Category: Podcast

RBG has died. This is terrible. Absolutely, unambiguously terrible. We were already recording something else when the news broke, so we decided to stop that recording, and give you our live, unfiltered reaction to the news. This is not a tribute to RBG. We are going to regroup and make sure we properly honor her immense legacy at a later time. This is a very human, fearful reaction to the awful news. Andrew breaks down the situation, and what is likely to happen. Keep in mind, he successfully predicted the last two Supreme Court appointments before they happened.

We hope this episode helps you process. Let’s all be a little kinder to each other today. We truly love our OA community and we are so unbelievably thankful for the great work so many of you are doing to fight for a better future.

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Certified supervillain Bill Barr has a new plan to arrest protestors for sedition and subversion. How worried should we be about this? What’s the legal basis? As always, we’ve got the full breakdown!

Before that, we briefly preview a horrifying story about possible eugenics being perpetrated by ICE. It’s horrendous. We hope it’s not real, but unfortunately… it might be. We also give some updates on the government taking over for Trump in the E. Jean Carroll case.

Links: DC v. Ballenger, 28 US Code § 1447 – Procedure after removal generally, Barr Tells Prosecutors to Consider Charging Violent Protesters With Sedition, Harry Bridges – Wikipedia, 18 US Code § 2385 – Advocating overthrow of Government, Dennis v. U.S., 341 U.S. 494 (1950), Robert G. Thompson, Brandenburg v. Ohio (1969), 18 US Code § 2384 – Seditious conspiracy, US v Rahman, 189 F. 3d 88 (2nd Cir. 1999), Omar Abdel-Rahman.

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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There’s no sugar coating it: the wheel of justice was so f***ing slow it couldn’t do anything to Trump in 4 damn years. Come on in and hear the breakdown of the breakdown of justice.

In our second segment we discuss even more crimes that Trump was shown to be guilty of in the Mueller Report. Yes, the Mueller Report. It was NOT total exoneration, or really any kind of exoneration, as it turns out.

Links: Tatel, weakest emoluments case; covered in OA361: DC Sides with Trump in Emoluments Case?; and OA391: Republicans Are Still Trying To Break the Government, Part Eleven Billion; DOJ opposition to cert; DC & Md v Trump discussed on OA386: The Opening Arguments Amicus Brief!; interlocutory appeal 28 US Code § 1292 – Interlocutory decisions; CREW v. Donald J. Trump; lost initially Case 1:17-cv-00458-GBD Document 103 Filed 12/21/17; won after 1.5 years CERTIFIED COPY ISSUED ON 09/13/2019; Leopold/Buzzfeed FOIA Lawsuit denied; Less Redacted Mueller Report; part 2; OA324: Trump’s 9 Crimes and Misdemeanors

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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You’ve likely seen the headlines saying the DoJ wants to take over defending Trump against E. Jean Carroll, but you haven’t heard it properly explained by our esteemed P. Andrew Torrez! So what’s happening and is it normal? The answer might actually surprise you…

We also talk a little about Bob Woodward’s recordings of Trump and how totally awesome it is that he kept them secret for 7 months to sell his book.

Links: Another Trump Judge Rate Not Qualified; Carroll v Trump; SDNY Docket; DoJ Statement for Intervention; 28 USC 2679; 28 U.S. Code § 1446 – Procedure for removal of civil actions.

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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Did Neil Gorsuch and his 4 flaming liberal friends in the Supreme Court just give away half of Oklahoma? Ted Cruz thinks so, so that should tell you. But if you want to really know what happened, check out this Andrew Torrez Signature Deep Dive!

In our first segment, we talk about whether any new information has changed our view of the Rittenhouse killings. Is Rittenhouse a terrorist? Is there any reasonable self-defense claim?

Links: U.S. v. Thomas, 34 F.3d 44 (2d Cir. 1994); United States v. Alvarez, 755 F.2d 830, 842-43 (11th Cir.); 474 U.S. 905, 106 S.Ct. 274, 88 L.Ed.2d 235 (1985); Postal Service Has Paid DeJoy’s Former Company $286 Million Since 2013; Did We Give Away Half of Oklahoma? | LegalEagle’s Law Review; Idiot Ted Cruz on Twitter; Plan of action remains unsettled after McGirt decision.

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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Our main story today is how the DC Circuit Court has helped Trump successfully avoid accountability until after the election. You may remember Don McGahn from such investigations as Robert Mueller’s. McGahn refused to cooperate at all with the House’s impeachment investigation, under the complete nonsense theory of absolute immunity. Andrew breaks down what happened and gives a signature deep dive on House subpoena power!

Our first segment is some good news and “Andrew was right” about the Flynn case. It could mean the Return of the OA Brief!

Links: Feb. 2020 McGahn ruling; OA366: Your Guide to the Coronavirus!; Committee on the Judiciary v. McGahn; 8-31-20 McGahn ruling; McGrain v. Daugherty, 273 U.S. 135 (1927); order staying the mandate.

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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Be warned, this episode contains explicit language and Trumpian hypocrisy. Given that the RNC was basically a 4-night Hatch Act Violation Spectacular, Andrew is delivering us the Hatch Act deep-dive we need. Joining us to talk about her personal experience with the Hatch Act is Allison Gill of Mueller She Wrote! That’s right, now that she was fired from her government job, “AG” is now unmasked!

Links: Hatch Act; penalties for violation; 10 U.S.C. § 973 and 18 U.S.C. § 593 pertaining to military; CREW v. OSC on Kellyanne Conway.

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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17 year old murderer Kyle Rittenhouse was treated as a friend by the police even after he killed two people. Jacob Blake was shot in the back 7 times despite being unarmed. The difference? You already know it. Andrew gives us the breakdown of what happened, and what possible legal defenses we might see from Rittenhouse and the horrible right wingers who are already embracing him.

In the first segment, we get a positive update on the USPS from a listener. And in the final segment, we get more positive news, this time from the Gavin Grimm case we’ve previously covered.

References:

USPS – 18 U.S. Code § 1703 delay or destruction of mail; House bill to repeal pre-funding mandate; expedited to street/afternoon sortation; New York v Trump; Trump’s win rate is terrible.

Kenosha – Cop Identified; Wis DOJ update; Kenosha Guard calls for Armed Vigilantes; NYT Kyle Rittenhouse Timeline; Kenosha Cops Silent on Support for Militia Ahead of Kyle Rittenhouse Shooting; Cops “appreciate” militia; Kenosha Police Chiefs blames victims; arrest warrant; Wisconsin Statute: 940.01; Wisconsin Statute 939.50; Federal Charges.

Grimm – OA51: The Grimm Reality About Transgender Bathrooms; OA306: From Gavin Grimm to Jeffrey Epstein; 17-1618 Bostock v. Clayton County; OA397: Explaining Bostock v. Clayton County; 4th Circuit Ruling on Grimm.

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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We’re finally getting the deep-dive we’ve always wanted on the *drum roll* Unites States Postal Service! Questions answered by our esteemed Andrew include: Who is DeJoy? How is he even there? Why is the Post Service losing so much money? What’s with the sorting machines and boxes disappearing? All those answers and more!

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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So much to discuss on today’s show! Bannon busted on billionaire’s boat by the boys in blue! Leaders Of ‘We Build The Wall’ Online Fundraising Campaign Charged With Defrauding Hundreds Of Thousands Of Donors.

Also, Andrew gives us some highlights from the Senate Intelligence Committee Report. Despite being controlled by Republicans, this report was VERY damning.

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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