Opening Arguments

Republicans are saying that the "Clinton sock drawer case" - Judicial Watch v. NARA - means that Trump didn't violate the Espionage Act and can just declare anything he wants to be a "personal" record. That's nonsense, of course. Notes Judicial Watch, Inc. v. National Archives and Records Administration , 845 F.Supp.2d 288 (D.D.C.2012) https://scholar.google.com/scholar_case?case=15818036517066124...

THIS IS IT! Liz and Andrew break down the federal indictment of Donald Trump in connection with his retention of Presidential documents. This is your guide to everything so you'll stay one step ahead of the media coverage. Notes Jack Smith appointment order https://www.justice.gov/opa/press-release/file/1552896/download Fed. R. Crim. Pro. 6 https://www.law.cornell.edu/rules/frcrmp/rule_6 Trump doc...

Yes, this was recorded before the Trump indictment!   Liz and Andrew take a deep dive into the last stand of the separation of church and state as Oklahoma formally lets the Catholic Church run a public school. Notes OA 256 https://openargs.com/oa256-the-bladensburg-cross/ OA 295 https://openargs.com/oa295-a-bladensburg-post-mortem-with-monica-miller/ OA 608 https://openargs.com/oa608-forget-churc...

Liz and Andrew break down the latest filing by Twitter proving that the Twitter Files don't say anything like what Elon Musk said they did. So, to summarize: Twitter still isn't in cahoots with the Deep State to censor conservatives. Then, it's time for some great news out of Florida as a federal judge blocks Florida's obscene law prohibiting the prescription of puberty blockers for three trans ki...

Liz and Andrew update you with breaking news about the ChatGPT case, Mata v. Avianca , as well as developments in the Trump documents and George Santos cases. But all of that is mere appetizer for the main course: Alan Dershowitz's ongoing tilting at windmills to convince a court to rewrite the attorney sanctions rules so that Alan Dershowitz can continue to represent monsters and idiots without c...

Liz and Andrew welcome NY practitioner David Lurie to the show to discuss Trump's efforts to remove his New York indictment to federal court.   Notes NY Crim 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-statements/section-17510-falsifying-business-records-in...

Liz and Andrew break down the recent Supreme Court decisions in  Gonzalez v. Google  and Twitter v. Taamneh with help from Corbin Barthold. Notes Section 230 - 47 U.S.C. § 230 https://www.law.cornell.edu/uscode/text/47/230 OA 698 https://openargs.com/oa698-will-clarence-thomas-break-the-internet-probably-not/ -Support us on Patreon at:  patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:...

After discussing some breaking news, Liz and Andrew break down that viral "hey, are the airlines forcing passengers to step on scales before boarding the plane" story. Then, the duo update you on the impeachment of Texas AG Ken Paxton. In the Patreon bonus, Andrew gets angry as we talk about the latest maneuvering by the guy who sold out his country for Donald Trump, Lt. Gen. Michael Flynn. Notes...

Today, Liz and Andrew tackle the case that's burning up the Internet: did a lawyer really use AI to write a legal brief? Turns out no, it's even worse!   The duo also update you on the latest from Peter Navarro's (losing) efforts to protect Donald Trump, and in the Patreon bonus, we learn what the legal architect of the January 6th Insurrection, John Eastman, has been up to.   It's a super-sized e...

On today's show, Mitchell Epner returns to help Andrew and Liz break down two New York stories: first, the allegations surrounding Trump's media company that produces "Truth Social," and second, E. Jean Carroll's efforts to amend her pending defamation lawsuit against Donald Trump to add claims related to Trump's comments at the CNN "Town Social" in light of the prior verdict. Oh, and the "Truth S...

Liz and Andrew update you on a bunch of stories, including today's breaking news regarding the sentencing of Stewart Rhodes and the Texas Legislature committee referring out articles of impeachment for AG Ken Paxton. Notes OA 693 https://openargs.com/oa693-mike-pence-cant-testify-against-trump-cause-hes-a-senator-now/ OA 698 https://openargs.com/oa698-will-clarence-thomas-break-the-internet-probab...

This is it! Liz and Andrew break down the debt ceiling and what can be done about it, including the Fourteenth Amendment. You'll want to share this far and wide! In the Patreon bonus, Liz and Andrew tackle a stupendously bad article arguing against the application of the 14th Amendment. NOTES OA 736 https://openargs.com/oa736-scotus-tees-up-rancid-herring-case-to-gut-the-administrative-state/ 31 U...

