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Episodes

OA228: Jim Acosta, Sovereign Immunity & More!

11/20/2018
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Today's Deep Dive Tuesday tackles the motion for preliminary injunction and underlying lawsuit brought by CNN and Jim Acosta against the Trump White House for revoking his press credentials. You'll get to hear about how Andrew Was Right... last Thursday (!) As a bonus, you'll get a listener question that segues into a mini-deep-dive on the "sovereign immunity" doctrine! We begin, however, with some initial information about the still-sketchy situation surrounding Michael Avenatti and his...

Duration:01:09:05

OA227: Brian Frosh Takes On Matthew Whitaker & More!

11/16/2018
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Today's Rapid Response Friday takes a deep dive into the recent lawsuit filed (actually, amended) by Maryland's ace Attorney General, Brian Frosh, challenging the appointment of Matthew Whitaker as Acting Attorney General. We begin, however, with an Andrew Was Right (and Wrong, sadly) roundup of a bunch of issues: (1) whether the midterm elections were a "Blue Wave" (they were); (2) the formation of a new breakaway conservative legal group; (3) Jeff Flake's efforts to protect Robert...

Duration:01:26:54

OA226: How Dems Can Force Trump's Tax Returns

11/13/2018
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...using this one weird trick! (but for real.) It's a new intro this week and Thomas hopes you don't mind the departure from the regular quotes. After that Andrew has updates on several cases for us! They involve: the Emoluments Clause, a 40 foot cross, Net Neutrality, and Monsanto! Then we get to the meat of our episode, which is about how the Democrats in the House can now use their power to force Trump's tax returns out. It has lots of twists and turns and isn't as straightforward as you...

Duration:01:07:35

OA225: Elections Have Consequences... for Jeff Sessions

11/9/2018
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Today's Rapid Response Friday covers the two things that are definitely on everyone's minds: (1) the midterm elections, and (2) the fate of the Mueller investigation and more in light of President Trump's decision to fire Attorney General Jeff Sessions. Elections have consequences... don't they? We begin with a roundup of the outstanding legal issues in connection with the midterms. After that, it's Yodelin' time. What happened to G. Zachary Terwilliger? Is the Mueller investigation in...

Duration:01:15:12

OA224: Andrew Debates Prof. Justin Walker!

11/6/2018
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At long last, we've got the audio from Andrew's debate with University of Louisville Law School professor, member of the Federalist Society and former Brett Kavanaugh clerk Justin Walker! The debate was put on by the American Constitution Society and Americans United for the Separation of Church and State. It was moderated by the ACLU! After that, it's the thrilling conclusion to TTTBE100.... Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook:...

Duration:01:32:16

OA223: A Victory for Voting Rights in Pennsylvania!

11/2/2018
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Today's Rapid Response Friday revisits some cases we've previously discussed with recent positive developments: the Summer Zervos lawsuit and the future of political gerrymandering in Pennsylvania. We begin with the Zervos lawsuit we first covered in Episode 176, in which a state trial court judge has ordered Donald Trump to respond to discovery served by Zervos's attorney. What's next for the President and why does it have Yodel Mountain implications? You'll have to listen and find...

Duration:01:18:55

OA222: Entire WV Supreme Court Impeached?!

10/30/2018
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Today's episode tackles an issue you've all been writing about: what exactly is going on in West Virginia, where the entire state supreme court has been impeached? We break it down for you! First, though, we start off with a roundup on voter suppression, including Georgia's "exact match" requirement being used to deny new registrations. After that, it's time to go deep, deep down the rabbit hole in West Virginia. It's... kind of amazing, actually. Then, we move to a breaking story...

Duration:01:05:15

OA221: Elections Have Consequences, Florida Edition

10/26/2018
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Today's Rapid Response Friday takes us back to a well-worn trope here at OA that we can't emphasize enough in late October: elections have consequences! Specifically, we take a look at the importance of past and future elections in the pivotal swing state of Florida. We begin, however, with a quick statement on the Trump administration's apparently-leaked policy regarding trans people and some new developments. After that, it's time for the ever-popular Andrew Was Wrong segment, with two...

Duration:01:28:12

OA220: Carter Page, Clownhorn

10/22/2018
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Today's Rapid Response Tuesday takes an in-depth look at OA's new favorite clownhorn, Carter Page, and his delightfully mad lawsuit against the Democratic National Committee, the law firm of Perkins Coie, and (I think) the Ancient Order of the Illuminati. Strap in! We begin with some good ol'-fashioned yodeling, with a roundup of stories with Yodel Mountain implications, including (1) the report that Mueller's probe will conclude after the midterms; (2) Paulie Manafort's latest motion; (3)...

Duration:01:12:27

OA219: Harvard and Affirmative Action

10/19/2018
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Today's Rapid Response Friday takes us to the front lines of the affirmative action debate with the trial of Students For Fair Admissions, Inc. v. Harvard, a lawsuit brought by a single-issue right-wing activist determined to end diversity as a criterion in school admissions. (And yes, we tell you what we really think!) We begin, however, with some news regarding the Monsanto trial we profiled back in Episode 202. After that, it's time for a deep dive into the nuances of affirmative...

Duration:01:20:03

OA218: Ashers Baking Co., Net Neutrality & Stormy!

