OA486: Apportionment Might NOT Be Final

You all probably heard by now that NY lost a House seat by 89 people… But did they? Andrew argues that this has been misreported. Find out why! Along the way, find out way more than you ever wanted to about the math and Al Gore Rhythms behind apportionment! Also, Rudy Giuliani had some things taken in what shouldn’t be called a “raid.” Couldn’t’ have happened to a nicer obvious criminal! Then we answer some feedback on the previous episode, OA485: What If Your Client Tells You They’re Guilty?

Links: OA307: Apportionment – The Census Fight Is Not Over, NPR 2020 Census Results, 13 US Code § 141 – Population and other census information, Executive Order on the Census, 2020 Census Apportionment Results, 2 U.S. Code § 2b, Method of Equal Proportions, Reapportionment Under the 1950 Census, “Computing Apportionment,” US Census Bureau, Model Rule 3.3: Candor Toward the Tribunal

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Transcript of OA485: What If Your Client Tells You They’re Guilty?

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 485.  You know, we’re closing in on 500, Andrew.  We’d better do something cool, I don’t know what.

Andrew:         Alright.

Thomas:         We’ll figure out – we’ll do a backflip.  That’s the first thing-

Andrew:         [Laughs] I nominate you to do that.

Thomas:         Not it! [Laughs]  Only got 15 episodes to try to be able to do a backflip.  I’ll start working on it, I may be broadcasting from one of those cartoon full body casts next time, but I’ll have Lydia position the mic real well for me.

Andrew:         [Laughs] You’re pretty much broadcasting from one of those already.

Thomas:         [Laughs] I do play hockey, so yeah.  How is it going, everybody, how’s it going Andrew?

Andrew:         Fantastic as always, how’s it going with you?

Thomas:         Going great.  I’m excited.  Great listener questions today, there’s so much to talk about.  I’m seeing just an absolutely full spreadsheet, here, Andrew, so we’ll see if you can get through it.  [Laughs]  

Andrew:         Keep your fingers crossed, but yeah, we have a backlog of some really fantastic questions that I thought was high time for us to devote an episode to those listener Q’s.

Continue reading “Transcript of OA485: What If Your Client Tells You They’re Guilty?”

OA485: What If Your Client Tells You They’re Guilty?

… and other great questions from listeners! We get so many intelligent, thoughtful questions from our amazing listeners and patrons that we decided to do a show about it! Today’s episode features 3 listener questions. First, what happens if your client tells you they’re guilty? Next, a union leader asks if Janus v. AFSCME completely disregarded Garcetti v. Ceballos? Finally, can electors report fractional votes?

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Transcript of OA484: Chauvin Guilty! What to Expect Next

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 484.  I’m Thomas, that’s Andrew, how’re you doing my friend?

Andrew:         I am fantastic, Thomas, how are you?

Thomas:         You know?  Fantastic. 

Andrew:         [Laughs]

Thomas:         There’s so many different reactions, there’s so many different ways to react and word games and things we’re doing with this, but let’s be fair, we got justice here.  We got justice, Derek Chauvin is a murderer, he’s guilty on all three counts.  That’s major news.  Should be status quo, but it isn’t.  Can’t take anything for granted.  [Laughs]

Andrew:         Yeah, no, that’s exactly right.  As we’ve said here and elsewhere, I get the Negatron position of well, if you can’t get a guilty verdict when the crime is-

Thomas:         Yeah.

Andrew:         -completely recorded on video, when are you ever gonna get one?  I get that, but we got one.

Thomas:         [Laughs]

Andrew:         Let’s focus on that.  Also, a huge shoutout, somebody that is going lesser appreciated in this, to Darnella Frazier.

Thomas:         Yeah.

Andrew:         That’s the 17-year-old who recorded the entirety of the event.

Thomas:         Yeah.

Andrew:         She is a hero and deserves that shout out.

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OA484: Chauvin Guilty! What To Expect Next

It’s good news! Chauvin was found guilty on all 3 counts! Andrew breaks down what to expect with sentencing, and a number of interesting legal quirks along the way. Also, should we be worried about an appeal? What about the Maxine Waters comments? Find out!

Links: State v. Martin, 211 N.W.2d 765 (Minn. 1973), MINNESOTA SENTENCING GUIDELINES, Minn. Sentencing Guidelines and Commentary, Sentencing Guidelines Grid, Sample PSI Report Vermont

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Transcript of OA483: SCOTUS Grants Absurd Privilege to Churches in New Ruling

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments.  This is episode 483.  I’m Thomas, that’s Andrew, how’re you doing Andrew?

Andrew T.:    I’m fantastic, but I’m extra fantastic today.

