apologize

    OA1030: Trump Trial, Week 2, Part 2!
    This episode centers around David Pecker's testimony and it's basically rock solid. Trump's attorneys are desperate, so Mr. Bove goes for the juggler! And then everyone has to explain it's actually "jugular" why in the world would you go for the "juggler?" Why would that be the idiom? In what world are jugglers like, crucial components of anything, at which you would want to go in order to really hurt someone or something? Maybe at circuses? They're arguably not even that important to circuses though, don't they just mess around in between way better acts to try to distract the audience a little?
    I just want to assure people that Matt had nothing to do with these show notes. He hasn't had a stroke or anything, don't worry. It's just that I, Thomas, now answer to NO ONE when it comes to Opening Arguments because.... SURPRISE SHOW NOTES ANNOUNCEMENT Andrew is completely out of OA! The legal bull shit is over! More details inside!
    If you would like to audition to read transcripts on the show in the future, go to https://openargs.com/audition and follow the directions there!
    If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

    • 1 hr 5 min
    Judge Merchan: I Have Nothing BUT Contempt for This Trump

    Judge Merchan: I Have Nothing BUT Contempt for This Trump

    OA1029: Trump Trial, Week 2, Part 1!
    Lordy, there are tapes! Our special coverage of People v. Trump continues, now with readings from Juilliard-trained, Tony-winning actors Thomas and Lydia Smith! (none of that is true except possibly our names.)
    Donald Trump is now the first U.S. President ever to be held in contempt of court. Exactly how criminal is "criminal contempt" in New York, and what does this mean for the rest of the trial? Also, Matt takes us on a fascinating mini-dive on the National Enquirer. It has a very interesting history you might not be familiar with. Then start getting into the trial fireworks. Much more to come! Probably at least 3 parts.
    1) People v. Trump Transcripts
    2) Justice Merchan's contempt order
    3) AMI non-prosecution agreement
    If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

    • 55 min
    Just How Bad Were the Oral Arguments Re: Presidential Immunity?

    Just How Bad Were the Oral Arguments Re: Presidential Immunity?

    Episode 1028
    Can a former President of the United States be prosecuted for trying to overturn a democratic election? The Supreme Court just spent two hours and forty minutes (!) hearing a case in which they were supposed to be reviewing this simple question and Donald Trump’s claims of total immunity. We review the last oral argument of this term and try to cut through the bad faith, irrelevance, and misdirection to understand what is actually happening here and where it all might be going.
    DC Trump indictment (8/1/23)
    Government’s brief in Trump v. U.S
    Trump’s brief in Trump v. U.S.
    CSPAN’S complete bookmarked SCOTUS oral arguments in Trump v. U.S. (4/25/24)
    If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

    • 1 hr 10 min
    Your Guide to The People v. Trump

    Your Guide to The People v. Trump

    As the first week of the first criminal trial of a former President in U.S. history wraps up, we prepare for our special coverage of People v. Trump by stepping back to remember how we got here. Why is Donald Trump being prosecuted for paying off Stormy Daniels, anyway? Who are all of these people? How good is the prosecution’s case, really? And what can we expect from the defense? 
    We also answer a few patron questions about the trial, after which subscribers will enjoy a dramatic rendition of the best bit of this week’s gag order violation hearing: Trump attorney Todd Blanche’s struggle to convince the court that his client’s retweets are not, as a matter of law, endorsements. 
    PATRON EXTRA! Beginning now, Patreon subscribers will enjoy longer episodes with special bonus content as part of our special coverage of People v. Trump: Thomas and Matt’s readings from our  favorite parts of the daily trial transcripts. Subscribe at www.patreon.law/law for the good stuff!
    Indictment and Statement of Facts, People v. Trump (4/4/2023)
    New York jury instructions for Falsifying Business Records in the First Degree (NY Penal Law 175.10)
    Justice Merchan’s ruling on Trump’s Motion to Dismiss (2/15/24)
    Daily trial transcripts in People v. Trump
    If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

    • 54 min
    The Trump Trial Is On, and Lordy There Are Transcripts!

    The Trump Trial Is On, and Lordy There Are Transcripts!

    Episode 1026
    The transcript is in! The first official written record from the first trial of a former President in U.S. history was just released hours before recording, and we dig in for a first look from the first full day of proceedings (Monday April 23rd) to find out which of the 45th president's many misdeeds the court ruled that prosecutors will be allowed to bring up during cross-examination. We also indulge in some dramatic readings of each party's opening statements, and discuss what we can learn from them about the Manhattan DA's case and Trump's defense to 34 felony counts of falsifying business records. Much more to come!
    We then check back on last week's round of Thomas Takes the Bar Exam to see how Thomas did on questions about a thieving magician and a lying philanthropist before turning to this week's challenge: an arsonist who doesn't understand how fire works.
    1. People's Sandoval Notice filed 4/17/24
    2. Transcript of proceedings in People v. Trump on 4/23/24
    If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

    • 1 hr 3 min
    Did The Supreme Court Just Make Protest Illegal In 3 States?

    Did The Supreme Court Just Make Protest Illegal In 3 States?

    Episode 1025
    Today we take on two law stories the media have been getting wrong recently.
    1) Did the Supreme Court just "end the right to protest in three states"? We go beyond the headlines to better understand Justice Sonia Sotomayor's denial of certiorari in a negligence suit brought against Black Lives Matter organizer Deray McKesson by a police officer injured during a BLM protest in Baton Rouge.
    2) Biden's border. The impeachment of DHS Secretary Alejandro Mayorkas ended last week in the Senate before it ever began, but the lies, misinformation, and terrible reporting which fueled it are only getting worse. Matt breaks down what people who complain about Joe Biden's "open-border policies" are actually saying before getting into the facts. How do Trump's enforcement metrics compare to Biden's? How has a commitment to actually abiding by basic due process and our international and domestic obligations to people seeking protection for persecution been spun into "lawlessness at the border"? And what even are Biden's border policies anyway?
    1) Justice Sonia Sotomayor's order denying certiorari in McKesson Doe (4/15/24)
    2) Articles of impeachment passed by the House against DHS Secretary Alejandro Mayorkas (Dismissed by the Senate on 4/16/2024)
    3) Data Show Trump Would Have Released as Many Border Crossers as Biden, David Bier, Cato Institute (1/5/2024)
    4) The Biden Administration’s Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: An Overview, American Immigration Council (10/21/2023)
    5) 126 Parole Orders over 7 Decades: A Historical Review of Immigration Parole Orders, David Bier, Cato Institute (7/17/2023)
    If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

    • 58 min

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