Opening Arguments

Today's episode is the second half of our double-length episode in which we tackle your questions about the coronavirus and the law. If you haven't listened to Episode 370 (Part 1) first, go check that out! We tackle: The extent of federal and state powers during emergencies, including the National Emergency Act, 50 U.S.C. Ch. 34 , the Stafford Act, 42 U.S.C. § 5121 , and 42 U.S. § 264 ; And we co...

Today's episode begins with a discussion of the recent dismissal of charges by the Department of Justice against Concord Management & Consulting, LLC (and Concord Catering) with prejudice. Is this another example of Attorney General Bill Barr's meddling? We explain that it... probably... isn't. Probably. After that, it's time for the first part of a double-length episode in which we tackle your qu...

Today's episode features two deep dives: first, we have an interview with David Williamson of the Central Florida Freethought Community to discuss their successful (!) five-year lawsuit to permit humanist, atheist & non-clergy invocations before the Brevard County council meetings. Find out how this case developed and learn some strategies for successful grass-roots activism even in the age of Tru...

Today's episode continues our discussion from Episode 366 on the political, criminal, and civil legal issues surrounding coronavirus and COVID-19 in the United States, including whether the CDC has the authority to waive the fees associated with testing for the virus (they do!) and how this is going to affect civil society (badly). You won't want to miss it -- and you'll be stuck inside your house...

Today's episode is a continuation of Part 1 , in which we discuss Damien Riehl and Noah Rubin's "All the Music" project and the history and future of music copyright. We've got a special treat for you in that Damien and Noah are both on the show to answer our (tough!) questions. You won't want to miss this fun discussion! We begin, however, with a listener question/comment about attending law scho...

Today's episode breaks down force majeure clauses in contracts and takes a look at what might happen in the next few weeks as the world prepares to deal with COVID-19 coronavirus. Along the way we also tackle the news of the week, including the baffling decision out of the DC Circuit not to require Don McGahn to testify. You won't want to miss this episode! We begin, however, with some recurring V...

Today's episode brings you our first look at the efforts by Damien Riehl and Noah Rubin to copyright "every melody ever" as part of a way of reconceptualizing copyright law as it applies to music. SPOILER: We're going to have Riehl and Rubin on the show to discuss their work in more depth. We also discuss Chevron deference and a recent dissent by Clarence Thomas that's No Laughing Matter. We begin...

Today's episode takes a deep dive into the just-filed briefs in the Trump v. Mazars litigation pending before the Supreme Court regarding the legitimacy of the House's subpoenas for Trump's tax returns. Is the law on the House's side? (Yes, yes it is.) Are we confident that the Supreme Court will rule the right way in a case this bad? (Maybe?) In any event, you'll want to listen! Announcements Don...

Today's episode brings you some good news from the 11th Circuit Court of Appeals with respect to Florida's effort to restore the vote to felons who have completed their sentences -- and the Republicans' ongoing efforts to stop it. We also revisit the emoluments clause litigations pending in two jurisdictions as well as tackle a novel question from one of our listeners. You won't want to miss it! W...

Today's episode takes a deep dive into the history and contemporary use of the Presidential pardon power in light of President Trump's decision to pardon and/or commute the sentences of 11 various and sundry monsters. We figure out exactly what the power was supposed to mean and what it means today. We start off with some pre-show teasers. After that, our "A" segment looks at the basics of the Nev...

Make sure to subscribe to the YouTube Channel ! Today's episode features a quick Andrew was... something segment about the ERA. Then we talk about the recent ruling in an emoluments case against Trump. Was it devastating or was it expected? Listen and find out! Then we tackle some great listener questions at the end.

Today's episode covers the "Tuesday Afternoon Massacre," in which Donald Trump's tweets prompted his sycophantic Attorney General, William Barr, to overrule career prosecutors and file a "Supplemental and Amended Sentencing Memorandum" reversing the government's position from literally the day before in order to urge leniency on convicted criminal Roger Stone. We begin, however, with a less-than-e...