Thomas:         Yeah, again, I think it evens out.  I’m exactly the same as I would otherwise be, Andrew, because-

Andrew T.:    [Laughs]  

Thomas:         -while it is delightful that we’re having Andrew Seidel on, who we love, we also love his butt.  It’s a long history of that joke if you don’t know what we’re talking about, sorry, we can’t catch up, it’s too much.  Too much to summarize.

Andrew T.:    [Laughs]  

Thomas:         But Andrew Seidel’s butt is here, which is great.

Andrew T.:    Is it really too much to summarize?

Thomas:         [Laughs] There’s somebody with an unreasonable-

Andrew T.:    He has an attractive butt.  That’s it.  [Laughs]  

Thomas:         Well, but there’s an unreasonable – a fan with an obsession with it, he’s made a Twitter account.  You know, there’s a lot to it.  But anyway, that’s all exactly cancelled out by the fact that whenever we have Andrew Seidel on, that means the Supreme Court just did a really dumb thing regarding religion.

Andrew T.:    [Sighs]

Thomas:         I feel like this was a really, really dumb thing regarding religion.

Andrew T.:    You know, we can really let Andrew go-

Thomas:         Yeah.

Andrew T.:    -and just call the episode here.  But I think folks would like to know exactly how and exactly why and is it as bad as you think?  And yes, it is. 

Thomas:         Let’s get him on the line and talk about [Sighs] the theocrats in the Supreme Court.

Continue reading “Transcript of OA483: SCOTUS Grants Absurd Privilege to Churches in New Ruling”

OA483: SCOTUS Grants Absurd Privilege to Churches in New Ruling

Andrew Seidel of the FFRF joins us to discuss the absolutely terrible SCOTUS decision in Tandon v. Newsom. As you might expect, it’s a complete disgrace that further enshrines Christian Privilege into law, in total contradiction of Church State Separation.

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Transcript of OA482: Justice for Daunte Wright

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Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 482.  I’m Thomas, that’s Andrew, how’re you doing, sir?

Andrew:         I am fantastic, Thomas, how are you?

Thomas:         I’m doing great.  It’s my son Arlo’s birthday today.

Andrew:         Oh!

Thomas:         He turned two.  I am just so over the moon.  I love that little guy.  He’s got so big.

Andrew:         [Sighs]

Thomas:         I switched around his car seat so he’s front facing now.

Andrew:         Oh gosh!

Thomas:         I can’t wait to drive around, be able to see him a little better.

Andrew:         Two, that means – for me it was like “alright, well, tee ball starts when you’re three.”

Thomas:         [Laughs]

Andrew:         [Laughs]

Thomas:         He is, yeah, he’s gonna be base jumping.  He is a daredevil; he just likes jumping off of stuff like crazy.  Drives his mom crazy.  Anyway, that’s what’s on my mind, but we’ve got a lot to talk about.  First up, Andrew Seidel is on next episode.  As much as we love Andrew Seidel, that usually means the Supreme Court did something really stupid, so…

Andrew:         Indeed. 

Thomas:         [Laughs]

Continue reading “Transcript of OA482: Justice for Daunte Wright”

Transcript of OA481: Sanctions Motion Obliterates Sidney Powell

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments.  This is episode 481, I’m Thomas, that’s Andrew, how’re you doing, sir?

Andrew:         I am fantastic, Thomas, how are you?

Thomas:         I’m doing great!  We’ve got a lot of fun stuff, we’ve got Sidney Powell to talk about!

Andrew:         [Laughs]  

Thomas:         Possibly consequences for Sidney Powell, which is the important part, and follow-up on the case where you said John Roberts was right and everybody else was wrong.  I’m very curious to hear if you’re changing your mind on that or not, and some more Banque Worms possibly!

Andrew:         [Laughs]  

Thomas:         A little bit of … Andrew Was Wrong on Banque Worms, and other stuff.  We’ll see if we can squeeze all that in, but here we go, let’s get right to it so we get to do all our segments.

Andrew:         Okay.

Continue reading “Transcript of OA481: Sanctions Motion Obliterates Sidney Powell”

OA482: Justice for Daunte Wright

Officer Kim Potter was charged with 2nd Degree Manslaughter in the killing of Daunte Wright. She claims she meant to fire her taser. Could she face more serious charges? Then, Andrew breaks down Maryland’s Police Reform Bill. It’s pretty good stuff, so naturally Democrats had to override the Republican Governor’s veto. And finally, we’ve got a wildcard in which Sydney Powell responds to charges of incompetence with EVEN MORE INCOMPETENCE.
Links: Andrew’s Full Baseball Lecture, the slides, Kim Potter Charging Documents, Sec. 609.205 Man 2, MINNESOTA SENTENCING GUIDELINES, Sec. 609.20 MN Man 1, MD SB71, SB178, HB670, Evers’ brief, Powell Motion to Strike, Evers response, Powell motion to strike (actual motion)

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