OA424: No Charges for Breonna’s Killer

The law worked… how it’s designed to work. Andrew gives us the breakdown on what happened, and what didn’t happen.

After that, Andrew has the deepest of dives on Amy Coney Barrett, the odds-on favorite to be the next fundamentalist Justice on the Supreme Court.

Links: Your homework for next episode What If Trump Refuses to Concede?, Hankison indictment, Kentucky Penal Code § 508.060, 431.073 Certain felony convictions may be vacated, Coney Barrett cult People of Praise, Catholic Judges in Capital Cases, Transcript: JFK’s Speech on His Religion, Kanter v. Barr Addition Coney Barrett stuff: US Equal Emp’t Opportunity Comm’n v. AutoZone, Inc., 860 F.3d 564, EEOC v. AutoZone, Incorporated – CourtListener.com, Schmidt v. Foster, 891 F.3d 302.

Appearances

None. Invite us on your show!

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Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

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-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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OA423: White Collar Crime Explained, with Randall Eliason

*note that this episode was recorded before RBG’s death and the resulting tenfold increase in existential doom feelings*

If you’re a keen listener, you might remember last time we had Prof. Randall Eliason on, he teased his forthcoming Great Courses Course! Well, it has now forth-come. Here’s his new course! It’s on White Collar Criminal Law, and boy does that sound relevant to.. *gestures broadly at the entire current administration*.

In the first segment we answer whether or not Trump could be charged with manslaughter for all the slaughtering of man he did by lying about COVID-19.

Appearances

None. Invite us on your show!

-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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What Now?

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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OA422: Road to Sedition aka Bill Barr, Evil POS

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.

Appearances

None. Invite us on your show!

-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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OA421: Trump Evades Justice on Emoluments in 1st Term

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

Appearances

None. Invite us on your show!

-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 OA420: DoJ Defending Trump in Carroll Case?

Listen to the episode and read the show notes

Topics of Discussion:

[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. 

Continue reading “Transcript of OA420: DoJ Defending Trump in Carroll Case?”

Transcript of OA419: What Happened in McGirt v. Oklahoma

Listen to the episode and read the show notes

Topics of Discussion:

[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]

Continue reading “Transcript of OA419: What Happened in McGirt v. Oklahoma”

OA420: DoJ Defending Trump in Carroll Case?

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.

Appearances

None. Invite us on your show!

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

Listen to the episode and read the show notes

Topics of Discussion:

[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.

Continue reading “Transcript of OA418: D.C. Circuit Panel’s Multiple Bad Court Thingies”

OA419: What Happened in McGirt v. Oklahoma

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.

Appearances

None. Invite us on your show!

-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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