Transcript of OA420: DoJ Defending Trump in Carroll Case?

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 420.  [Laughs] Nice.

Andrew:         Is that supposed to be a funny thing?  I’m a precious little cinnamon bun so I wouldn’t-

Thomas:         Oh sure! 

Andrew:         [Laughs]

Thomas:         Last episode I seem to recall a certain cinnamon making plenty of jokes.

Andrew:         That’s true, that is true.

Thomas:         No, how’s it going, Andrew?

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

Thomas:         Oh, you know, just went back on fire again.  I felt like we had a day where the air was better and I assumed that meant that fires were better.  It’s just fires all the way down.

Andrew:         My sister in law sent me a picture of the Giants game, the San Francisco Giants game and it looks like it’s being played on the surface of Mars. 

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Transcript of OA419: What Happened in McGirt v. Oklahoma

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 419.  Oh jeez, we’re one a way from 420! [Laughs]

Andrew:         [Laughs]

Thomas:         Ah, that’ll be fun.

Andrew:         I got that joke!

Thomas:         Yeah! It’s not even really a joke anymore.  It’s so dumb, but now it’s funny to me that everybody is like yeah, 69, 420.  I’m Thomas, that’s Andrew, how’re you doing, Andrew?

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

Thomas:         I’m good.  So, listeners will be able to, next episode, they can play episode 69 then 420 then maybe there’s a hidden message if you do that, I’m just saying.

Andrew:         [Laughs]

Thomas:         All these jokes will be great next week when we do that episode.  [Laughs]

Andrew:         [Laughs]

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Transcript of OA418: D.C. Circuit Panel’s Multiple Bad Court Thingies

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 418.  I’m Thomas, that’s Andrew and, uh, Andrew, there’s not much going on. 

Andrew:         [Laughs]

Thomas:         I think we should just call it here.  So hi, we’re checking in, but no episode.  There’s nothing.

Andrew:         Yeah, summer is getting ready to turn into fall and we can just pack it up.

Thomas:         Yeah, there’s no guarantee there would be enough news every week to do thi-

Andrew:         [Laughs]

Thomas:         Oh wait, sorry, this just in.  All the news.

Andrew:         Everything.

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Transcript of OA417: WTH, What the Hatch Act! with Allison Gill

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 417.  I’m Thomas, that’s Andrew.  How’re you doing, Andrew?

Andrew:         I’m fantastic, Thomas!  And I really am fantastic, I’m always excited when we get to have AG on the show, and I’m always excited to do the show with you.  So, I’m great, how are you doing?

Thomas:         Yeah, I’m good.  Quick note on AG being on the show, not really sure if we can not have the explicit tag for this one? [Laughs]

Andrew:         [Laughs] It’s always a challenge to edit her, I love her.

Thomas:         Yeah.  If you’re somebody who downloads every episode of Opening Arguments and decides to put it on for your, I dunno, six, seven-year-old kids?  Maybe this one be careful with, I guess.

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Transcript of OA416: The Kenosha Terrorist

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 416.  I’m Thomas, that’s Andrew.  How’re you doing?

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

Thomas:         Uh, let me see, let me check the air quality map.  It looks like we finally have oxygen here.  [Deep breaths]  Ah!  Okay!  I was holding my breath for that whole two weeks but I can finally breath because we have oxygen, I checked the map.

Andrew:         Oxygen I have always thought was overrated but, you know, if you’re a triggered little snowflake that needs oxygen that’s fine.

Thomas:         [Laughs] Yeah, I mean I’m sure this is just the wildfires are taking a break.  They’re just like “eh, getting a little tired!”

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Transcript of OA415: DeJoy’s Illegal Dismantling of the USPS

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 415.  I’m Thomas, that’s Andrew.  How’re you doing?

Andrew:         I am fantastic, Thomas!  Nothing broke in between recording the last show and this one, right?

Thomas:         Are you sure?  [Laughs]

Andrew:         I am not sure.

Thomas:         I’m not sure either, but we’ll assume it didn’t.

Andrew:         Yeah, we’ll assume American democracy is healthy.

