Opening Arguments

On the day that Ron DeSantis dropped out of the Republican presidential primary and endorsed his personal bully, Donald Trump, Liz and Andrew cover two stories that could impact the 2024 presidential election. First, we tackle the centrist group "No Labels" request that the Civil Rights Division of the Department begin a criminal RICO investigation into... people who don't like the centrist group...

Liz and Andrew dive deeply into Alina Habba and Michael Madaio's efforts to cross-examine E. Jean Carroll and her expert, Dr. Ashlee Humphreys. Plus much, much more! Notes Ameriekalinje v. Sun P. P. Assn, 226 N.Y. 1 (1919) https://casetext.com/case/norske-ameriekalinje-v-sun-p-p-assn Justice Manual 9-5.000 https://www.justice.gov/jm/jm-9-5000-issues-related-trials-and-other-court-proceedings -Supp...

After a roundup including the first day of the E. Jean Carroll trial, Liz and Andrew break down the latest SpaceX lawsuit and discuss what it might mean for the future of collective bargaining. Notes Nathan J. Robinson, researcher, Current Affairs , “Surely We Can Do Better Than Elon Musk,” April 7, 2021 https://www.currentaffairs.org/2021/04/surely-we-can-do-better-than-elon-musk S. Derek Turner,...

Today, Liz and Andrew document Donald Trump's latest (failed) shenanigans in the E. Jean Carroll defamation trial set to begin in New York on Tuesday. Then, they break down in depth the motion to disappear the Fulton County, GA indictment on the grounds of DA Fani Willis's alleged relationship with special prosecutor Nathan Wade. Notes Trump DC Docket h t t p s : / / w w w . c o u r t l i s t e n...

Liz and Andrew describe the truly audacious plan cooked up by Trump and his counsel to disrupt his fraud trial's closing arguments. Then, the two break down a recent TRO entered prohibiting Ohio's social media ("anti-TikTok") law from going into effect. Notes Pew Media Poll https://www.pewresearch.org/short-reads/2023/10/31/81-of-us-adults-versus-46-of-teens-favor-parental-consent-for-minors-to-us...

"So, I understand your answer to be that if the President uses Seal Team Six to assassinate his political rival, and he hasn't been impeached and convicted by the Senate, he can't be prosecuted." That really happened. Liz and Andrew break down yesterday's pivotal argument before the Court of Appeals of the DC Circuit as to whether Donald Trump has immunity from prosecution for his efforts to steal...

In this Trump-free episode, Andrew and Liz break down the civil trial of the National Rifle Association beginning TODAY in New York. No, the NRA isn't going to be dissolved, but yes, they could be hit with a ton of restrictions & some bad actors could be forced to fork over a ton of money, so you'll want to follow this story. Then, the duo tackle the passage of  Steamboat Willie into the public do...

Liz and Andrew break down an entirely new argument being advanced by Trump's allies to get him back on the Colorado ballot. Will it work? Listen and find out! Then, the duo break down the latest barrage of nonsense filings in DC. Notes Colorado state court ruling https://www.courts.state.co.us/userfiles/file/Court_Probation/02nd_Judicial_District/Denver_District_Court/11_17_2023%20Final%20Order.pd...

Our first episode of 2024 is a Good News episode! First, Liz and Andrew break down a new argument that might get everything back on track in Trump's DC prosecution.   Then, the duo unpack a recent ruling enjoining Iowa's anti-LGBTQ book ban.   Notes T rump DC per curiam order h t t p s : / / s t o r a g e . c o u r t l i s t e n e r . c o m / r e c a p / g o v . u s c o u r t s . c a d c . 4 0 4 1...

After speedrunning the Year in Trump, Liz and Andrew share their favorite legal stories of 2023.   Notes MN state supreme court ruling in  G r o w e v . S i m o n h t t p s : / / s 3 . d o c u m e n t c l o u d . o r g / d o c u m e n t s / 2 4 1 3 8 7 8 4 / o r d e r - d i s m i s s - n o t - s t i p u l a t e d - e n t i r e - c a s e . p d f ME SOS determination re: Trump h t t p s : / / s 3 ....

As we wind down 2023, Liz and Andrew bring you an entirely Trump-free, New Year's Eve-themed show!   First, the two discuss legal weed, President Biden's pardon, and what the future holds for those who like to smoke.   Then, Liz and Andrew discuss the legal minutiae of the Ninth Circuit's reversal of the conviction of Rep. Fortenberry (pictured). Ever wanted to know the difference between venue an...

