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  • Rudy Giuliani Has Lost Everything, Including His Own Lawyers

    Rudy Giuliani Has Lost Everything, Including His Own Lawyers

    · Opening Arguments

    OA1104 - America's Dismayor, and other great stories to help close out 2024 on a positive note!

    Rudy Giuliani’s long, greasy slide from the heights of New York power seems to be ending in the same Manhattan federal courthouse in which he made his career as the US Attorney for the Southern District of NY. We take a closer look at the often hilarious lengths America’s former mayor has gone to in the past year to avoid paying the $148 million judgment he earned by casually defaming two hardworking Georgia election volunteers. Also discussed: why the House Ethics Committee decided to release its report on Matt Gaetz, Biden's commutation of 92% of the federal death row, and a legitimately good decision from the Supreme Court that we meant to talk about earlier. Finally, Matt drops a footnote with what he is promising will be the last time that he talks about fonts this year.

    Freeman v. Giuliani docket

    Giuliani’s written stipulation to making per se defamatory statements (7/25/23)

    Judge Liman’s “turnover” order (10/22/24)

    Judge Howell’s default judgment order (8/30/23)

    Giuliani’s 55-page response to the plaintiff’s motion for sanctions (12/19/24)

    The America First Warehouse (America’s Most Patriotic Venue)

    U.S. v. Rahimi (June 21, 2024)

    “Preferred Typefaces for Briefs,” Fourth Circuit Court of Appeals (12/9/24)

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  • Ok, but Would AI Judges Really Be Any Worse?

    Ok, but Would AI Judges Really Be Any Worse?

    · Opening Arguments

    OA1103 - Is human intelligence necessarily more rational and just than artificial intelligence? How involved should AI be in our law and government? Professor Aziz Huq of the University of Chicago School of Law joins for a fascinating conversation about everything from the “right to a human decision” to the dystopian terrors of Tinder.

    “A Right to a Human Decision,” Aziz Huq, Virginia Law Review (2020)

    “The Geopolitics of Digital Regulation,” Aziz Huq (2024)

    “Chinese scientists develop AI ‘prosecutor' that can press its own charges,” Steven Chen, South China Morning Post (2021)

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  • Luigi Mangione Being Charged as a Terrorist Is Borderline Prosecutorial Misconduct

    Luigi Mangione Being Charged as a Terrorist Is Borderline Prosecutorial Misconduct

    · Opening Arguments

    OA1102 - Why is the state of New York charging Luigi Mangione as a terrorist? And why have federal charges been filed in this case at all? We consider before moving on to try to locate any actual legal basis in the Georgia Court of Appeals decision removing Fulton County DA Fani Willis from the prosecution of Donald Trump and his alleged conspirators in Georgia. Finally, we dig into 11th Circuit judge Kevin Newsom’s surprisingly defensible argument that judges and lawyers should occasionally consult with ChatGPT, and Matt drops a footnote involving judges being weird about food.

    New York indictment of Luigi Mangione (12/18/24)

    Federal indictment of Luigi Mangione (12/19/24)

    People v. Ferhani, 966 N.Y.S.2d 348 (2012)

    Georgia Court of Appeals decision removing Fani Willis from Trump’s GA case (12/19/24)

    Snell v. Specialty Insurance Corp, 11th Cir. (5/28/2024)(Newsom, J., concurring)

    U.S. v. Deleon, 11 Cir. (9/5/2024)(Newsom, J., concurring)

    Judge Proctor’s order in McCuller v. Koch (11/26/24)

    Ohio Supreme Court’s decision in Berkheimer v. REKM (7/25/24)

    Ohio Supreme Court’s decision denying reconsideration in Berkheimer v. REM (12/9/24)

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  • Pete Hegseth Is Finally Going to Make the US Military Less Woke

    Pete Hegseth Is Finally Going to Make the US Military Less Woke

    · Opening Arguments

    OA1101 - You know... that super woke institution... the US Military... well, NO LONGER! Trump's man for the job is a real piece of work. And if you don't believe us, take it from his own mom. As usual, Lydia gives us the doozy breakdown, and also how Hegseth fits right into the Project 2025 design.

    Then, it's T3BE 52!

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  • Mass Deportation Is Much Harder Than Trump Thinks

    Mass Deportation Is Much Harder Than Trump Thinks

    · Opening Arguments

    OA1100 - Donald Trump’s promises of “mass deportation” have been dominating the headlines, but what do we actually know about what the coming administration is planning--and who should actually be concerned? Matt explains how immigration enforcement actually works in practice under the current system, including its current practical and logistical limitations. We then break down the ways that Trump has told us that he intends to subvert or get around the existing system and the law (or lack thereof) behind these unprecedented proposals before ending with some ideas for how you can help to prepare to stand up to mass enforcement actions in your community.

