Transcript of OA435: Why Your Vote Matters in EVERY State!

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 435, and, uh, if you’re a non-patron and you’re listening to this that means its election day.  It’s election day, Andrew, how are you doing?

Andrew:         Yeah!  I’m nervous.  Are you nervous, Thomas?

Thomas:         Yeah.  Well I’m a patron so that means I’m hearing this on Sunday.

Andrew:         [Laughs]

Thomas:         Currently I’m fine.

Andrew:         Yeah.  [Laughs]

Thomas:         Totally different!

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Transcript of OA440: Rudy’s Literal Meltdown

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Topics of Discussion:

[Show Intro]

Thomas:         [Singing] Hello Andrewww!  It’s episode 440!  Opening Arguments, A-440!  Music joke.  How’s it going?  It’s Opening Arguments, it’s episode 440, I’m Thomas, that’s Andrew, how’re you doing?

Andrew:         Was that a 4/4-time joke?

Thomas:         No, A-440 is used for tuning, it’s a reference note for tuning, but not all music is based on 440, I guess it would be Hz?  Sometimes people tune a little differently, they’ll tune A to something a little lower, a little higher.  But A-440!  If you’re tuning your guitar while listening [Sings] Dooooooo!  It’s something like that.  Okay.  Anyway, how’re you doing, Mr. Fantastic?

Andrew:         Well, I learned something here today, Thomas. 

Thomas:         Oh, that’s what the show’s for.

Andrew:         I’m doing even better than fantastic.

Thomas:         [Laughs] I’m not sure how I’m doing until you explain what’s happening.  That’s been true many weeks, I assume Trump’s still trying to steal the election?  I think they’re like – technically they’re like 1 for 30 or something on the lawsuits.  I actually don’t remember what the one is?  I wanna know, that’s gonna be my first question.  But we got more legal shenanigans to cover. 

Andrew:         We do.

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OA440: Rudy’s Literal Meltdown

Rudy Giuliani is as bad at being a lawyer as he is at wearing a believable human suit. Both of these shortcomings were on full display this week as Trump’s top lawyer continued to not only lose case after case, but also display an impressive ability to not have any idea what any legal term actually means. Also in this episode, Andrew tells us about the Kim Davis of this election – GSA Administrator Emily Murphy. Murphy can’t seem to understand which number is bigger than the other. Then ace associate Morgan Stringer joins us to provide a few highlights of Giuliani’s insane ramblings. She listened so that none of us have to!

Links: 3 U.S.C. 102, CFPB Announces Additional Member of Taskforce, The Law of Presidential Transitions and the 2000 Election, Lawsuit tracker: Trump’s battle faces skepticism from judges, Marks v. Stinton.

Appearances

We’ll be on the Cognitive Dissonance Livestream to save the senate! Friday Nov. 27th at 1pm Pacific. Donate while we’re on so we can win!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA439: The End of the Lemon Test?

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 439.  I’m Thomas, that’s Andrew.  How’re you doing, sir?

Andrew:         I’m fantastic, Thomas, how are you?

Thomas:         Are you fantastic because this is Trump Free Tuesday?

Andrew:         [Laughs] This is almost entirely Trump Free Tuesday.

Thomas:         Almost, I love it! [Laughs]

Andrew:         [Laughs] I blame you-

Thomas:         Hey!

Andrew:         -for not letting me record for two plus hours on Thursday’s show.

Thomas:         Yeah, and I blame you for putting in something like ten bullet points in a show-

Andrew:         It’s true.

Thomas:         Which I know!  I could’ve told you this, I could’ve spared you.  You’re not gonna get to more than five bullet points in a show like ever.

Andrew:         [Laughs] Well, we have five leftovers for us to cover in the A Segment.

Thomas:         [Laughs] So this is actually gonna turn into entirely a Trump episode?

Andrew:         [Laughing] No!

Thomas:         We’ll push off the other stuff.

Andrew:         No no no.  I really do wanna cover the case because it’s in the news and I think it’s really perfect.  It’s a classic “this is why we started OA.”

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OA439: The End of the Lemon Test?

It’s a 97% Trump-free episode! First we have to cover the bullet points Andrew foolishly thought we could get to last week, including questions like: does a 50-50 Senate mean no more Majority Leader McConnell? and what consequences should there be for law firms that take Trump’s money and file frivolous election lawsuits? and more!

Then we get to the main signature deep dive, and it’s not a happy one. ***content note: this episode contains discussion of sexual assault.*** Some Jehovah’s Witnesses church leaders emotionally abused a rape victim, who was a minor, and she very justifiably sued them. But the backwards-ass Mormon judges of Utah conveniently decided churches can do… whatever. While this is likely to be overturned by the Supreme Court, it also might damage Church-State Separation along the way.

Links: Jones Day Statement Regarding Election Litigation, Snell & Wilmer withdraws from election lawsuit, Jehovah’s Witnesses Lawsuit, Court hears case of woman suing Utah Jehova’s Witnesses over rape audio.

Appearances

We’ll be on the Cognitive Dissonance Livestream to save the senate! Friday Nov. 27th at 1pm Pacific. Donate while we’re on so we can win!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA438: This Coup Shall Pass

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 438 and it’s named for the amount of votes that Gore lost by in Florida in –

Andrew:         [Laughs]

Thomas:         No, that’s deep, weird joke.  Anyway, how’s it going, Andrew?