Liz and Andrew break down what the latest decision by the Colorado Supreme Court means, how it will take effect, and how a court that claims to be devoted to textualism and originalism will grapple with arguments aimed squarely at their wheelhouse. You know you want it!   In the A segment, they also break down Trump's latest efforts to convince the Supreme Court to move really, really slowly.   No...

Liz and Andrew of course recorded this show before the big Colorado Supreme Court decision, but rest assured that breakdown is coming!   In this episode, Liz and Andrew discuss Trump's hapless legal filings across multiple jurisdictions before diving deeply into a surprising decision from the very conservative 11th Circuit regarding the scope of the federal criminal removal statute. What does it a...

Liz and Andrew react to the $148 million defamation verdict against Rudy Giuliani by pollworkers Shaye Moss and Ruby Freeman before tackling the latest barrage of motions to dismiss filed by Hunter Biden's lawyers in the Delaware gun charge case. If you need to cut through some right-wing nonsense over the holidays, this is the episode for you! Notes DOJ Order No. 5730-2023 appointing Weiss https:...

Liz and Andrew continue to cover a bunch of stories with the connected theme of how to push back against Donald Trump's efforts to use anything and everything to postpone his criminal trials. Also, there's rare good news regarding the Supreme Court and its refusal to grant certiorari in Tingley v. Ferguson , meaning that Washington state's law prohibiting conversion therapy stays in place. All tha...

Liz and Andrew welcome back friend of the show Kel McClanahan to tell us about an oral argument at the US Court of Appeals for the DC Circuit that you can and should attend in an effort to get the Senate Intelligence Committee’s full report on torture during the Bush administration released to the public! Then, Liz and Andrew break down what’s really going on with the Hunter Biden tax indictment....

Liz and Andrew tackle John Eastman's brief in his disbarment hearing arguing that the 2020 Presidential election was in fact stolen. It was not. In the A story, Andrew and Liz walk through Trump's latest efforts to invade the secrecy of confidential documents in the Southern District of Florida. Notes Moore v. Harper https://scholar.google.com/scholar_case?case=3002636935552946163 PA SOS final rep...

Liz and Andrew unpack the two recent decisions on Presidential immunity. What does it mean for the civil and criminal cases against Donald Trump?   But first, the duo unpack a recent Rule 404 filing by Special Counsel Jack Smith that reveals some (more) disturbing details of how Trump planned to hijack the 2020 Presidential election.   In the LONG Patreon bonus, Andrew and Liz parse through some s...

Liz and Andrew embark on a deep dive into a set of truly wild accusations against Trump's go-to lawyer, Alina Habba, who's accused of manipulating a young server into signing an illegal and one-sided settlement agreement to benefit Donald Trump's Bedminster golf course.    Was this really Alina Habba's audition to be the next Michael Cohen? Find out why this case matters and what's coming next!  ...

Liz and Andrew bring you a trio of stories: first, the New York appellate court reinstated the gag order on Donald Trump, prohibiting him from attacking Justice Engoron's staff.  Next, learn how Hunter Biden outmaneuvered the GOP buffoons in Congress. Finally, geek out on the Supreme Court docket with Munsingwear ! In the Patreon bonus, the two break down whether Trump has been able to sneak asset...

Liz and Andrew dissect Trump's latest request for additional discovery in the DC indictment before analyzing Rudy Giuliani having found the one thing he fears more than Judge Beryl Howell: a jury of his peers! Notes Trump Motion for Discovery https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.167.0.pdf Trump DC indictment https://storage.courtlistener.com/recap...

Liz has finally beat the flu (or whatever) and makes her triumphant return breaking down a voting machine case in Georgia that is NOT crazy. So, of course, Mike "Lumpy Pillows" Lindell is lying about it. The duo also break down all the developments with Trump's various gag orders. Notes Affidavit in support of Trump gag order to NY First Judicial Department in Trump v. Engoron https://iapps.courts...

With Liz sidelined, Andrew welcomes back friend of the show Seth Barrett Tillman for an in-depth discussion of Anderson v. Griswold , a Colorado state court opinion that found by clear and convincing evidence that Donald Trump incited an insurrection on January 6, 2021. What implications does that have? Listen and find out! This episode was released early for our Patrons and is a paid post on Patr...

Andrew and Liz tackle three updates: Elon Musk's "thermonuclear" lawsuit against Media Matters; Harrison Floyd's bond revocation hearing; and a truly terrible decision out of the 8th Circuit. Notes NAACP v. Sanders https://www.democracydocket.com/wp-content/uploads/2021/12/Opinion.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:   https://www.fa...