Opening Arguments

If you’re anything like me, you’ve been waiting for the Andrew breakdown of the FBI warrant service on Mar-a-Lago. Well, here it is, PLUS breaking news while we were recording! We didn’t yet have the info that it might be nuclear documents, which makes everything Andrew said EVEN MORE right.

Links: 18 U.S. Code § 3109, 18 U.S. Code § 3103a – Additional grounds for issuing warrant, List of attorneys who tried to steal your 2020 vote, What were FBI agents looking for in Trump’s Mar-a-Lago? : NPR, Dep’t of the Navy v. Egan, 484 U.S. 518 (1988), Basic Laws and Authorities | National Archives, The FBI Just Raided Trump’s Mar-a-Lago Home, Justice Dept. using grand jury to probe Trump’s Mar-a-Lago documents, National Archives had to retrieve Trump White House records from Mar-a-Lago, 44 U.S. Code Chapter 22 – PRESIDENTIAL RECORDS, 44 U.S. Code § 2202, 18 U.S. Code § 1924 – Unauthorized removal and retention of classified documents or material, 18 U.S. Code § 793 – Gathering, transmitting or losing defense information, “Lock Her Up” | Law Offices of P. Andrew Torrez, 18 U.S. Code § 2071 – Concealment, removal, or mutilation generally, Jan. 6 committee tees up 20 witness transcripts for DOJ

Seth Barrett Tillman, ‘Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications,’ 5(1) British Journal of American Legal Studies 95 (2016) (peer review)

Seth Barrett Tillman, ‘Secretary Clinton Can Relax Because Section 2071 Disqualification Does Not Apply to the Presidency: A Response to Attorney General Michael B. Mukasey and Cause of Action (with a Short Reply from Attorney General Mukasey)’ (2015)

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

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Listeners will know we have been incredibly hostile to the idea of voting for or running as a third party candidate. Despite that, Matthew Hoh, Green Party candidate for Senate in NC, accepted Andrew’s invitation to come on the show. So why is he running? Can we convince him it’s a bad idea? Listen and find out!

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

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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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This is… wow. Just wow. Jones’s lawyers accidentally handed over his entire cell phone and didn’t remedy it when they could have. Just staggering. Get Andrew’s full breakdown of this glorious happening. Also, GOOD NEWS FROM KANSAS! The people of Kansas did a good thing. And Pat Cipollone was subpoenaed by the Justice Dept! All in all just a really good news episode.
Links: Hodes & Nauser v. Schmidt, House Concurrent Resolution No. 5003, Justice Dept. Subpoenas Pat Cipollone, Justice Dept. Asking Witnesses About Trump, U.S. v. Nixon, Cassidy Hutchinson kept working for Donald Trump for 9 weeks, Jones video, Strickland v. Washington, 466 U.S. 668 (1984)

-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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In today’s doom coverage, Andrew breaks down Moore v. Harper and how it is completely outrageous that the Supreme Court granted cert. It’s bad. It’s real bad. But guess what! It’s also worse.
In the first segment, we talk about the likelihood that the Secret Service texts were lost accidentally. Lots of tech people contacted us about prior coverage.

Links: Cert petition, Amicus by the national Republican redistricting trust, Bush v Gore, McPherson v Blacker, Smiley v Holm, opposition brief

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There was a truly amazing moment in the Alex Jones trial that we can’t wait to share with you. And, it’s a chance for some law talkin’! Jones’ lawyers are completely inept and we should all enjoy nice things. Then, Andrew takes us through an interesting election situation in North Carolina involving the Green Party. Guess what, they still suck and are helping Republicans win! So much so that Republicans are literally fighting legal battles for Green Party candidates.

Links: Rule 801, Strickland v. Washington, Matthew Hoh, NC § 163-122, NC Stat. § 163.96:  create a new party, Candidates – North Carolina Green Party, Docs from state board meeting on Green Party, Matthew Hoh tweet, Republicans financed Montana Green Party

-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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The 8th and final(???) Jan 6. Hearing happened in prime time on Thursday. We saved our Monday deep dive for it! As usual, Andrew breaks it down with clips! Also, Bannon found guilty! and Jeff Clark hit with disciplinary hearings! What a great day!

Links: 2 U.S. Code § 192 – Refusal of witness to testify or produce papers. Jeff Clarke proceedings, Opening Arguments live tweet thread, 18 U.S. Code § 371 – Conspiracy to commit offense, 18 U.S. Code § 1512 – Tampering with a witness, victim, or an informant, Hearing video

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

-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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You may remember the ripoff scam that is Christian Health Share Ministries from such episodes as OA497: Christian Health Sharing Is a Scam and OA530: Andrew Testifies to Congress on Christian Healthshare Ministries! Well, as a direct result of Andrew’s House testimony, Rep. Jared Huffman has sponsored and introduced a new bill to fight back against this scam! It’s H.R.8324 – Health Share Transparency Act of 2022. Rep. Huffman is also a co-founder of the Congressional Freethought Caucus! He joins us today to explain the bill.
Before that, I grill Andrew on the Secret Service deleted texts, with such questions as “what the f?” and “how the h?” There’s a lot we can’t know yet, but Andrew explains what we do know. Finally, we go through the first gun control legislation passed in two decades. It’s good!

-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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If you or anyone you know is President Biden, please dear god listen to this episode and then get the word out. The FEC has been broken and corrupted by Trump appointees. Biden could have easily done something about it from day 1 of his administration and he just… hasn’t. Listen to the full story and see example #9,576 of why Trump and Republicans can never be trusted in office.
In the first segment, we get a big update on the Musk Twitter deal. Andrew nailed another one!

Links: 52 US Code § 30106 – FEC, 52 US Code § 30107 – Powers of Commission, 52 US Code § 30108 – Advisory opinions, 52 US Code § 30104 – Reporting requirements, Hillary campaign FEC, FEC ruling, conciliation

-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 haven’t gotten a chance to pat Andrew on the back enough for nailing the Cipollone prediction, so let’s do so! Tuesday was the first hearing since that bombshell news, and it featured a little bit of Cipollone testimony, but also teased much more to come. Andrew takes us through the hearing, with some clips. And, he has another prediction! Given his track record, we’d better take note!
Links: Meadows docs, Cleta Mitchell docs

-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

Download Link