Opening Arguments

Latest Episodes:

OA412: Examining Kamala Harris's Record Aug 14, 2020

Show notes

Joe has made his pick and it's (predictably) Senator Kamala Harris! Andrew is bringing us an extensive, balanced deep-dive into Harris's record in the Senate, as California AG, and as a prosecutor for San Francisco. Rather than try to condense Andrew's extensive notes for this one, I'm linking them. Find his sources here.

Before the main segment we read a listener comment about the census, and later in the episode we bid a fond farewell to Ed Brayton, a friend of the show who passed away this week. Rest in Peace.

OA411: Trump Guilty of Bribery? with Randall Eliason Aug 11, 2020

Show notes

Returning to the show is Randall D. Eliason, a law professor, writer and commentator on corporate and white collar criminal law! We discuss the Flynn case in more depth, as well as a bribery angle on the Roger Stone commutation. Check out Prof. Eliason's Sidebars Blog.

Before that, Andrew has on voting by mail. Nevada has passed a bill AB4 that Trump in challenging in a truly ridiculous way. Find out why!

OA410: NY AG Files to Dissolve the NRA! Aug 07, 2020

Show notes

In a HUGE breaking news story, the New York Attorney General has sought to dissolve the NRA over rampant corruption! The complaint is nearly a couple hundred pages, but our esteemed Andrew has already read it and has the breakdown for us in a truly rapid response Friday! Questions he answers include: what are the alleged facts? Can NY actually do this? Could LaPierre simply re-form the NRA somewhere else? And more!

In the pre-segment, Andrew strongly advocates that you fill out your census! Check out this Statement By Former US Census Bureau Directors.

OA409: Jed Shugerman on Trump's "Unfaithful Execution" of the Oath Aug 04, 2020

Show notes

Jed Shugerman is a Professor of Law at Fordham University. He and his colleague Ethan Leib filed a motion before Judge Amy Berman Jackson regarding Roger Stone's commutation. They argue "that the Constitution limits the pardon power to uses that are in the public interest, not primarily for self-interest, self-dealing, or self-protection." For more information and for links to Jed's law review articles related to these arguments, check out his blog post.

OA408: What Happens When The CARES Act Expires Tomorrow? Jul 31, 2020

Show notes

Today's episode takes a deep dive into the Republican proposal to extend the CARES Act, which is (of course) called the HEALS Act. It's a Republican proposal, so you know it's probably terrible, but... how bad is it? (Bad.) Listen and find out!

Remember that our LIVE Q&A is THIS SATURDAY, 8/1, at 7:30 pm Eastern / 4:30 pm Pacific!

We begin, however, with some good news! The D.C. Circuit has granted en banc review and vacated the prior panel opinion in the Michael Flynn case. That means our amicus brief is (potentially) back in business, baby!

From there, we take down Trump's idiotic distract-o-Tweet of the day involving postponing the 2020 Election. No. He can't do this. It won't happen. Trump's a monster, but no.

Then it's time for a deep dive on the CARES Act, which includes some mystery provisions we've outsourced to you, our listeners!

After all that, it's time for #T3BE, this one a (straightforward?) question about permissible witness testimony. Remember that you too can play along by sharing this episode on social media using #T3BE.

Patreon Bonuses

Lots of goodies, including the Q&A Questions thread and Andrew's "100 Seconds" talk to the UK Skeptics in the Pub!

Appearances

Andrew pops in again for an interview on The Daily Beans. And if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at openarguments@gmail.com.

Show Notes & Links

We broke down why Trump can't cancel the election in detail in Episode 370.
You can click here to read the McConnell HEALS Act proposal; here for the Rubio/Collins proposal we discussed on a second round of PPP loans; and here for the academic research led by Raj Chetty that PPP loans don't work.

-Support us on Patreon at: patreon.com/law

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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki

-Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!

OA407: Trump's Illegal DHS Secretary Jul 28, 2020

Show notes

The very person in charge of Homeland Security is essentially "here illegally." The upside is, though, there is a one weird trick to undo everything he has done while overstaying his tenure! And by "trick" we mean a lengthy A. Torrez deep dive, so tune in!

Before that, we talk about updates in the Flynn case and how the government is LYING about a Federal Rule.

