Opening Arguments

Andrew and an ailing Liz break down Elon Musk's latest threat to try and sue a media outlet critical of Twitter into silence - this time, Media Matters for America - through the lens of his last lawsuit, against the tiny charity the Center for Countering Digital Hate, which produced an investigative report showing that Twitter profits from weaponized antisemitism and white supremacy.   Oh, and the...

Liz and Andrew break down the very real question of free speech versus a fair trial when viewed through the lens of (1) Donald Trump's motion for a mistrial in New York and (2) Trump's argument against the gag order to the DC Circuit. Come for the 1966 history, stay for hearing how Trump is going to lose! Oh, and our Liz Dye might have played a role in the whole mistrial thing.... Notes Trump NY m...

Liz and Andrew welcome back Mitchell Epner to explain exactly what happened with the Sam Bankman-Fried trial. Notes SBF Superseding indictment https://www.justice.gov/media/1311286/dl?inline= -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:   https://www.facebook.com/openargs/ -For show-related questions, check out the  Opening Arguments Wiki , whic...

Liz and Andrew break down a ruling that was surprising to many - Judge Aileen Cannon, FSW, denying Trump's motion to postpone his trial. What does it really mean? Listen and find out!   Then, the two break down Trump's litigation strategy (if you can call it that) in the E. Jean Carroll defamation lawsuit.   In the Patreon bonus, the two discuss Donald Trump's plan to save America from sliding int...

Liz and Andrew break down Donald Trump's testimony in the New York civil investigation. Then, Andrew welcomes back Joe Dye to talk about Tuesday's election results. You won't want to miss it!   Notes Engoron PSJ order h t t p s : / / w w w . 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 2 0 5 0 4 - e n g o r o n - d e c i s i o n - s e p t - 2 0 2 3 -Support us on Patreon:  https:/...

Today, Liz and Andrew welcome back Kel McClanahan to break down recent Classified Information Procedures Act ("CIPA") rulings in Donald Trump's cases in DC and Florida. What does it portend? Listen and find out! Notes Trump DC docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/ Trump SDFL docket https://www.courtlistener.com/docket/67490069/united-states-v-trump/ -Support u...

Liz and Andrew catch you up on all of Trump's travails, from the civil investigation in New York to the two federal cases in DC and Florida. Oh, and we also learn more about Halloween from our listeners! Notes Trump DC docket https://www.courtlistener.com/docket/67656595/united-states-v-trump/ Trump SDFL docket https://www.courtlistener.com/docket/67490069/united-states-v-trump/ SDFL superseding i...

In an entirely Trump-free show, Liz and Andrew break down the law of Halloween! Is it illegal to be a witch? Do you have to disclose your house is haunted before selling it? Can you sue Satan? And much, much more! Notes Charles West, Pope Leo of Bourges, Clerical Immunity and the Early Medieval Secular, in Early Medieval Europe (2021) https://eprints.whiterose.ac.uk/169821/1/Pope%20Leo%20of%20Bour...

Liz and Andrew tackle two stories. In the A segment, the duo discuss Trump's civil trial in New York and his (so far unsuccessful) efforts to block the gag order entered against him in federal court in DC. Then they break down a case headed for oral argument at the Supreme Court in a few days, Vidal v. Elster , which presents the unfortunately timely question of whether someone can trademark a jok...

Liz and Andrew tackle two stories today. First, they break down exactly what is going on with Trump's various gag orders and his behavior in court in New York. Then, it's time for a classic deep dive about  qui tam actions and how they've been hijacked with the help of possibly Trump's worst judicial appointment and weaponized against women. It's a story you need to know. In the Patreon bonus, the...

Liz and Andrew urge caution on some breaking news stories, including the ABC report that Mark Meadows has "flipped." Then, the duo tackle the Jenna Ellis plea in Fulton County, GA and a barrage of bizarre filings by Donald Trump in his federal case in DC. In the Patreon Bonus, Liz and Andrew analyze Jenna Ellis's legal advice as to how to steal the 2020 Election. Notes Trump Fulton County docket h...

Liz and Andrew cover two main stories: (1) the plea bargain agreed to by Ken Cheseboro in Fulton County, Georgia, and (2) the ruling out of bankruptcy court that certain debts are "non-dischargeable in bankruptcy." What does that mean? Listen and find out! In the Patreon bonus, Andrew and Liz deep dive into the specific jury instructions and more to figure out why the results were different for si...