Make sure to check out our YouTube video and subscribe to the channel! https://www.youtube.com/watch?v=Jh69ZSnZzc4&t=1s Today's EXTRA LONG episode breaks down the recent ratification of the Equal Rights Amendment (ERA) by the State of Virginia. Since that's the 38th state (more than 3/4ths of the states), and the ERA also passed the Senate and the House of Representatives by more than 2/3 margin.....

Today's episode takes place in the aftermath of the Trump impeachment sham. We take a minute to heap praise on Sen. Mitt Romney, who had the courage of his convictions, before delving into the obvious fact that this president is now empowered to seek revenge on his enemies, starting with the State of New York. Can he really prevent New Yorkers from using Global Entry? Before that, we have to cover...

We're on for a bonus pod talking about the bungled Iowa Caucus.

Today's episode features an in-depth interview with investigative journalist and prolific blogger Marcy Wheeler (a.k.a. emptywheel ), who has a novel take on Lt. Gen. Michael Flynn who, as our listeners know, fired Covington & Burling, hired a loon, and has tried to withdraw his guilty plea. Marcy tells us what she thinks this means! We begin with a bit of analysis and some kind words from a liste...

Today's episode tackles six questions raised during the first day of cross-examination at the impeachment of President Trump and gives you the real answers, from a legal point of view, minus the spin (on both sides)! We tackle the standard for impeachment, past judges who have been impeached, the will of the Framers, and much, much more! ----- Remember that Alan Dershowitz has challenged Andrew to...

Today's episode breaks down the (spoiler: ridiculous) defamation lawsuit filed by Tulsi Gabbard against Hillary Clinton for calling her (sort of) a "Russian asset." We do the patented Opening Arguments reading-the-complaint-backwards method (sort of) to figure out exactly what this means and what comes next. We begin, however, with some instant response to the Saturday Republican "defense" of Trum...

Today's episode won't be a surprise; we're tackling all the developments in the impeachment trial of Donald J. Trump, including a deep dive into the trial brief filed by his cadre of (terrible) lawyers that alleges a strange new legal defense: "duplicity." Figure out what it all means & why there's so much reason to hope on today's show! We begin with a letter a listener received from Sen. Todd Yo...

Believe it or not, Congress apparently does occasionally pass laws still. One such law is the SECURE Act. The stated goals of the legislation involve trying to improve the retirement plans and options for Americans who are struggling to save enough. But was the legislation well-written or will there be unintended consequences? We've got Phil Ferguson of Polaris Financial Planning and host of the P...

Today's episode is one big Andrew Was Right! As we predicted, the House transmitted the Articles of Impeachment to the Senate this week, and we unpack all of this week's news in connection with impeachment, including the new GAO report on the Impoundment Control Act, the testimony from Lev Parnas, and much, much more. By the end of this super-sized episode , we'll also give your our predictions as...

Chris Armitage is running for the House in Washington's 5th District against Trump devotee Cathy McMorris Rodgers!

Here's the extra bonus we promised you! As always, Andrew is terrible at lightning rounds so we might not have gotten to the quantity of questions that we'd hoped, but the quality is fantastic and as always, you'll learn a ton!

Today's episode takes on (some of) the two biggest pending news stories right now: (1) the U.S. assassination of Iranian Gen. Soleimani, and (2) the pending impeachment of President Trump. Oh, and we also cover a bunch of other things along the way, including the latest CNN settlement regarding the kid from Covington Catholic, and, well, you'll just have to listen to find out everything! We begin...

Today's show features an interview with American Atheists’ National Legal and Policy Director Alison Gill! American Atheists has just released their 2019 State of the Secular States Report, which you can find here . With how much the Trump Administration and the Christian Right have tried to enshrine conservative Christianity into our nation's laws, American Atheists has worked hard to bring us th...