    Watch our new video on how Joe Biden can go out a legend!!!

    “Trump’s Possibly Illegal Border Posse,” Matt Cameron, The New Republic (5/2/2019)

    “The 287(g) Program: An Overview,” American Immigration Council (July 2021)

    “License to Abuse: How the 287(g) Program Empowers Racist Sherriffs,” ACLU (2022)

    “National Map of 287(g) Agreements,” Immigration Legal Resource Center

    “Sweeping Raids, Giant Camps, and Mass Deportations: Inside Trump’s 2025 Immigration Plans,” New York Times (11/11/2023)

    Make the Road v. Wolf, 962 F. 3d 612, D.C. Cir. (2020)

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  • The Luigi Mangione Case: A NY Defense Attorney Breaks It Down

    The Luigi Mangione Case: A NY Defense Attorney Breaks It Down

    · Opening Arguments

    OA1099 - Superstar Gavel Gavel contributor Liz Skeen joins to answer all of your questions about the arrest of Luigi Mangione and the charges he will soon be facing for his alleged shooting of United Healthcare CEO Brian Thompson in the courthouse where she serves as a public defender. Also: Biden’s record-breaking day of clemency.

    Listen to Thomas, Matt, Liz, and our talented cast of People v. Trump transcript re-enactors on Gavel Gavel!

    Watch our new video on how Joe Biden can go out a legend

    Sign the official OA petition for Joe Biden to go out a legend

    White House press release on Biden’s December 12, 2024 clemency actions

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  • There’s Something Deeply Wrong With Stephen Miller (And There Always Has Been)

    There’s Something Deeply Wrong With Stephen Miller (And There Always Has Been)

    · Opening Arguments

    OA1098/T3BE51 - We conclude our review of Trump’s immigration enforcement team with the man behind Donald Trump’s immigration policies.. Who is Steven Miller, and why? You’ll want to listen to this one even if you think you know who this man is, because it’s all a lot weirder--and, somehow, worse--than you might have ever imagined.

    Then, it's time for the answer to last week's bar exam question, and Q51!

    Hatemonger: Stephen Miller, Donald Trump, and the White Nationalist Agenda, Jean Guerrero (2020)

    “How Stephen Miller Manipulates Donald Trump to Further His Immigration Obsession,” Jonathan Blitzer, The New Yorker (2/20/2020)

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  • Trump Doubles Down on Immigration Plans In Softball NBC Interview

    Trump Doubles Down on Immigration Plans In Softball NBC Interview

    · Opening Arguments

    OA1097 - Trump's Staff Infection, Vol. 5

    Donald Trump has just reiterated his intentions for mass immigration enforcement in a Sunday Meet the Press interview, and Lydia joins for a closer look at the people who will actually be carrying these policies out. We take a quick introductory look at runner-up Attorney General pick Pam Bondi before Lydia reviews some of Project 2025’s plans and Matt explains the different roles of the DOJ and DHS in the US immigration system. Also, why has the former governor of a lightly-populated state nearly 1000 miles from the Mexican border with nothing related to immigration on her CV been chosen as the next head of Homeland Security? We have some theories--but absolutely no questions as to why family separation expert Thomas Homan will be the next American “border czar.”

    “Project 2025: A Mandate for Leadership,” The Heritage Foundation (2024)

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  • Supreme Court Justices Should Not Be This Good At Playing Dumb

    Supreme Court Justices Should Not Be This Good At Playing Dumb

    · Opening Arguments

    OA1096 - The President of the United States has just pardoned a blood relative and it’s--fine, actually. We review the full pardon of Hunter Biden in the greater context of presidential pardons before moving on to our main story: this week’s oral arguments in the trans rights case U.S. v. Skrmetti. The most important and very likely the most consequential case of this Supreme Court term featured the first openly trans lawyer ever to appear before the high court patiently trying to explain to some of our finest legal minds why a Tennessee law denying life-saving healthcare to certain people based on which letter is printed on their birth certificates is in fact unconstitutional discrimination. Finally, Matt drops a quick footnote to acknowledge one of the shortest periods of martial law in democratic history and to see what we might be able to learn from it.