Liz and Andrew break down Sidney Powell's plea deal and much, much more! Notes Alliance for Fair Board Recruitment v SEC https://www.ca5.uscourts.gov/opinions/pub/21/21-60626-CV0.pdf ORDER ON DEFENDANTS’ MOTIONS TO DISMISS UNDER THE SUPREMACY CLAUSE AND FIRST AMENDMENT (Cheseboro & Powell) https://www.documentcloud.org/documents/24040510-23sc188947-order-sc-1st-amend-denial Jack Smith DC indictmen...

Liz and Andrew break down the mechanics of the vote for Speaker of the House, explain the incredibly narrow gag order issued by Judge Chutkan in the DC insurrection case against Donald Trump, and finish with a hilarious story of how Mike Lindell can't keep his terrible lawyers. Notes Tweet re Hannity https://twitter.com/juliegraceb/status/1713694255841992765?s=46&t=-f7nMHlPqmL9yztYDAx_1g Jan 6th C...

Liz and Andrew round up a bunch of stories, from the Speaker of the House race to the responses to various trans and drag show bans.  -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:   https://www.facebook.com/openargs/ -For show-related questions, check out the  Opening Arguments Wiki , which now has its own Twitter feed!   @oawiki -And finally, re...

Liz and Andrew cover a bunch of stories, from the hapless Republican effort to find a Speaker of the House to this week at the Supreme Court & much, much more! -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:   https://www.facebook.com/openargs/ -For show-related questions, check out the  Opening Arguments Wiki , which now has its own Twitter feed! ...

Liz and Andrew tackle all the stories in the news, from the dysfunctional House of Representatives to the latest developments in Fulton County, Georgia. -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:   https://www.facebook.com/openargs/ -For show-related questions, check out the  Opening Arguments Wiki , which now has its own Twitter feed!   @oawi...

Liz and Andrew welcome back friend of the show Kel McClanahan to break down all of the national security developments in the Trump indictments. Find out what might be coming next in the document retention case.... -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:   https://www.facebook.com/openargs/ -For show-related questions, check out the  Opening...

Liz and Andrew try to cover all the breaking news of the past two days, including Trump's civil and criminal trials, good news out of Alabama, and check out the tire tracks on Sidney Powell's back that seem to spell "Trump." Because it's Listener Friday, the duo answer a question about civil procedure and conflicts of laws that provides the perfect throughline to perhaps the dumbest Rudy Giuliani...

Today, Liz and Andrew tackle the two biggest stories: Matt Gaetz having ousted Kevin McCarthy as Speaker of the House, and Donald Trump’s civil trial in New York. All that AND an Andrew Was Wrong featuring more on the 14 th Amendment. In the Patreon bonus, the two tackle a Liz Was Not Wrong about why Trump doesn’t have a jury trial in New York. Hint: yes you can still make fun of Alina Habba! Note...

Andrew and Liz explain the recent Congressional funding bill, what it means for the country (good things!) & what it means for Speaker of the House Kevin McCarthy (bad things). What's a motion to vacate? Listen and find out!   Then, of course, the duo return to discuss all the recent developments in the RICO indictment in Fulton County, Georgia, including the plea deal by bail bondsman & former Do...

Liz and Andrew record a day early to discuss the breaking news out of state court in New York granting partial summary judgment to New York Attorney General Letitia James's civil lawsuit against Donald Trump, his kids, and his businesses over phony valuation statements. The upshot is that the Trump businesses will be dissolved as a matter of law. Mitchell Epner guests to help break down the nuance...

Today, Andrew and Liz welcome back to the show National Security Counselor Kel McClanahan to break down a bunch of filings pursuant to the Classified Information Procedures Act, and tell us how to keep our eyes on Judge Cannon! Notes Chris Geidner "Law Dork" on the Fifth Circuit https://www.lawdork.com/p/fifth-circuit-adf-training-book-ban-social-media CIPA - Appendix 13 to Title 18 of the US Code...

Liz and Andrew break down the recent indictment of Sen. Bob Menendez plus much, much more. Notes Menendez indictment https://www.justice.gov/d9/2023-09/u.s._v._menendez_et_al_indictment.pdf McDonnell v. US , 136 S.Ct. 2355 (2016) https://scholar.google.com/scholar_case?case=7646544289520795258 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:   https...

Liz and Andrew break down the week's developments before heading into a deep dive about baseball's antitrust exemption and a new petition for certiorari filed by... unicorns? Even if you're not a sports fan, you won't want to miss this one! Notes OA 696 https://openargs.com/oa696-in-which-james-okeefe-pretends-to-be-a-journalist/ Fulton County GA - DA Willis Motion notifying Judge McAfee of potent...