10/16/2018
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Today's (thankfully) Kavanaugh-free episode -- in honor of Thomas's appearance at QED in Manchester -- takes an in-depth look at the Ashers Baking Co. case, as well as developments at the state level to push for Net Neutrality. Oh, and we revisit OA's favorite legal genius, Stormy Daniels. Strap in, it's going to be a fun ride! We begin with a lengthy discussion of the UK Supreme Court's ruling in Ashers Baking Co., which has been called the "Masterpiece Cakeshop of the UK." Is that...

Duration:01:16:02

OA217: Can Ethics Complaints Take Down Kavanaugh?

10/12/2018
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Today's Rapid Response Friday follows up on the State of Florida and... sadly... returns one last time to the story of Brett Kavanaugh and the ethics complaints lodged against him and referred to the Tenth Circuit. Oh, and we give you real stuff you can do to make a positive difference! You have to listen! We begin with a follow-up to Tuesday's episode where we break some news regarding the Democratic Party's lawsuit in Florida to extend registration for voting in the 2018 midterms before...

Duration:01:11:42

OA216: Court Packing & More (w/guest Chad Schneider)

10/9/2018
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Today's (thankfully) Kavanaugh-free episode takes a look at Florida Governor Rick Scott's blatant court packing attempt with the Florida Supreme Court, and the lawsuit filed by Common Cause to try and stop him. What will happen? Listen and find out! First, though, we begin by revisiting our controversial episode (197) on 3-D printed guns by bringing on a real-life expert in 3-D printing to handle some technical questions and understand the arguments and counter-arguments regarding the...

Duration:01:17:36

OA215: Is Gamble v US the Real Reason Behind Kavanaugh?

10/5/2018
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Today's Rapid Response Friday tackles the #1 emailed story to us this past week: is the real story behind the Kavanaugh nomination that the Trump administration needs him on the Supreme Court to rule in Gamble v. U.S. regarding the dual sovereignty doctrine as it applies to double jeopardy? We begin with a quick note about the New York Times story on Trump's taxes which will be covered on Serious Inquiries Only. Then it's time to figure out this claim about Gamble v. U.S. that...

Duration:01:18:28

OA214: Free Speech, NAFTA & Trump's Trans Ban

10/2/2018
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Today's Kavanaugh-free episode is a classic, three-story, Deep Dive Tuesday into (1) a recent free speech case involving protesters at a Trump rally; (2) the status of Trump's efforts to ban trans service personnel from the military; and (3) whether Trump can unilaterally abrogate NAFTA. Strap in -- it's going to be a long ride! We begin with an examination of Nwanguma v. Trump at both the district court level and the recent decision from the 6th Circuit. Should protesters be allowed to sue...

Duration:01:10:29

OA213: Rachel Mitchell to Cross-Examine Dr. Ford at Kavanaugh Hearings

9/27/2018
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Today's Rapid Response Friday tackles (ugh) the ongoing Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford's allegations, before segueing into an interesting question from super-listener Teresa Gomez. If you want to know everything about Rachel Mitchell (and so much more!) -- well, you've come to the right place! We begin with some good news about QED in Manchester, UK and your ability to hang out with Thomas! After that, it's...

Duration:01:14:32

OA212: Rod Rosenstein and... G. Zachary Terwilliger?

9/25/2018
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Today's episode is that rare Rapid Response Tuesday, necessitated by the persistent rumors that Donald Trump is about to fire Deputy Attorney General Rod Rosenstein. Is it true? How bad are things if it is? And who is this mysterious G. Zachary Terwilliger? You'll have to listen to know for sure! We begin by examining the New York Times reporting that predicated the efforts to force out Rosenstein. Listen and you'll learn why is Andrew confident that these reports are false -- and get a...

Duration:01:18:30

OA211: Manafort Flips (and more on Kavanaugh)

9/21/2018
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Today's Rapid Response Friday tackles (1) Paul Manafort's plea deal and (2) the surprise resumption of the Senate Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford's allegations, which are discussed in depth on Episode 158 of Serious Inquiries Only. What should you look for during Monday's hearings? Listen and find out! We begin with an acknowledgment of the story sent to us by several hundred thousand listeners regarding crazy...

Duration:01:21:17

OA210: Cash Bail, Glucksburg and More

9/18/2018
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Today's episode takes two deep dives: first, into California SB10, which eliminates the "cash bail" system of pretrial detention in California, and second, into the Supreme Court's 1997 decision in Washington v. Glucksberg. What does it all mean? You'll have to listen to know for sure! We begin, however, with an update on Wells Fargo's $1 billion remediation plan first discussed in Episode 169. After that, we tackle California SB10, which is now law -- even though it won't go into effect...

Duration:01:21:31

OA209: Kavanaugh's Confirmation

9/14/2018
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Today's Rapid Response Friday is all about the conclusion of the Supreme Court Confirmation Hearings for Brett Kavanaugh. What did we learn? What's still outstanding? Are liberals really guilty of trying to bribe Susan Collins? And, most importantly: what can we do about any of this?? Listen and find out! We begin, however, with an important Andrew Was Wrong. After that, we delve into all the week's issues surrounding the Kavanaugh confirmation hearings, including: (1) the status of...

Duration:01:21:55