Opening Arguments

HERE IT IS! Liz and Andrew break down a rapid response to the superseding indictment of Donald Trump in the Mar-a-Lago documents case. As a bonus, the duo also discuss today's DOJ filing for a protective order and what it tells us about Trump's strategy (hint: it's greymail). Notes Trump Superseding Indictment https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.64865...

Liz and Andrew break down the latest developments in Hunter Biden's plea deal and help inoculate you against the coming right-wing storm of misinformation suggesting something nefarious. In the Patreon bonus, Andrew and Liz take a deep look at the Trump SDFL docket and discover something very interesting about Special Counsel Jack Smith. Notes Liz’s ATL on Giuliani https://t.co/CN4aal5bx9 DOJ Pres...

Indictment Watch(TM) continues as Liz and Andrew update you as to what's new with Bernard Kerik before debunking the false arguments being made in defense of the fake electors who plotted with Trump to try and steal the 2020 election. If you've ever heard anyone dishonestly suggest that "Hawaii in 1960" justifies generating fake electoral certificates, this is the episode for you! Notes Judge Howe...

As Indictment Watch(TM) continues, Liz and Andrew turn their eyes to Fulton County, Georgia. Will DA Fani Willis beat Jack Smith in the race to indict Donald Trump for a third set of crimes? Will Trump's new lawyer, John Lauro, be less of a dipshit? (No.) And what about the fake cosplay electors who helped Trump try to steal Georgia? What's going to happen to them? Listen and find out! In the Patr...

Liz and Andrew provide a brief update as we continue to wait with bated breath on Trump indictments in DC (for the January 6th insurrection) and possibly in Fulton County, Georgia (for trying to falsify Georgia's election results). In the main segment, Liz and Andrew break down the Supreme Court's recent decision in Biden v. Nebraska on the so-called "major questions" doctrine as to why we can't h...

Liz and Andrew invite back friend of the show Mitchell Epner to discuss the breaking news today that Jack Smith's Washington, DC grand jury has issued a "target letter" informing Donald Trump that he is likely to be indicted in connection with the January 6 investigation. Find out exactly what all that means & much, much more! This episode is an unpaid post on Patreon & was released a day early fo...

Liz and Andrew welcome Prof. Guha Krishnamurthi to the show to discuss his forthcoming law review article about the future of affirmative action in light of the Supreme Court's recent decision in SFFA v. Harvard . Notes SFFA v. Harvard https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf -Support us on Patreon at:  patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:   https://www...

Liz and Andrew break down Trump's latest doomed efforts to try and suppress the Special Purpose Grand Jury Report in Fulton County, Georgia (because he's probably going to be indicted in the next few weeks). Then, the two tackle the supposed "whistleblower" who can link Hunter Biden to Joe Biden to piles of cocaine to China to... something. Except that's all nonsense and the whistleblower has been...

Liz and Andrew give a few updates on Trump's scheduling and the E. Jean Carroll litigation before diving into Ray Epps's defamation lawsuit against Fox News. Notes OA 704 https://openargs.com/oa704-democrats-play-offense-on-january-6/ Trump docket https://www.courtlistener.com/docket/67490071/united-states-v-trump/ DOJ opp Trump motion for continuance https://storage.courtlistener.com/recap/gov.us...

Liz and Andrew take a deep look at the U.S. v. Trump docket and explain how some minor-seeming procedural filings may tell us more than you'd think about how Donald Trump intends to mount a defense for crimes that he's definitely guilty of. You won't want to miss this one! Notes Trump docket https://www.courtlistener.com/docket/67490071/united-states-v-trump/ Trump opp Motion for Continuance https...

Liz and Andrew break down the developments in the Trump documents case, including a deep dive into the relationship between Trump's co-defendant Walt Nauta and Nauta's lead counsel -- who's being paid by Trump's PAC. In the (LONG!) Patreon bonus, Liz recaps Alina Habba's greatest hits before bidding her a fond farewell. Notes OA 771 https://openargs.com/oa771-trump-judge-burns-down-first-amendment...

Liz and Andrew break down two stories in the news. First, Republicans are taking aim at Target for its Pride line of products for the dumbest reasons. Second, the Sixth Circuit's has entered a stay of a district court order, effectively allowing Tennessee SB 1 -- prohibiting gender-affirming care -- to go into effect. Notes L.W. v. Skrmetti https://www.opn.ca6.uscourts.gov/opinions.pdf/23a0146p-06...

