Opening Arguments

The answer for T3BE30 is coming your way, and we launch our next Bar Prep question with Heather!  Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1049 Qualified Immunity is insane. It's one of several ways that police evade accountability for truly monstrous acts. As unpleasant as that is, we're fortunate to have an amazing guest to take us through the history of it, as well as a new case that may be cause for optimism! From her UCLA Law bio: Joanna Schwartz is Professor of Law at UCLA School of Law and the Faculty Director of the David J. Epstein Program in Public Interest Law and Policy. She teaches Civil Procedure and a variety of courses on police accountability and public interest lawyering. She received UCLA's Distinguished Teaching Award in 2015, and served as Vice Dean for Faculty Development from 2017-2019. Professor Schwartz is one of the country's leading experts on police misconduct litigation and the author of Shielded: How the Police Became Untouchable (2023). If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1048 This decision is absolutely outrageous. It is in the hall of fame of worst Supreme Court Decisions in our nation's history. It's that bad. As such, we recorded a ton, there is yelling involved. And cursing. And we even did an extra length patron episode to answer some of your questions. Neil Gorsuch recently promised that the U.S. Supreme Court’s decision on presidential immunity would be one “for the ages,” and Chief Justice John Roberts has certainly delivered here. In this special episode recorded on the 248th anniversary of history’s most famous rejection of monarchical tyranny, we review the historical context and (alleged) legal foundations of Trump v. U.S. (July 1, 2024). How much power has the Supreme Court just given future presidents? Are the unusually stark warnings of the authoritarian consequences of this decision from the liberal dissenters as “disproportionate” as Roberts claims, or are they exactly proportionate to the broad protections against investigation and prosecution which it se

OA1047 We continue our coverage of the contempt hearing against Young Thug attorney Brian Steel with a very special guest! Attorney Ashleigh Merchant is not only the president of the Georgia Association of Criminal Defense Lawyers, but most recently known for her work in seeking to recuse Fulton County prosecutor Fani Willis from the Trump RICO case. Attorney Merchant provides her impressions of the YSL RICO trial and why  GACDL’s has to have a special “strike force” to defend attorneys in contempt matters before giving us the play-by-play on her cameo appearance in the dramatic conclusion to the hearing which we covered in Part I yesterday.  YSL Trial Day 88, Fox 5 Atlanta (full video) Full 56-page transcript of ex parte hearing with Judge Glanville, Fulton County DAs, and witness Kenneth Copeland held June 10, 2024 Ashleigh Merchant’s bio page from the Merchant Law Firm website

OA1046 Bit of a special schedule this week, for reasons that I over-explain in the first 5 minutes of this episode. But it's good reasons! Hope you enjoy. This is a part 1 of an extremely good Gavel Gavel episode. If you are a Gavel Gavel patron, you can listen to the full version in that feed now! Otherwise, stay tuned for part 2 tomorrow, with special guest Ashleigh Merchant!

OA1045 As the Supreme Court gives itself an extension on its homework, we review two of its most recent completed assignments:  Department of State v. Munoz (6/21/2024) What rights do US citizens have to object to the arbitrary denial of a spouse’s immigrant visa? Matt explains the arbitrary perils of the consular visa processing system and Amy Coney Barrett’s dangerously misguided search for deeply rooted history and tradition in an immigration system deeply rooted in white supremacy. We also discuss Justice Sotomayor’s warning in dissent about  Snyder v. U.S. (6/26/24): In fantastic news for anyone looking to give or receive a bribe, a 6-3 conservative majority has effectively read any penalties for paying a public official off after they have given you what you wanted out of federal law. Brett Kavanaugh reminds us what he was put there for by mischaracterizing the facts, finding entirely new meanings for the word “rewarded,” and worrying way too much about soccer moms inducing violations of 18 USC 666

The answer for T3BE29 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1044 Fulton County District Attorney Fani Willis has used Georgia’s RICO statute against everyone from public school teachers to environmental protesters to a former President of the United States. This week we examine Willis's massive 88-page RICO indictment of rapper Young Thug and 27 other associates of YSL, the Atlanta record label which her office alleges is also operating as a violent street gang. Matt shakes his geriatric millennial first at the scourge of mumble rap before breaking down what has already become the longest criminal trial in Georgia history and the injustice of prosecutors using an artist’s lyrics against them in court. Finally, we break down this month’s most listener-requested story: judge Ural Glanville’s inexplicable decision not only to secretly meet with a prosecutor and one of the state’s most important witnesses without defense counsel present, but to sentence Young Thug’s attorney to 20 days in jail simply for noticing that he wasn’t supposed to. What is going on here, and co

OA1043 This week: good immigration news! The Biden administration announced on June 17th that it will be moving forward with a plan to offer a pathway to citizenship for immigrants married to U.S. citizens who have been in the country for more than 10 years through a special “parole-in-place” program. Why does current U.S. immigration law make it so difficult--and sometimes impossible--for so many people who are  in loving long-term relationships with U.S. citizens to “do it the right way?” Matt breaks down the legal and historical context of the most important executive action on immigration policy since Barack Obama created the DACA program in 2012. We then speak with Emily, a U.S. citizen whose husband stands to directly benefit from this policy, for a firsthand account of the realities of living in immigration limbo. Official White House announcement of the new parole-in-place program (June 17, 2024) Extreme Hardship Considerations and Factors (USCIS Field Manual) If you’d like to support the show (

The answer for T3BE28 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!  