In this (almost entirely!) Trump-free episode, Liz and Andrew break down two major steps backwards for Meatball Ron DeSantis: an own goal in his ongoing losing Woke War Against Disney, and a major setback by a group looking to aid his (doomed) 2024 Presidential bid. You won't want to miss it! In the Patreon bonus, Liz and Andrew give an update on the ongoing efforts to hold MyPillow CEO Mike Linde...

It's Sanctions Day! After a quick listener question, Liz and Andrew discuss the recent attorney grievance complaint against the Krakenlawyers in Michigan and what everyone's favorite li'l election-denying weirdo, Kari Lake, has been up to. (Spoiler alert: nothing good.) Notes OA 673 https://openargs.com/oa673-dont-sanction-me-im-old-dersh/ OA 678 https://openargs.com/oa678-dershs-sanctions-defense...

Liz and Andrew break down Special Counsel John Durham's report, which resulted in zero convictions in four years and makes no new recommendations for any change to any FBI policy - but continues to peddle long-debunked conspiracy theories about how the FBI is in cahoots with Hillary Clinton. Sure, Jan. Notes Durham report https://s3.documentcloud.org/documents/23813392/durhamreport.pdf Durham Appo...

Liz and Andrew welcome Lawfare's Anna Bower to the podcast to break down everything going on with the potential indictment of Donald Trump in Fulton County, Georgia, with a focus on Trump's recent motion to quash the Special Purpose Grand Jury report, DA Fani Willis's response, and more! Notes Fulton County docket http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-des...

Liz and Andrew update you on the latest developments in Manhattan DA Alvin Bragg's criminal case against Donald Trump as well as Peter Strzok's ongoing civil suit against the DOJ. Notes OA 700 https://openargs.com/oa700-rumors-of-trumps-testimony-in-strzok-suit-may-be-greatly-exaggerated/ OA 716 https://openargs.com/oa-716-jim-jordan-is-not-alvin-braggs-daddy/ Trump Protective Order https://s3.doc...

In light of Linda Yaccarino being named CEO of Twitter, Liz and Andrew break down Trumpworld's never-ending lawsuits against social media, and yet another defamation suit against Fox News, this one by Nina Jankowicz. Happy Mother's Day! For the Patreon bonus, we discuss beer, the Superbowl, and Rule 62.1 of the Federal Rules of Civil Procedure, because of course we do. Notes OA 551 https://openarg...

Liz and Andrew break down the latest developments in Fulton County, GA; some truly terrible takes on the E. Jean Carroll verdict by Alan Dershowitz; and the indictment of Congressman Astronaut Rabbi George Santos. Be there, will be wild! Notes OA 738 https://openargs.com/oa-738-trump-flops-proud-boys-drop/ Surveillance footage of Cathy Latham https://www.washingtonpost.com/investigations/2022/09/2...

Liz and Andrew bring on former sex crimes prosecutor and New York attorney Mitchell Epner for a discussion of the breaking civil verdict awarding E. Jean Carroll $5 million for Trump's assault and subsequent defamation. We go WAY beyond the regular media coverage; you won't want to miss this episode! This episode is a paid post on Patreon and was released early to supporters. Notes Carroll verdict...

Today, Liz and Andrew interview Cary Joshi and Brian Glasser of Bailey Glasser, who successfully won a $5 million arbitration award against Mike Lindell for claims of election fraud data.   Notes  Prove Mike Wrong Challenge Official Rules h t t p s : / / o p e n a r g s . c o m / w p - c o n t e n t / u p l o a d s / P r o v e - M i k e - W r o n g - C h a l l e n g e - O f f i c i a l - R u l e s...

Today, Liz and Andrew check in on three stories we've previously covered: the conclusion of the E. Jean Carroll lawsuit against Donald Trump; the recent convictions of the Proud Boys in connection with the January 6 insurrection; and what's going on in Fulton County, Georgia. It's a whirlwind and you don't want to miss it! In the Patreon bonus, Andrew and Liz discuss what really happened in Hawaii...

Today, Liz and Andrew discuss the latest ethical lapse from Clarence Thomas, as well as the horrible activism of the next Republican Supreme Court nominee, Stu Duncan. In the Patreon bonus, Liz and Andrew break down the latest sanctions issued against Donald Trump in New York. -Support us on Patreon at: patreon.com/law -Follow us on Twitter:   @Openargs -Facebook:   https://www.facebook.com/openar...