Transcript of OA358: Can Trump Block New Yorkers From Global Entry? (No.)

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 358.  I’m Thomas Smith, that over there is P. Andrew Torrez, esquire.  How’re you doing Andrew?

Andrew:         [Laughing] I am doing fantastic!  Did you see, one of our listeners sent P. Andrew Torus with the donut shape on social media?

Thomas:         Yeah!

Andrew:         You know, as long as we’re continuing to add plays on my last name.

Thomas:         It’s hard to compete with your cow name, though, P. Andrew Taurus.

Andrew:         Oh, no, obviously that’s the best.  Shout out to Del.

Thomas:         Because you moo the noodle! [Laughs] You moo the noodle, so we can’t.

Andrew:         [Laughs]  

Continue reading “Transcript of OA358: Can Trump Block New Yorkers From Global Entry? (No.)”

OA358: Can Trump Block New Yorkers From Global Entry? (No.)

Today’s episode takes place in the aftermath of the Trump impeachment sham. We take a minute to heap praise on Sen. Mitt Romney, who had the courage of his convictions, before delving into the obvious fact that this president is now empowered to seek revenge on his enemies, starting with the State of New York. Can he really prevent New Yorkers from using Global Entry?

Before that, we have to cover the latest in faux outrage, in which America’s Dumbest Congressman (TM), Matt Gaetz, teams up with Charlie Kirk (and others) to … insist that Speaker Nancy Pelosi had no right to rip up her copy of Trump’s State of the Union address. Can that possibly be the law? (No.)

Then, it’s time to settle in for a nice, long deep dive into New York’s Green Light Law, and how that led a Trump lackey to try and retaliate by asserting that New Yorkers will no longer be eligible for the Global Entry program at airports. Is it really possible that Trump’s Department of Homeland Security will carry out this threat? Do we have a legal recourse? Listen and find out!

After all that, it’s time for a brand-new #T3BE on the preservation of objections for appeal. Can Thomas continue his winning streak? Would you do any better? If so, just share out this episode on social media using the hashtag #T3BE and we’ll pick a winner!


None! If you’d like to have either of us as a guest on your show, drop us an email at

Show Notes & Links

  1. The operative law that Speaker Pelosi definitely didn’t violate — but President Trump has — is 18 U.S.C. § 2071.
  2. You can read all about New York SB1747B (the “Green Light Law”) as well as check out the fact sheet issued by the DMV.
  3. We break down the nonsense threat letter written by “Acting Director” of DHS, Chad Wolf.
  4. Legal references! Check out 8 U.S.C. § 1365b; 74 FR 59932; 77 FR 5690; and the final rule, 8 C.F.R. 235.12.
  5. Finally, in the political aftermath, we mentioned the pending bipartisan bill, House Res. HR 3675.
  6. Check out the latest blog post from Marcy Wheeler, which sets out her take on Lt. Gen. Michael Flynn and sets out the embedded legal documents.

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