Opening Arguments

Today's episode takes us back to Yodel Mountain, where we take a look at a popular article making the rounds suggesting that (you guessed it) this ONE WEIRD TRICK might unravel the entire Mueller investigation.  Should you be worried? (No.) We begin, however, with the rare (but delightful!) Thomas Was Right segment revisiting 3-D guns and the Arms Export Control Act.  What's going on?  Listen and...

Today's episode tackles two big church/state separation stories currently circulating right now:  the recent lawsuit filed by the owner of the Masterpiece Cakeshop, and the Pennsylvania grand jury  investigation of the Catholic Church.  And, of course, there's no better guide to these issues than friend of the show and Director of Strategic Response for the Freedom From Religion Foundation, Andrew...

Today's episode welcomes back one of our favorite guest experts, former prosecutor and current law professor Randall Eliason of the  Sidebars blog , who will help us break down what exactly a "perjury trap" is -- and whether Robert Mueller is laying one for the President. Of course, when we have a guest this good, we also have to take advantage of his expertise in a couple of other areas.  So we b...

Today's extra-long, extra-early Rapid Response episode tackles the two biggest stories in the news right now:  Paul Manafort's conviction, and Michael Cohen's plea deal.  We tell you  exactly what these two big stories actually mean. We begin with Paul Manafort.  What did the jury decide?  Why did they fail to reach a verdict on 10 counts?  What were those counts?  How long is Paulie M going to st...

Today's episode takes an in-depth look at the recent $289 million dollar verdict handed down by a California state jury for a man who alleges that the herbicide Roundup (TM) gave him cancer. First, we break down the facts of the lawsuit.  Then, we have on special guest Yvette d'Entremont -- a.k.a. the SciBabe -- to break down the science behind glyphosate (the active chemical in Roundup). After th...

Today's Rapid Response Friday is actually a Follow Up Friday!  We revisit four stories from recent episodes and go into more depth on each one, particularly in light of recent developments. We begin with our most recent story regarding reporter's privilege in Episode 200 .  What's the other side of the argument?  Find out why friend of the show Randall Eliason thinks that reporter's ought  not to...

Today's episode takes an in-depth look at the legal protections reporters have (and don't have) to keep their sources confidential. We begin, however, with an update on how "Elections Have Consequences," this time, looking at the state of the House of Representatives in light of last week's special election in OH-12. After that, we dive deeply into reporter privilege, beginning with a discussion o...

Note: the SaneBox url in this episode is incorrect. Please go to https://www.sanebox.com/opening to take advantage of a great deal on their product! Today's Rapid Response Friday breaks down everything you need to know regarding the Trump EPA's recent rules change regarding asbestos.  Is it as ominous as it sounds?  (Yes.) We begin, however, with the oddest OA segment of all time:  Devin Nunes was...

Today's episode takes an in-depth look at Donald Trump's favorite "liberal," Harvard Law professor Alan Dershowitz as seen through the eyes of one of his former students. We begin, however, with an update from the Paul Manafort trial, taking a look at the prosecution's strategy, witness list, and some preliminary rulings by Judge Ellis. After that, we dive very  deeply into what looks like a very...

Today's Rapid Response Friday breaks down all of the legal wrangling regarding the Trump Administration's secret settlement with a self-described "crypto-anarchist" who uploaded material that allows anyone with access to a 3-D printer to make their own plastic, undetectable, untraceable firearm. We begin, however, with a  listener who's considering coming over to the "dark side" and wants an hones...

Today's episode tells you everything you need to know about voting, including in particular West Virginia's "Sore Loser" law and whether it applies to big fat racist criminal loser Don Blankenship... and, in turn, what that means for Joe Manchin's chances of holding on to his Senate seat in the 2018 midterms.  Phew! We begin, however, with... *sigh*... Andrew Was Wrong.  This time, an astute liste...

Today's Rapid Response Friday breaks down all of a busy week's developments in the Trump Administration's trip up Yodel Mountain, including the surprising revelation that Michael Cohen has audio tapes of his conversations with Donald Trump.  What does it all mean?  Listen and find out! We begin, however, with a challenging listener question regarding legal ethics and summer associates that hearken...

Today's episode tells you everything you need to know before Paul Manafort's trial in the Eastern District of Virginia, which begins Wednesday, July 25, 2018.  Oh, and we break down the recent lawsuit against McDonald's to boot! We begin, however, with a very good listener question from "Judicial Noir" regarding ethics, science, and a summer internship! After that, it's time to discuss an actual l...