    Statement from President Joe Biden re: pardon of Hunter Biden(12/1/24)

    Office of the Pardon Attorney | Pardons Granted by President Donald J. Trump (2017-2021)

    U.S. v. Skrmetti oral arguments (12/4/24)

    L.W. v. Skrmetti (6th Cir)(7/8/2023)

    President Yoon’s Speech Declaring Martial Law in South Korea - The New York Times (12/3/24)

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  • Trump's Intelligence Picks - Doozies and Russian Assets

    Trump's Intelligence Picks - Doozies and Russian Assets

    · Opening Arguments

    OA1095 - Trump's Staff Infection, part 4 plus T3BE50!

    Lydia Smith joins us once again to take us through another volume of Trump's Staff Infection. This time, we focus on the Intelligence Agencies.

    Then, it's T3BE50! Submit your answer on Bluesky or Reddit!

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  • Please Stop Spreading Panic About Denaturalization

    Please Stop Spreading Panic About Denaturalization

    · Opening Arguments

    OA1094 - Denaturalization and an executive order revoking birthright citizenship for children of undocumented parents have both been in the news a lot recently, and Matt would like everyone to take a breath and do some realistic risk assessment. We review what it actually takes to denaturalize someone under our current system, and what it would take for a majority of even this Supreme Court to say that the Fourteenth Amendment doesn’t say exactly what it says.

    Departure Statement of Wong Kim Ark, National Archives San Francisco

    U.S. v Wong Kim Ark, 169 US 649 (1898)

    Trump announcement on birthright citizenship executive order, Agenda 47 (2024)

    Birthright Citizens: a History of Race and Rights in Antebellum History, Martha Jones (2018)

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  • Drakesgiving Special

    Drakesgiving Special

    · Opening Arguments

    OA1093 - In this episode recorded on Thanksgiving Day, two vegetarians carve up the Canadian turkey born Aubrey Drake Graham. Are Drake’s exploratory legal actions against Universal Music in response to Kendrick Lamar’s “Not Like Us” the weakest move in the history of rap beefs? Matt shares some of his favorite diss tracks before we consider these filings and how Drake thought he could possibly come out of this looking good. We also take a look at Jack Smith’s motion to dismiss both of the federal criminal cases against the 47th President-elect of the United States, and what we can learn about the possible future (?) of these cases from both his motion and DC federal judge Tanya Chutkan’s order granting it. Finally, in today’s footnote Thomas provides valuable evidence for the prospective plaintiffs in a cease and desist demand recently made against the ONLY guitar endorsed by Donald Trump.

    Government’s Motion to Dismiss in U.S. v. Trump (11/25/240

    Judge Chutkan’s order on government’s motion to dismiss U.S. v. Trump (11/25/24)

    OLC memo on immunity for sitting presidents (10/16/2000)

    OLC memo on presidential self-pardons (8/5/1974)

    Verified Petition in Frozen Moments LLC v UMG/Spotify (NY Drake payola filing)(11/25/24)

    Verified Petition seeking depositions in TX (TX Drake defamation filing)(11/25/24)

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  • "The Right Way" Part 2

    · Opening Arguments

    OA1092 plus T3BE49 - we continue our conversation with Somali-American author and advocate Abdi Nor Iftin.

    Then, it's answer time for T3BE question 48, and our new question 49! Play along on BlueSky!

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  • What It Really Takes To Immigrate

    What It Really Takes To Immigrate "The Right Way"

    · Opening Arguments

    OA1091 - We are honored to welcome Somali-American author and advocate Abdi Nor Iftin for the first of a 2-part Thanksgiving episode dedicated with gratitude to the incredible efforts that so many naturalized Americans have made to be a part of this country. Abdi has recorded the full story of his life in his book Call Me American, in which he details the long journey from his escape from being forced into service as a child soldier in war-torn Somalia to his years as a refugee in Kenya before winning the U.S. diversity visa lottery and building a thoroughly American life in one of the last states you might expect. In this extended interview we get to know Abdi as he shares his story and his unique perspective on what the current American moment means for him and his community.

    Call Me American: A Memoir,: Abdi Nor Iftin (2018)

    “Now is the time to buckle up and fight, not to flee,” Abdi Nor Iftin, The Forecaster (11/19/24)

    “Abdi and the Golden Ticket,” This American Life (7/3/2015)

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  • Trump Takes MAGA Senators on Field Trip, Allowing Dems To Confirm More Judges

    Trump Takes MAGA Senators on Field Trip, Allowing Dems To Confirm More Judges

    · Opening Arguments

    OA1090 - It's an ALL GOOD NEWS EPISODE! It exists, and there is plenty of it. Positive vibes only for today's dose of practical hope.