While Donald Trump rants incoherently about "vital caselaw, of which there is much," Liz and Andrew welcome back actual national security law expert and friend of the show Kel McClanahan to discuss what will actually happen under the Classified Information Procedures Act (CIPA) in the Trump documents trial. Notes Trump Less Redacted Search Warrant https://s3.documentcloud.org/documents/23867738/tr...

Liz and Andrew break down the absolutely bonkers ruling by Judge Terry Doughty enjoining the Biden Administration from talking to social media. Yes, it's even worse than you think! Notes Missouri v. Biden docket https://www.courtlistener.com/docket/63290154/missouri-v-biden/ Doughty opinion in Louisiana v. Becerra (COVID vaccine mandate injunction) https://storage.courtlistener.com/recap/gov.uscou...

Liz and Andrew break down the Supreme Court's gutting of what little remained of affirmative action in the just-released decision of SFFA v. Harvard . Notes SFFA v. Harvard https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf SFFA complaint http://sblog.s3.amazonaws.com/wp-content/uploads/2014/11/Harvard-lawsuit-11-17-14.pdf OA 93 https://openargs.com/oa93-affirmative-action-best-legal-bri...

Liz and Andrew catch you up on all the news breaking surrounding the Trump indictments, including potential new charges, new cooperating witnesses, and much, much more. Notes Trump docket https://www.courtlistener.com/docket/67490070/united-states-v-trump/ Indictment https://www.justice.gov/storage/US_v_Trump-Nauta_23-80101.pdf Kastigar v. United States , 406 U.S. 441 https://scholar.google.com/sc...

Today, Andrew and Liz take a deep dive into the Supreme Court's recent decision in Moore v. Harper rejecting the independent state legislature theory & why we still need to be on guard against John Roberts and the Supreme Court. Notes Moore v. Harper https://www.supremecourt.gov/opinions/22pdf/21-1271_3f14.pdf OA 618 https://openargs.com/oa618-the-case-that-could-allow-republicans-to-steal-2024/ -...

Today, Liz and Andrew welcome back First Amendment expert Ari Cohn to break down Texas HB 1181, an anti-porn bill that will require websites to verify your age and also append a bunch of lies in the form of made-up "disclaimers" about the supposed harms of pornography. We also break down the latest in the Trump documents case  and make fun of Texas Gov. Greg Abbott for more than just the porn thin...

Liz and Andrew welcome First Amendment lawyer Ari Cohn to help break down an important lawsuit involving Kathy Griffin, personal jurisdiction, and frivolous SLAPP lawsuits. NOTES Johnson v. Griffin Docket https://www.courtlistener.com/docket/63264613/johnson-v-griffin/ Johnson v. Griffin Complaint https://storage.courtlistener.com/recap/gov.uscourts.tnmd.90242/gov.uscourts.tnmd.90242.1.0.pdf Trial...

Liz and Andrew break d own the bombshell  ProPublica article about Samuel Alito's corruption, and along the way remind you of the right wing's complicity in the false narrative that abortion violence is a "both sides" issue. It isn't. Notes OA 749 https://openargs.com/oa749-clarence-thomas-grifts-kari-lake-sinks-stewart-rhodes-comes-to-the-end/ OA 739 https://openargs.com/oa739-5-million-says-mike...

Liz and Andrew lead off with the blockbuster Washington Post story that the FBI and DOJ had to be browbeaten into investigating Donald Trump. After that, the duo tackle a bunch of stories surrounding the Trump indictments, including developments in both the Florida and New York cases, Rudy Giuliani being a jerk, and much, much more. In the Patreon bonus, Andrew and Liz duo answer one of your burni...

Liz and Andrew first discuss developments in the other Trump indictment -- remember that one in New York? After that, they break down the breakdown in Trump's legal team. Happy Father's Day! Notes  NY Penal Law 175.10 https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-3-specific-offenses/title-k-offenses-involving-fraud/article-175-offenses-involving-false-written-statem...

It's a grab bag of stories, mostly Trump-adjacent. After some great news on judges, Liz explains that the House GOP is so desperate to smear President Biden they've made like Rudy Giuliani and leaked. Stick around for the end, when the duo breaks down exactly what can (and can't!) be done about Judge Aileen Cannon, FSW. In the Patreon bonus, Liz and Andrew discuss a recent Judge Cannon order in so...

Liz and Andrew welcome back Mitchell Epner to the show to break down today's indictment of Donald Trump & Walt Nauta... and also figure out just how much mischief Judge Aileen Cannon can cause. -Support us on Patreon at:  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...