Andrew:         I am so much happier after your deep weird joke!  I’m fantastic Thomas, how are you?

Thomas:         [Laughs] I bailed out halfway through it, didn’t even really make sense.

Andrew:         That’s okay.

Thomas:         I’m doin’ okay.  Not in love with how things have developed.  Your North Carolina optimism was euthanized [Laughing] pretty quickly right after you said it.

Andrew:         Yeah, we’re gonna talk about that.

Thomas:         Andrew was like hey maybe a good thing?  And the world was like, nah, sorry. [Laughs]

Andrew:         Nope!  [Laughs] Look, you know, we can no longer say definitively that we are in the worst possible timeline.

Thomas:         Oh, that’s true.  Yeah, we’re not in the wor- unless there’s some – hold on!  I’ll find a way! [Laughs]

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OA438: This Coup Shall Pass

While it cannot be overstated how disgusting, unpatriotic, anti-American, and anti-Democratic this pathetic coup attempt by Trump and Republicans is, it also has no chance of working. At least, according to our resident optimist, Andrew Torrez!

Before that, Andrew gives us the breakdown on the Affordable Care Act case, and why the media might be completely wrong in how they’re covering it.

Links: California v. Texas, best Trump case still terrible, Montgomery County Election Results, 25 P.S. § 3150.16, 25 P.S. § 3150.14, In re Recount of Ballots (Pa. 1974)

Appearances

We’ll be on the Cognitive Dissonance Livestream to save the senate! Friday Nov. 27th at 1pm Pacific. Donate while we’re on so we can win!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA436: It’s a Runoff!

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Topics of Discussion:

[Show Intro]

Thomas:         Hello hello hello hellooooooo!  And welcome to Opening Arguments, episode 436!

Andrew:         [Laughs] Well you sounded happy there.

Thomas:         Well I went really big because we have nothing to talk about, so it’s all downhill from there.

Andrew:         Yeah.  [Laughs]

Thomas:         How’re you doing, Andrew Torrez?

Andrew:         I am doing fantastic, Thomas, [Laughing] how are you?

Thomas:         Well, funny story, that.  Here’s what I will say: I had a rough election night, as anyone who follows me on social media and watched our livestream would see.  Not very happy.  I wasn’t all doom and gloom like we were gonna lose but, you know, as I just put it on social media, yes, we can maybe barely defeat a Nazi death cult.  Barely.  Like eke out a slight victory.  That’s my mood currently.  I’m glad things are going well currently but there was a grief period for me and, don’t worry, I’m getting to a point that I’m sure for many of our listeners who are not Mr. Fantastic himself, Andrew Torrez, always positive. 

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Transcript of OA437: How to Play Hardball if We Don’t Win the Senate

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 437.  I am Thomas, that is Andrew.  How are you doing?

Andrew:         I am fantastic, Thomas, how are you?

Thomas:         Well … I don’t know.

Andrew:         [Laughs]

Thomas:         This is a weird one to record ahead of time.

Andrew:         [Laughing] That’s right.

Thomas:         Look, this is what we do.  The cat’s out of the bag, you all know the magic behind the show, we record on Thursdays, we record the rapid response and then we record the Tuesday episode.  This one is a weird one to record early because we don’t know what’s gonna happen between Thursday and when you’re hearing this but this stuff, the stuff we’re talking about, still needs to be covered and I assume if anything absolutely crazy has happened we’ll do an emergency episode.  There you go, we’ve got a lot to talk about still and it’s time to play some hardball with … not Chris Matthews.

Andrew:         [Laughs]

Thomas:         Hardball with Joe Biden, or us.

Continue reading “Transcript of OA437: How to Play Hardball if We Don’t Win the Senate”

OA437: How To Play Hardball If We Don’t Win the Senate

As always, we can’t emphasize enough how important it is to win the two Georgia runoffs, but today’s show covers why we COULD still win in North Carolina. It involves court thingies. Then in the main segment, Andrew tells us how exactly Biden can play hardball in the event that we don’t win the Senate. There’s still a lot we can do. Biden’s administration had better be show listeners because this is top notch free legal consulting!

Links: 4th Cir. on North Carolina Ballots, Wise v. Circosta, OA415: DeJoy’s Illegal Dismantling of the USPS, NAACP v USPS, 5 US Code § 3345 – Acting officer, 15-1251 NLRB v. SW General, Inc, 5 US Code § 3346 – Time limitation, 5 US Code § 3349a – Presidential inaugural transitions, 5 US Code § 3349c – Exclusion of certain officers, Fed Figures 2014: Federal Workforce, Demographic Profile of the Federal Workforce, As of September 30, 2010, L.M.-M., et al., Plaintiffs, v. KENNETH T. CUCCINELLI II, Legality of Service of Acting Secretary of Homeland Security, OA61: Flyin’ the Friendly Skies

Appearances

We’ll be on the Cognitive Dissonance Livestream to save the senate! Friday Nov. 27th at 1pm Pacific. Donate while we’re on so we can win!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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