OA1042 Several years ago, Christopher Rufo created a bogeyman that rallied the Right across the United States to seek bans in educational environments of "divisive concepts" such as Critical Race Theory. Since the entire effort was obviously... racist, the CRT bans themselves are just perfect for a CRT analysis, and Caroline Mala Corbin is here to lead us in a classic OA Deep Dive! Caroline is a law professor at the University of Miami, focusing on the First Amendment's speech and religion clauses, reproductive justice, and the principle of equality that should run through it all. Be sure to check out the full article that was published recently in the UC Irvine Law Review! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!        

OA1041 NY defense attorney Liz Skeen is here to break this decision down. Did the Court mess it up? Or is something more complicated and unexpected happening? The answer might surprise you. Content note/trigger warning. For exactly what you'd think. If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The answer for T3BE27 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1040 We begin in Florida with yet more of Judge Aileen Cannon's efforts to delay Donald Trump's federal case, including a demand for Jack Smith to be nicer to Trump's lawyers and her decision to allow non-parties to join the fun and make arguments in an upcoming hearing about whether Smith was properly appointed to prosecute Trump at all. Hunter Biden's federal trial began this week in Delaware on charges relating to his purchase and possession of a gun which he owned for 11 days in 2018. Matt breaks down the history of this investigation, the charges, and how this case ended up going to trial before a quick time jump in which we return to review what we know one week into these proceedings. How does this trial compare to the one which concluded a week earlier with the conviction of a former President Donald Trump--and would these charges ever have been brought against someone whose last name wasn’t Biden?  11th Circuit order instructing the clerk's office to stop taking complaints about Judge Cannon Ma

OA1039 Trump’s prosecution for election interference in Georgia was just stayed by the Court of Appeals, leaving no chance that this trial will proceed before November. What happened, and how unexpected was this delay? We investigate. We then turn to our main story: Biden administration’s executive actions to “shut down the border” and close the door to asylum for many people who would otherwise be eligible. Matt explains what’s actually going on here and how much of it was already in place before we consider the practical and political consequences of Joe Biden effectively carrying out the border bill which Trump bullied Republicans not to pass.  We end by spending a few minutes discussing a recent opinion from Judge Frank Easterbrook of the 7th Circuit Court of Appeals, who has very strong--and extremely appropriate--opinions about fonts. Georgia appeals court order staying Trump’s criminal trial “A Proclamation on Securing the Border” (June 4, 2024) Interim Final Rule (“Securing the Border”)(June 4

OA's Official Bar Tutor returns! We've got the answer to Question 26, but with Heather's signature style where we're going to learn a whole lot along the way. Then, in Question 27, we've got some Constitutional Law! Be sure to play along by submitting your answer! Use #T3BE, or play on reddit.com/r/openargs!

OA1038 Today we're joined by Vox Senior Correspondent, Ian Millhiser! In his reporting, Ian focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. Ian gives us an excellent and comprehensive breakdown of Grants Pass v. Johnson, a case that could be decided any day now. As usual with this Court, the question is: How scared should we be? Check out Ian's excellent article and other reporting here. If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1037 THE JURY IS IN! Opening Arguments is coming at you LIVE AND UNEDITED today as we react in realtime to the announcement of the verdict in People v. Trump--conveniently timed for exactly the time that we had already planned to record this week! We also take a look at the lengthy closing arguments from both sides and Matt answers patron questions about some of New York’s more unusual trial practices before getting into what we can expect next. We finish out the fun with Thomas’s dramatic reading of Samuel Alito’s indignant, mendacious, and entirely unsolicited response to the Senate Judiciary Committee’s demands to speak with the Supreme Court’s manager and take a moment to appreciate his full-throated defense of a woman’s absolute right to choose (flags).  Jury instructions in People v. Trump People v. Owens, 69 N.Y.2d 585 (1987)(providing jury with written excerpt of jury instructions was reversible error) Alito’s letter to Senators Dick Durbin and Sheldon Whitehouse dated May 29, 2024

Heather is back for another bar question! Yay! Except... it's real property... NOOOOO We only do the question on this one, since we did both the Q and A last time. So, this is just a short little uncharged episode to get us back on track. It also allows me to catch up on Patron thanks! Note: two new Gavel Gavels are out, with more coming very, very soon! If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA1036 Two great stories for you today - following OA1034 on how much Alito sucks, the Law Dork himself, Chris Geidner, is on to discuss the flag habits of Samuel Alito, as well as the exclusive story he broke regarding Alito’s stock activity immediately after Libs of TikTok called for a boycott against Bud Light because…transphobia. After we vent about Alito for a bit, Chris walks us through what an Alabama judge threatened to do to a group of LGBTQ+ lawyers and it’s even worse than you could imagine. Be sure to follow Chris (@chrisgeidner/@chrisgeidner.bsky.social) and subscribe to his Substack to support independent legal journalism! Law Dork's coverage of Judge Liles Burke's orders out of the US District Court for the Northern District of Alabama If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!