Opening Arguments

Latest Episodes:

A Very Stablecoin Genius May 09, 2025

Show notes

For this Rapid Response Friday, we answer patron questions on everything from how to examine a warrant to why Donald Trump will never be sending anyone to Alcatraz. We also consider just how bad the Supreme Court’s decision to uphold the administration’s ban on trans military service members actually is, how the single biggest financial corruption scandal in Presidential history is happening right now right in front of us, and why the forced departure of the acting DC U.S. Attorney is some of the best news this country has had since January 20, 2025. Also: a surreal Black Mirror-style footnote about the first time a U.S. courtroom has ever heard a victim’s statement in a video made years after his death.

Sample judicial warrant
Sample ICE administrative warrant
Trump’s Crypto Conflict of Interest, Democracy Defenders Fund (4/23/25)
Supreme Court’s order in U.S. v. Shilling (5/8/25)
Project 65’s bar complaint against Acting U.S. Attorney Ed Martin
“The Ed Martin Show,” Jeanette Cooperman, St. Louis Magazine (4/26/2011)

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This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Several Very Good Court Thingies May 02, 2025

Show notes

OA1155 - It's a bad news/good news show, but the good news is very good! But first, the fasch. First, a few more notes on the arrest of Judge Dugan. Then some terrible EOs. One attacking on sanctuary cities. In another, we get a look at what Trump wants to use his literal billion dollars of big law pledges for. And, you know, some other fascisms.

Then the good news! The courts are putting a stop to some major bull shits, including a huge smackdown of Trump's use of the Alien Enemies Act. And this was by a Trump-appointed judge! And Mohsen Mahdawi has been released!

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!

This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Passing the Joint Tenancy May 01, 2025

Show notes

T3BE68 - Professor Heather Varanini returns to spill the beans on how Thomas did for Question 67 before taking us down another Bar prompt.

If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there!

Check out the OA Linktree for all the places to go and things to do!

Trump's FBI Just Arrested a Judge Apr 29, 2025

Show notes

OA1154 - Whatever the stage of fascism is where they start arresting judges for doing their jobs--well, we’re here. We review what we know about the in-court arrest of Milwaukie County Circuit Judge Hannah Dugan last week. Matt then explains exactly what a “sanctuary” jurisdiction is (and isn’t) and how the Trump administration’s promises to aggressively investigate and prosecute state and local officials for non-cooperation with ICE fits into the overall plan of American authoritarianism. We also review ICE’s efforts to engage “force multipliers” via special cooperation agreements with state law enforcement under INA 287(g) and how you can do your part to stop it.

Complaint and supporting affidavit in U.S. v. Dugan (4/24/2025)
AG Bill Barr’s speech to the National Sherriff’s Association in which he promised to investigate and prosecute local authorities who interfered with ICE (2/10/2020)
Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act | ICE (links to Excel docs with state of all current and pending 287(g) agreements)
Pam Bondi’s memo on charging and sentencing policies which shifted DOJ’s focus to immigration enforcement (2/6/2025)

To support the show (and lose the ads!), please pledge at patreon.com/law!

Alito Fails to Understand a Kids' Book — and Other Fascist Mega-Fails of the Week! Apr 25, 2025

Show notes

OA1153 - It's good news Friday! Here are some stories about American fascists losing or otherwise showing their asses in court, including (among others):

The Supreme Court comes through strong for immigrant justice at 1 AM on a Saturday morning
Samuel Alito fails to properly interpret a book written at a fourth grade level after having his Easter ruined by immigrant justice
DOJ accidentally files an embarrassing internal memo into the record
Sarah Palin’s tries and fails to sue the New York Times for libel for the second time
one federal judge stops Trump's attempt to do the SAVE Act through an executive order, while another reverses an ICE kidnapping
Neil Gorsuch does a genuinely good thing for non-citizens through a simple act of textualism
DOJ pulls out one of the most ridiculous excuses for violating a court order in US legal history

Finally, a meta-footnote on why Matt is ready to join the calls to impeach national hero James Boasberg for his radical views on the utility of (what else) footnotes.

Samuel Alito’s dissent in A.A.R.P. v. Trump (4/19/25)
SCOTUS’s decision in Monsalvo-Velasquez v. Bondi (4/22/25)
Vermont federal district court order returning Rumeysa Ozturk to Vermont
Courtlistener docket for D.V.D. v. DHS
Courtlistener docket for American Oversight v. Hegseth

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To support the show (and lose the ads!), please pledge at patreon.com/law!

T3BE67: To Larse or to Burgle? Apr 24, 2025

Show notes

T3BE67 - It's another bar question with Heather Varanini! First we get the answer to last week's very bad and ungrateful father question, and then it's time for our next one! We crown some new winners, and then thank the best winners of all - our patrons!

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!

Meet the Absolute Heroes Behind CourtListener.com Apr 22, 2025

Show notes

OA1152 - We are pleased to welcome Mike Lissner, the Executive Director and CTO of the Free Law Project to discuss his outstanding work in bringing federal court filings out from behind the PACER paywall, how just a few people with good ideas can fill in the gaps left by government services, and why he hasn’t created an Article III Hot or Not with his vast library of judicial portraits (but how you could).

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!

This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org.

Just When We Thought Big Law Could Not Be More Pathetic Apr 19, 2025

Show notes

OA1151 - We’re (kind of) live from New York! Thomas, Matt, and OA regular Liz Skeen meet up in person for the first time on Liz’s home turf to review the state of the law three months into the second Trump administration. We begin with a brief update on some recent developments in Trump’s war against Biglaw before turning to some encouraging developments in two of the most significant federal civil cases of our lifetimes. Finally, Matt cedes today’s footnote to a New York minute from Liz about a welcome legal setback for Andrew Cuomo’s mayoral campaign.

Letters from the U.S. Equal Employment Opportunity Commission sent to major law firms demanding data on DEI hiring policies (3/17/2025)
DC District Court Judge James Boasberg’s 46-page findings of probable cause for criminal contempt against defendants in JGG v Trump (4/16/2015)
Fourth Circuit Judge J. Harvey Wilkinson’s order in JGG v. Trump (4/17/2025)

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!

T3BE66: Drowning in Camera Repair Debt Apr 17, 2025

Show notes

It's Thomas Takes the Bar Exam question 66! Heather's here to break down the answer to T3BE65, and Lydia jumps in (because of reasons we explain in the show) to help us congratulate the winners and tackle the question for T3BE66.

If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there!

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!

DHS Tries to Get Citizen To Self-Deport. The Story Went Viral. Turns Out SHE'S MATT'S LAW PARTNER! Apr 15, 2025

Show notes

OA1150 - Did the Department of Homeland Security really just give Massachusetts-born immigration attorney Nicole Micheroni seven days to leave the US? Matt has the inside (his law office) scoop on this viral story.

Then in today’s deep dive: what if Congress accidentally legalized some THC products seven years ago and no one noticed? We discuss how this unexpected dutchie was actually passed on the right hand side and what, if anything, Congress should do it about it.