Today's Rapid Response Friday breaks down the  recent lawsuit filed by the Mandalay Bay casino  regarding the 2017 Las Vegas shooting.  Is it true that the casino is suing the victims?  What's  that all about??  Listen and find out!  Also, we check in with Yodel Mountain and figure out, once and for all, if this is really worse than Watergate.  (Hint:  yes.) We begin, however, with everybody's fav...

Today's episode takes an in-depth historical look at the Eighth Amendment's prohibition on "cruel and unusual punishment" and what that might mean for the future of  Obergefell v. Hodges in the next Supreme Court.  What does capital punishment have to do with gay marriage?  Listen and find out! We begin, however, with a discussion of the District Court's refusal to modify the  Flores settlement we...

Today's Rapid Response Friday does  not take a victory lap about our successful prediction that Brett Kavanaugh would be Donald Trump's next nominee to the Supreme Court (but seriously, we called that right, y'all.)  Instead, Andrew and Thomas break down some of the current stories surrounding Kavanaugh to separate  fact from fiction and try and articulate the best mainstream case against confirmi...

Today's episode -- at long last -- brings us some good news from two rather unlikely sources:  first, from the state of Iowa (regarding abortion rights), and second, from the Republican-controlled Senate Intelligence Committee.  You won't believe your ears! We begin, however, with a segment that's good news for everyone except Andrew:  yes, it's the ever-popular  Andrew Was Wrong .  This time, And...

Today's Rapid Response Friday gives you a sneak preview of what to expect from the person we predict will become Donald Trump's next nominee to the Supreme Court, Brett Kavanaugh of the United States Court of Appeals for the D.C. Circuit. We discuss: Why it's likely to be Kavanaugh and not any of the other rumored contenders, especially flavor-of-the-minute Amy Coney Barrett Kavanaugh's view of th...

Today's episode takes a look at three recent decisions from this Supreme Court and how each one will affect voting in the midterm elections:  Husted v. Randolph Institute , Abbott v. Perez , and (surprisingly)  Janus v. AFSCME . First, though, we begin by addressing a conspiracy theory that's making the rounds suggesting some nefarious relationship between Anthony Kennedy's son, Justin, and Donald...

Today's Bonus Episode asks if there's a way to make sense of the Supreme Court's  Lukumi jurisprudence in light of this week's rulings in Trump v. Hawaii (the Travel Ban), Masterpiece Cakeshop , and the somewhat surprising decision to remand the Arlene's Flowers case back to the state of Washington. We begin, however, by checking in with the Southern District of New York's Order approving the Tain...

Today's Rapid Response Friday comes after a busy week at the Supreme Court, capped off by the (somewhat) surprising announcement that Associate Justice Anthony Kennedy intends to retire as of July 31, 2018. We break down everything about this news, including: What the Trump administration is likely to do next Who President Trump might nominate to fill Kennedy's spot How the Democrats should respon...

Today's episode tries to put a positive spin on some recent developments, including the Supreme Court's gerrymandering decisions, the Department of Justice OIG report on the 2016 election, and the triumphant return of Everyone's Favorite Segment (TM):  "Are You A Cop?" We begin with the  Office of the Inspector General's 2016 Election Final Report , which we modestly point out validates literally...

Today's Rapid Response Friday helps separate fact from fiction when it comes to the heartwrenching issue of families being separated at the border.  Is the Trump administration to blame?  Did the recent Executive Order fix the problem?  Listen and find out. First, though, we bring back (almost) everyone's favorite segment:  Andrew Was Wrong!  Specifically, Andrew was wrong when he predicted back i...

**Today's episode is brought to you by Framebridge! To custom frame your favorite things, go to framebridge.com promo code: OA** Today's episode takes a deep dive into two recent 8-1 decisions by the Supreme Court:  Collins v. Virginia and  Sveen v. Melin .  What makes a decision nearly unanimous, and what causes that lone Justice to dissent?  Listen and find out! Our first 8-1 case involves two u...

**Today's episode is brought to you by The Great Courses Plus! Go to  thegreatcoursesplus.com/OA to start your free month!** Today's Rapid Response Friday spends a lot of time on Yodel Mountain, and in particular evaluating whether Paul Manafort is headed to prison for violating the terms of his pre-trial release as per  18 U.S.C. § 3148(b)(1)(A) .  You'll know soon enough, but we're predicting th...