Opening Arguments

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Topics of Discussion:

• Listener Questions: Follow-up on Originalism
• Breakin’ Down the Law: Derek Chauvin Trial (Graham v. Connor)
• Wild Card Segment: Can Jordan Peterson Sue for being Red Skull?
• T3BE Question

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 480.  I’m Thomas, that’s Andrew, how’re you doing, sir?

Andrew:         [Laughs] I am fantastic, Thomas, how are you?

Thomas:         I am great.  You know, those originalism episodes were so fun.  I am the editing time police on this show, and on last episode I was just like “Andrew?  No chaperones.”

Andrew:         [Laughs]

Thomas:         You know, no parents.  Go wild, man!

Andrew:         Ohh, yeah you let me have access to the punchbowl, man.

Thomas:         [Laughs] That meant just a long episode of originalism.  That’s what that means for us.

Andrew:         [Laughs]

Thomas:         But still, we’ve got a follow-up on that, and we’ve got an interesting case being cited by both the defense and the prosecution in the Chauvin trial.  That’s interesting, I want to get the breakdown on that.  Then we’ve got a wild card, but I’m gonna go ahead, right now I’m using host privileges, Andrew, and I’m saying we’re getting to the wild card today no matter what.

Andrew:         [Laughs]

Thomas:         Because I guess I’ll pose it in the form of a question that we all know the answer to.  Can Jordan Peterson sue-

Andrew:         [Laughs]

Thomas:         -for being depicted as red skull, the Red Skull?  I don’t know comic books. 

Andrew:         The Red Skull, yeah.

Thomas:         But anyway, the bad guy in the latest, what the heck, Captain America?  Is that what it is?

Andrew:         Captain America, yeah.

Thomas:         There we go.  I remember because Hugo Weaving is the guy in the movie I think I saw 10 years ago.  Right?

Andrew:         Indeed, indeed he was.

Thomas:         Good times.

Continue reading “Transcript of OA480: Why Both Sides of the Chauvin Trial Cite Graham v. Connor”

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Topics of Discussion:

• Breakin’ Down the Law – Originalism Part 2
• T3BE Answer

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 479.  I’m Thomas, that’s Andrew.  How’re you doing?

Andrew:         I am fantastic, but also literally angry with rage.  [Laughs]  

Thomas:         Oh, wow!

Andrew:         So, how are you?

Thomas:         I am – I mean, my angry with rage is that we’ve had to wait so long to get the thrilling part 2!

Andrew:         [Laughs]  

Thomas:         This is like a real Star Wars situation, you know?  You’ve gotta wait years for the sequels.

Andrew:         [Laughs]  

Thomas:         I mean, back when they were good.

Andrew:         You’re not kidding.

Thomas:         The last one was really bad.  Anyway.

Andrew:         Oh god, yeah.

Thomas:         Anyway, now we’re stirring up crap to good fans every which way, that’s how it works.  Hey, Andrew, quick reminder for everybody, I know it’s the day this show is out, but we’ve got our Patreon Q&A, that’s our monthly Q&A where questions are available to patrons only and patrons also get to kind of vote on which questions they like, but everybody gets to come watch on YouTube, on the Opening Arguments YouTube channel, so everybody, that’s tonight as you’re possibly hearing this, that’s Tuesday the 6^th at 3 pm Pacific, 6 pm Eastern.  Come check us out, it’s so fun on YouTube.  The questions are always great, Andrew’s ridiculous basement wall with a hole in it is always fun.

Andrew:         Yeah, yeah.

Thomas:         And the green screen off to the side that captures a couple pixels of the screen, very useful.

Andrew:         [Laughs]  

Thomas:         Anyway [Laughs] Andrew curses at his dialup modem.  It’s fun time for everybody.

Andrew:         We do – all of those things are 100% true.

Thomas:         [Laughs]  One more time, Tuesday the 6^th at 3 pm Pacific, 6 pm Eastern, we’ll see you there.  But we’ve got to talk about originalism.  This is part 2, it’s part 2 of 2 but not really because we could go forever.  Part 2 of however many we can get to, essentially.

Andrew:         [Laughs]  

Thomas:         I have leftover questions, I can’t wait to get into it.  As a reminder, go back and check out 477 if you haven’t because this is part 2 of that conversation about originalism, so don’t miss that one.  If you’re just coming to this one fresh, go back, check out 477, I’ll wait.  No, no, you can just pause.  Never mind.

Andrew:         Yeah.

Thomas:         I don’t have to wait.  Ah, technology!  Isn’t it amazing?  [Laughs]  Go do that and now we’ll get to part 2, here we go.

Continue reading “Transcript of OA479: No, Judges Should NOT Be Originalists, Part 2”

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Topics of Discussion:

• Open Carry in Hawaii (Young v. Hawaii)
• Biden Playing Judicial Hardball
• T3BE Question

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 478.  I’m Thomas, that’s Andrew.  How’re you doing, sir?

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

Thomas:         Not as good as you over on the beaches of Cancun with Ted Cruz, I hear.

Andrew:         [Laughs]  No, you know, more of the same, but I am very, very excited about today’s show.