Thomas:         I also think if anyone wants to go check on my body, I’m probably a nice perfect jerky.  I’m probably perfectly ready.

Andrew:         Oh man, smoked meats are so good.

Thomas:         I’m just guessing based on the smoke, I’m good to go.

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Transcript of OA393: Gabe Roth of Fix the Court

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[Show Intro]

Andrew:         Just a quick note, the Opening Arguments Amicus Brief in the Michael Flynn case is just about finished, so if you’re listening to this episode on Tuesday, June 9th, 2020, that’s the day before our brief is due.  In fact, our brief is due at noon tomorrow, Wednesday.  That means we’ve got to finish it up tonight!  If you’re a patron you have seen that we have uploaded five successive versions while we were drafting and editing, and patrons have added suggestions, made comments, been pedants, nitpicked spelling, done all sorts of things to contribute to the writing of the brief. 

If you wanna get in on that this is really your last chance, so head on over, patreon.com/law and you will see the most recent post containing the brief.  I think this has been really, really exciting and we are excited to try and do some good in the world and certainly to share those efforts behind the scenes with you as we’re drafting this thing.  If you’ve already helped out, thank you so much and if you wanna be a part of the process we’re at t-minus 24 hours and counting, less by the time you’re listening to this episode.

Thomas:         Hello and welcome to Opening Arguments this is episode 393.  I’m Thomas, that’s Andrew.  How’re you doing, Andrew?

Andrew:         I am doing fantastic and I am honestly doing fantastic for this episode.  I’m very, very excited.

Thomas:         Me too!  We have an interview with Gabe Roth from Fix the Court about Andrew’s personal best friend, Justin Walker.  [Laughs]

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Transcript of OA392: In the Aftermath of George Floyd

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 392.  I’m Thomas, that’s Andrew.  How’re you doing, Andrew?

Andrew:         I have to say fantastic, right?

Thomas:         You are contractually obligated, but uh-

Andrew:         I’m excited to do the show, I’m not excited that the world is still on fire, but I am excited to do the show.

Thomas:         Yeah, we can do a little contract law.  You are obligated to say “fantastic,” but at what point has the world become such an act of god or whatever?

Andrew:         [Laughs]

Thomas:         Does the state of things?

Andrew:         [Laughing] Yeah!

Thomas:         At what point can you no longer be held to that?

Andrew:         Force majeure clause!

Thomas:         Yeah exactly.

Andrew:         [Laughs] I don’t have to be fantastic.

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Transcript of OA 391: Republicans Are Still Trying to Break the Government, Part Eleven Billion

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 391!  I’m Thomas, that’s Andrew, how’re you doing, Andrew?

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

Thomas:         I’m just so excited because we obviously did the live Q&A yesterday.

Andrew:         Yeah!

Thomas:         It was great.  Everyone was fantastic.

Andrew:         It always is! [Laughs]

Thomas:         I dunno why I’m bringing it up.  [Laughs] Any announcements this time?  I guess not.

Andrew:         Naw, I think we’re good on announcements, we can get right into the meat.

Thomas:         Still plugging away on our amicus briefs.

Andrew:         Indeed, we are.

Thomas:         Just working so hard on ‘em.  Mine I had to dot a couple I’s, I also had to check a couple cases.  Just, you know, be able to cite them properly, I had to distinguish one of mine. 

Andrew:         That’s 100% plausible, yes.

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Transcript of OA377: Trump’s Pyramid Schemes and Arbitration (feat. AG!)

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 377!  I’m Thomas Smith, that’s Andrew Torrez.  How’re you doing, Andrew?

Andrew:         I am fantastic, Thomas, and I sincerely mean that!  Comnin’ off of a great interview with Andrew Seidel last week, we’ve got AG from Mueller She Wrote this week, I couldn’t be happier!

Thomas:         Not only that, we’ve got a rare two-guest show because Andrew, of course, is going to be back with us for the thrilling conclusion of T3BE, but also as you mentioned, AG from Mueller She Wrote is on for the main segment, so wow, how fun!  You know, we’re trying to keep our – we’re all quarantined but we’re keeping our interactions up!

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