    And right when you think it can't get any better, the Footnote Fetish returns! Matt has found yet another bizarre RFK Jr animal-related scandal, this one far from the headlines at the intersection of election and avian law. Also Thomas Takes the Bird Exam!

    2024 Popular Vote Tracker, Cook Political Report

    Alvin Bragg’s letter to NY judge Juan Merchan opposing Trump’s motion to dismiss (11/19/24)

    “Situation in the State of Palestine: ICC Pre-Trial Chamber I rejects the State of Israel’s challenges to jurisdiction and issues warrants of arrest for Benjamin Netanyahu and Yoav Gallant | International Criminal Court” (11/21/24)

    Judge Melissa Owens’s summary judgment decision in Johnson v Wyoming (11/18/24)

    “November Surprise! State Finally Releases RFK Jr.’s Falconry Records,” Kevin Underhill, Lowering the Bar (11/5/24)

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  • All the President's... Defense Attorneys

    All the President's... Defense Attorneys

    · Opening Arguments

    OA1089 - Trump's Staff Infection, part 3 plus T3BE48!

    In this installment of Fashwatch’s continuing review of Trump’s incoming legal team, we take a closer look at what we know about the top spots in his DOJ and some of the other most important lawyers in any Presidential administration: White House counsel, Solicitor General, and the US Attorney for the Southern District of New York.

    1. “How a Corporate Law Firm Led a Political Revolution,” David Enrich, The New York Times (8/25/22)

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  • Enter the Gaetz of Hell

    Enter the Gaetz of Hell

    · Opening Arguments

    OA1088 - Trump's Staff Infection Vol. 2

    With special guest Lydia Smith! Matt explains why only lawyers can truly destroy the rule of law before Lydia reviews what Project 2025 has planned for the Department of Justice. We then consider Donald Trump’s intention to make his favorite Florida (Congress)man our next Attorney General without or without Senate approval. Who is America’s Worst Matt, and could this weird loser really be the angel of Trump’s retribution?

    Mandate for Leadership, Project 2025

    “Is Matt Gaetz an ‘Accomplished Attorney’?” Louis Jacobsen, Politifact (11/15/24)

    Nayib Bukele on X: "US Congressmen visit CECOT (Center for the Confinement of Terrorism)

    “Matt Gaetz’s 2008 DUI arrest resurfaces after jab at Hunter Biden’s substance abuse. Here’s what happened,” Tampa Bay Times (11/15/24)

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  • Trump's Picks Are So Bad He Wants To Subvert His Own Congress. Can He?

    Trump's Picks Are So Bad He Wants To Subvert His Own Congress. Can He?

    · Opening Arguments

    OA1087 - We examine how the incoming President and his administration are already breaking the law with his transition team before taking on his announced intention to subvert the Constitution--and his own political party--through an unprecedented clown car of forced recess appointments. From the Defense Secretary the National Guard determined they couldn’t trust with a gun around Joe Biden to the Attorney General who just resigned from Congress to avoid the details of what he has been doing with high school students to the deputy chief of staff who is Stephen Miller, there are plenty of good reasons these freaks might not clear even a Republican Senate. Could this one weird Constitutional trick force them through?

    Finally, the world’s richest man wants to tell the federal government how to spend its money. What’s the deal with Elon Musk’s Department of Government Efficiency?

    Harris-Walz Transition Team Ethics Plan

    “Will Trump Pursue a Bonkers Plan to Adjourn Both Houses of Congress?,” Ed Whelan, National Review (11/13/2024)

    House Ethics Rules (2024)

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  • Trump's Staff Infection

    Trump's Staff Infection

    · Opening Arguments

    OA1086 - We're modifying the schedule a little! Introducing fash-watch with Lydia. We're going to keep a very watchful eye on Trump's incoming government. We're starting this week with the EPA Administrator Lee Zeldin and UN Ambassador Elise Stefanik.

    But don't worry! After that, we're still on with Heather and the regularly scheduled bar exam failure! Make sure to find openargs on Bluesky and play T3BE there!

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  • How Joe Biden Can Go Out a Legend

    How Joe Biden Can Go Out a Legend

    · Opening Arguments

    OA1085 - Matt has put together a preliminary list of things Joe Biden can and should do in the lame duck period. Will he? Let's make him.

    After that, we examine something that he should absolutely not do courtesy of the aspiring fascists of the National Review. As a little treat.

    Trump has made more than 100 threats to prosecute or punished perceived enemies," NPR News (10/22/22)

    “Biden Should Pardon Trump,” Mark Antonio Wright, National Review (11/6/24)

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