Thomas Takes the Bar Exam Returns! T3BE Week 1

At laaaaaaaast it is the return of #T3BE! And we’ve got, not 1, not 2, but 3 questions! First, a question + answer to get warmed up, since we don’t have any answers from previous weeks. THEN, the question everyone can play along with. AND THEN, it’s the question only Patrons are elligible to win. But also, for patreons only, I’ve included the first question Matt and I ever did. We did some T3BE to practice, and this first one is maybe my favorite.

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I used Dall-e for fun to create a T3BE graphic and it gave me “Thas BAR EXAM!” 10/10

SCOTUS OKs Execution By Nitrogen Gas Because Evil

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Episode 1004. “What’s going wrong?” Neil Young once asked Alabama, and it’s still a good question 52 years later in the wake of the unprecedented execution of Eugene Michael Smith on January 25, 2024 by nitrogen gas. Casey returns to share why learning about the death penalty made her want to be a lawyer before we review the recent history of capital punishment in the U.S. and the dangers of an originalist interpretation of a “cruel and unusual” execution. We then take a closer look at how a completely untested method of taking a human life came to be used in Alabama and find some hope for an end to state-sanctioned murder.
 

Bonus! These Are Not Serious People…

Republicans thought they were going to impeach DHS Secretary Mayorkas but they didn’t count on… AL GREEN!
 

There has been so much in the news that Matt and I thought we’d do some bonus recording, both to give you fine folks more content and also to keep practicing and getting into the groove. Matt breaks down the absurd Articles of Impeachment that some Republican intern typed up. Then we talk about the border bill Republicans demanded but then… fought against after Trump said to.
 

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The Fani Willis Thing… How Bad Is It?

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In Episode 1003, Thomas and Matt are joined by Matt’s partner, Casey, to discuss what’s been going on with District Attorney Fani Willis down in Fulton County, Georgia. Perhaps you’ve heard about a scandal involving a relationship and a messy divorce… But how severe is it? How much of it is real, and how much is MAGA disinfo? What is likely to happen? Find out! 

Casey was a prosecutor at the state level for more than 15 years. She has extensive experience in both trial and appellate litigation, including a substantial caseload of major felony and homicide matters. So not only are they a prosecutor and a defense attorney, but Matt and Casey also bring some extra insight when it comes to relationships between lawyers, as they are a real-life married lawyer couple!

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For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

These Are Death Penalty Cases In Traffic Court

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In episode 1002, we get to know Matt Cameron. He talks about his background, his legal practice and areas of expertise. I ask him about the case he is most proud of, and you will not believe what it took for him to win it! Then I ask him about the case he most regrets, and… wow. Let’s just say Matt does incredibly difficult and important work. 

You do not want to miss this one, these stories are so compelling, and they make me so excited going forward with OA and Matt onboard!

If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Thomas Takes the Podcast Back

#T3PB babyyyyyy! 

Due to several good court thingies, this podcast is now hosted by Thomas Smith. Not too much can be said, but this episode contains a bit of how we got here, and the plan for the future. 

If you’d like to support the show, please pledge at patreon.com/law and get your hands on the first lawsode with Matt Cameron! Plus lots of bonus things coming.

For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

OA859: Looks Like We Won’t Have DeSantis To Kick Around Any More

On the day that Ron DeSantis dropped out of the Republican presidential primary and endorsed his personal bully, Donald Trump, Liz and Andrew cover two stories that could impact the 2024 presidential election.

First, we tackle the centrist group “No Labels” request that the Civil Rights Division of the Department begin a criminal RICO investigation into… people who don’t like the centrist group “No Labels.” Neat!

Then, we break down all of the pending actual law stuff going on in Trump’s civil defamation suit in New York — since precious little of that is going on in the courtroom itself. What’s the rule of completeness? When are defenses waived? Who has a duty to mitigate? And so much more!

Notes
Habba Letter Brief re: Mitigation
https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.272.0.pdf

No Labels
https://www.nolabels.org/documents/59546/DOJ%20letter%201.11.24.pdf

Co-founder of No Labels resigns
https://www.wsj.com/articles/no-labels-may-re-elect-donald-trump-third-party-independent-galston-rematch-f2e7697d

Semafor article on No Labels
https://www.semafor.com/article/12/19/2023/the-plot-against-no-labels

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OA858: Trump Laywers Are Tryin’ It In All The Courts

Liz and Andrew dive deeply into Alina Habba and Michael Madaio’s efforts to cross-examine E. Jean Carroll and her expert, Dr. Ashlee Humphreys. Plus much, much more!

Notes
Ameriekalinje v. Sun P. P. Assn, 226 N.Y. 1 (1919)
https://casetext.com/case/norske-ameriekalinje-v-sun-p-p-assn

Justice Manual 9-5.000
https://www.justice.gov/jm/jm-9-5000-issues-related-trials-and-other-court-proceedings

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

OA857: Can Elon Musk Blow Up Your Right To Join A Union?

After a roundup including the first day of the E. Jean Carroll trial, Liz and Andrew break down the latest SpaceX lawsuit and discuss what it might mean for the future of collective bargaining.

Notes
Nathan J. Robinson, researcher, Current Affairs, “Surely We Can Do Better Than Elon Musk,” April 7, 2021
https://www.currentaffairs.org/2021/04/surely-we-can-do-better-than-elon-musk

S. Derek Turner, “Broadband Boondoggle: Ajit Pai’s $886M Gift to Elon Musk,” Free Press, December 14, 2020
https://www.freepress.net/our-response/expert-analysis/insights-opinions/broadband-boondoggle-ajit-pais-886m-gift-elon-musk

NLRB proceedings against SpaceX
https://www.nlrb.gov/case/31-CA-307446

NLRA, 29 U.S.C. § 151 et seq.
https://www.law.cornell.edu/uscode/text/29/chapter-7/subchapter-II

NLRB damages chart
https://www.nlrb.gov/reports/nlrb-case-activity-reports/unfair-labor-practice-cases/remedies-achieved/monetary-remedies

SpaceX v. NLRB docket
https://www.courtlistener.com/docket/68136196/space-exploration-technologies-corp-v-national-labor-relations-board/

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