Thomas:         Me too, and you know what I’m also excited about?  Tuesday’s show.  I have been dying for part 2-

Andrew:         [Laughs]  

Thomas:         -of the originalism breakdown.  So, it’s all good, make sure you listen to right now what you’re listening to and also [Laughs]  Tuesday’s-

Andrew:         More of this, yeah.

Continue reading “Transcript of OA 478: Why Biden’s Judicial Picks Are Hardball”

Listen to the episode and read the show notes

Topics of Discussion:

• Breakin’ Down the Law: Originalism Part 1
• Pop & Law with Morgan Stringer – Deshaun Watson Allegations
• T3BE Answer

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 477.  I’m Thomas, that’s Andrew.  How’re you doing, sir?

Andrew:         I’m fantastic, Thomas, how are you?

Thomas:         I am excited to get into today’s episode.

Andrew:         [Laughs]  

Thomas:         We’ve got a new Morgan segment, I mean how exciting is that?  Can’t wait to do that.  Then we’ve got to break down why originalism is bad and why that episode of Rationally Speaking was perhaps not the best.  Perhaps not the best.

Andrew:         This is a topic about which I may be well known as having some strong feelings.

Thomas:         Yeah, yeah.

Andrew:         Can’t wait for both of those.

Thomas:         And lots of listeners have asked us for this episode, including listener Thomas S.

Andrew:         Yeah.

Thomas:         I can’t wait, we’d better get to it.

Continue reading “Transcript of OA477: No, Judges Should NOT Be Originalists”

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Topics of Discussion:

• Sidney Powell
• Breakin’ Down the Law: Derek Chauvin Trial Update
• T3BE Question

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 476, and that means it’s no intro day!  Wooo!

Andrew:         Wooo!

Thomas:         Andrew and I haven’t heard it yet, because I still have to make it.

Andrew:         [Laughs]

Thomas:         But it was probably so good, thanks to everybody who gave me those amazing Simpsons and/or Futurama and/or some obscure British comedy I’ve never heard of quotes.  [Laughs]

Andrew:         [Laughs] This is one of the fun moments every 25 episodes, getting to change out the intro quote.  I know some people complain about the length of the intro, but you know?

Thomas:         If they do, I’ve never heard that.

Andrew:         It’s exactly two “skip ahead 30’s” on your Podcast-

Thomas:         I’ve never heard anyone complain about it, and if thy do you’re totally right, that’s on them, just skip it, I don’t care.

Andrew:         Yup! [Laughs]

Thomas:         Anyway, so much to talk about today.  Oh, man, I don’t even have time to summarize it!  With the Sidney Powell stuff, oh, jeez, there’s so much there.  We’ve got Derek Chauvin, big updates in the Trial, and maybe we might get to some gun control stuff?  We’ll see how that goes because this seems like a jampacked episode.

Continue reading “Transcript of OA476: Sidney Powell’s Defense is Even Worse Than You Think”

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Topics of Discussion:

• Alan Dershowitz Has a Podcast
• Breakin’ Down the Law: Citibank Lawsuit
• T3BE Answer

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 475, what a number.  What a number!  Speaking of, we’ve got new intro quotes coming at you next episode!

Andrew:         Oh! [Sighs]

Thomas:         Andrew already posted the Patreon thread where you can suggest them and you can vote on your favorites.  That helps me, it helps me see who’s interested in what.  Make sure to do that, but all that aside, Andrew, how’re you doing today?

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

Thomas:         Doing great.  What a number, 475.  We’re closing in on 500.  I guess it’ll be a few months away, but-

Andrew:         What are we gonna do for our 500^th episode?

Thomas:         Probably a deep dive on something.

Andrew:         [Laughs]  

Thomas:         Carburetor law, I dunno. 

Andrew:         Carburetor law, alright.

Thomas:         It was just the first thing that came to my mind.  I’d be like well-

Andrew:         Huh.

Thomas:         Andrew’ll be like “there’s regulation on how much … carbonation?”  I don’t know what carburetors do.

Continue reading “Transcript of OA475: Citibank’s $900 Million Oopsie”

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Topics of Discussion:

• Kavanaugh Investigation
• Breakin’ Down the Law – Lawsuit Against The Recovery Act
• T3BE Question

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 474.  I’m Thomas, that’s Andrew, how’re you doing, sir?

Andrew:         I’m fantastic, Thomas, how are you?

Thomas:         I’m fantastic that you’re fantastic.

Andrew:         [Laughs]  

Thomas:         We’ve got – I mean, not only do we have a great show, I just can’t hold it in a moment longer, Andrew.  Cop Rock, with Eli Bosnick.

Andrew:         [Laughs]  

Thomas:         Coming to a Law’d Awful Movies near you this weekend.

Andrew:         Oh, gosh.  Yeah.

Thomas:         Eli Bosnick, for anyone who doesn’t know, is one of the funniest people on the planet, and Cop Rock is one of the most ridiculous things that you wouldn’t believe exists.

Andrew:         [Laughs]  

Thomas:         We’re gonna do Cop Rock episode 1.  Now, I had to get Cop Rock from, like, a guy in a parking garage.  You know, the methods that I had to use-

Continue reading “Transcript of OA474: FBI “Faked” Kavanaugh Investigation?!”