Links: DOJFlynnEnBancReply, 5 US Code § 3346 - Time limitation, 6 US Code § 551 - Transitional authorities, 22 US Code § 9685 - Transitional authorities, 5 US Code § 3348 - Vacant office, National Labor Relations Board v. SW General, The Vacancies Act: A Legal Overview, DHS Under Boss, Trump's New Acting AG Unconstitutional?, Acting Officers and the Federal Vacancies Reform Act, List of Bailfunds

OA406: Fascism in Portland Jul 24, 2020

Show notes

Listeners and co-hosts alike have been wanting Andrew to do a breakdown of the situation in Portland. There are big questions like, for example, how? and WTF? and what can anyone do? Andrew answers these and gives us the timeline of what's led to the Trump administration sending out paramilitary troops to abduct people in unmarked vans, like a totally non-fascist president would do. Before that, we talk about the gun wielding couple from St. Louis who threatened BLM protestors, and how they're totally not going to face any justice for their undeniable crimes because they are white.

Links: OA307: The Census Fight Is Not Over, St. Louis lawyers Mark and Patricia McCloskey, 2005 Missouri Revised Statutes - § 571.030. — Unlawful use of weapons, St. Louis Gun Couple Charged, MO Gov Vows To Pardon Gun Couple, Supreme Court Rules - Rule 5 - Rules Governing the Missouri Bar, Acting Secretary Wolf Condemns Violence In Portland, Portland Fence To Come Down, Portland City Council votes to defund police by $15 million, Executive Order on Protecting American Monuments, Federal Officers Deployed in Portland Didn't Have Proper Training, Man Shot in Face with Rubber Bullet, Portland Roadside Abduction, Ocasio-Cortez to introduce bill requiring federal officers to identify themselves, Terry v. Ohio, 8 USC 1357, 42 U.S. Code § 1983 - Civil action for deprivation of rights, Bivens v. Six Unknown Named Agents, In re Neagle, 18 USC 242

OA405: SCOTUS OKs Execution of Prisoner with Alzheimer's Jul 21, 2020

Show notes

You'll never guess which 5 justices were in the affirmative in this case and which 4 dissented... unless you've ever listened to our show, in which case you'll easily guess. Andrew discusses this decision and why the popular idea that Roberts is turning more liberal is a misconception. We also talk about the latest in Trump v. Vance and when we might see Trump's tax returns or possibly an indictment!

Links: Trump v. Vance Status Report; Purkey Opinion; OA400: No, John Roberts Is Not Your Friend; Roberts Is The New Swing Justice. That Doesn’t Mean He’s Becoming More Liberal; July 2020 Bar Exam: Jurisdiction Information

OA404: Rule of Law Not Found Jul 17, 2020

Show notes

AKA the Roger Stone scandal. Trump has overloaded our ability to be angry and made us swallow outrage after outrage like Joey Chestnut eating hot dogs. But don't worry because Andrew is our Upton Sinclair telling us just what the hell is in these things. This one is a doozy. The Roger Stone commutation is absolutely a scandal, and in a just world would result in a swift impeachment and conviction. Before that, we've got updates on the Flynn case. What's happening there, and will the OA Amicus Brief(s) make any difference? Find out!

Some links: Rule 35. En Banc Determination | Federal Rules of Appellate Procedure; FRAP rule 40; Sullivan Moves for Rehearing En Banc; Local DC Circuit Rules; Trump Uses Pardon Power Differently Than Other Presidents, Scholars Say; Meet the Acting Pardon Attorney; OA90: Pardon Me? Yes, Donald Trump Can Pardon Himself; 7 13 20 Stone Filing Commutation; 28 CFR § 1.3 - Eligibility for filing petition for commutation of sentence; Roger Stone says McCarthy, Stefanik advocated against preelection clemency

OA403: SCOTUS Demolishes Church State Separation Jul 14, 2020

Show notes

While the SCOTUS news last episode was good, this time around it is... not that. We've had a slew of terrible decisions for anyone who believes that taxpayers should not have to fund Christianity. So, like the Founders. To ease the pain a little, we have everyone's top 2 Andrew -- Seidel! He's the Director of Strategic Response at the Freedom from Religion Foundation, an organization we encourage you to support and become a member of!

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