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Drinking from the Firehose of Fascism

Opening Arguments

Release Date: 02/14/2025

We Have a King Now I Guess. Cool. Cool. show art We Have a King Now I Guess. Cool. Cool.

Opening Arguments

Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at OA 1128 - First: an urgent question from a patron on Trump’s latest executive power grab. Matt explains the history of the “unitary executive theory” and the Federalist Society-backed movement to give the President more power than an actual king.  Then: Rutgers Law professor Katie Eyer studies, teaches, and litigates the law of anti-discrimination with a specialty in LGBTQ rights. She joins to discuss the current state of the law in the shadow of the Supreme Court’s forthcoming decision...

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The Thursday Night Massacre, Part 2 show art The Thursday Night Massacre, Part 2

Opening Arguments

Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at OA1127 + T3BE59! Our breakdown of the Thursday Night Massacre continues, with Liz Skeen. Then, it's T3BE time! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, , find the post that has this episode, and quote it with your answer! Or, and look for the appropriate t3BE posting. Or best of all, become a patron at and play there! Check out the OA for all the places to go and things to do! To support the show (and lose the ads!), please pledge at !

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The Thursday Night Massacre show art The Thursday Night Massacre

Opening Arguments

Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at ! OA1126 - Law'd Awful Boves We interrupt your regularly-scheduled LAM for readings and commentary on the documents at the heart of what has quickly become one of the most shocking events in the 155-year history of the U.S. Department of Justice: the openly corrupt dismissal of all charges against New York City mayor Eric Adams in exchange for his cooperation with Donald Trump’s immigration crackdown. Gavel Gavel contributor Liz Skeen joins to share her perspective as both a New York City lawyer and...

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Drinking from the Firehose of Fascism show art Drinking from the Firehose of Fascism

Opening Arguments

OA1125 - (NOTE: Acting US Attorney for SDNY Danielle Sassoon’s resignation letter and DOJ acting deputy Emil Bove’s acceptance of that letter were published while we were recording this episode, and hours before the Trump administration was enjoined by a DC federal judge from suspending international aid. The news hose never stops!) For this Rapid Response Friday, we do our best to answer some of your questions about waves hands in the general direction of DC.  Why is the media reporting the illegal attempts to fire (among others) the head of the Office of Special Counsel and 17...

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DoJ Memo Written In Crayon On Olive Garden Kids Menu Directs SDNY to Drop Eric Adams Case show art DoJ Memo Written In Crayon On Olive Garden Kids Menu Directs SDNY to Drop Eric Adams Case

Opening Arguments

OA1124 and T3BE58 - Emil Bove drafted an insanely stupid and corrupt memo ordering SDNY to stop prosecuting the case against the insanely stupid and corrupt (and guilty) Mayor Eric Adams. This is absolutely a scandal and we have lost the ability to properly articulate how much of a scandal this is in light of all the other nonstop scandals. But, unlike mainstream media, AT LEAST WE'RE TRYING. We've brought in the big guns - Liz Skeen (and Matt joining on a Wednesday!) Then, it's the usual Thomas Takes the Bar Exam, with Heather Varanini! Question 58. If you'd like to play along with T3BE,...

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How the Insurrectionist Might Use the Insurrection Act to Go After Non-insurrectionists show art How the Insurrectionist Might Use the Insurrection Act to Go After Non-insurrectionists

Opening Arguments

OA1123 - Insurrection enthusiast Donald Trump sure seems to be looking for an excuse to invoke the Insurrection Act of 1807 in a little-noticed section of one of his flurry of Inauguration Day executive orders. We review the history of how the Constitution and subsequent acts of Congress were written specifically to keep the President from deploying troops on US soil without a very good reason, and how and why the Act has been invoked 30 times in US history. When does civil disorder become an “insurrection” and when, if ever, can the President send in troops that a state hasn’t...

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It's Only Been 18 Days, But That's An Eternity in DOGE Years show art It's Only Been 18 Days, But That's An Eternity in DOGE Years

Opening Arguments

OA1122 - We’re not even three weeks into the second Trump administration and already well into our first Constitutional crisis. How was the world’s richest man given access to the nation’s checkbook and the total authority to shut down a $40 billion federal agency with 10,000 employees--and can he be stopped?  After a quick review of some recent good news, we try to understand how Donald Trump and Elon Musk are illegally reshaping the federal government before closing out the news sandwich with a big L for the Proud Boys.  (2/4/25)  (1/20/25)  Zach Beauchamp Vox...

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The Pro-vaccine Republican Doctor Who Just Just Gave His Vote to RFK, Jr. show art The Pro-vaccine Republican Doctor Who Just Just Gave His Vote to RFK, Jr.

Opening Arguments

OA1121 and T3BE57 - Senator Bill Cassidy is one of the few remaining Republicans in national politics that resembles a normal human being. He is a doctor, and is very pro-vaccine. And he had a critical hand in RFK Jr.'s confirmation process. There seemed to be a decent chance he might not vote for the brain worms that run RFK Jr.'s flesh suit, but in the end, he did. How did he get there? How did he justify it? It's an interesting story and it says a lot about where we are right now. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, , find the post that has...

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Rudy Giuliani and the Possibly the Worst Legal Document Ever Filed show art Rudy Giuliani and the Possibly the Worst Legal Document Ever Filed

Opening Arguments

OA1120- This episode was first published on our sister show, , and has been made available at no charge for our wonderful Opening Arguments patrons! Folks, we and you deserve a little treat. And let me tell you, this is a treat. Mwuah! Chef's kiss. Here's a triple episode for ya! Rudy Giuliani is such a piece of shit that the last real lawyers he could find quit. And so, enter... some guy from Staten Island. He gave us, and the world, truly one of the stupidest, worst written legal documents in recorded history. And in such a serious case, as well! We spend the entirety of this recording...

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People Are Fighting Back Against Trump’s Fascist Agenda in the Courts, and They’re Already Winning show art People Are Fighting Back Against Trump’s Fascist Agenda in the Courts, and They’re Already Winning

Opening Arguments

Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at OA1119 - Trump's executive orders are bad for humanity--and just plain badly written. We survey some of the 20 major legal challenges which have been filed against this nonsense--including two early wins, and a few others which might be wins soon. Matt then explains a recent proposed Trump enforcement tactic with concerning new potential for integration of local and federal authorities with immigration enforcement which the media seems to have missed. In related news, Trump has announced that a...

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More Episodes

OA1125 - (NOTE: Acting US Attorney for SDNY Danielle Sassoon’s resignation letter and DOJ acting deputy Emil Bove’s acceptance of that letter were published while we were recording this episode, and hours before the Trump administration was enjoined by a DC federal judge from suspending international aid. The news hose never stops!)

For this Rapid Response Friday, we do our best to answer some of your questions about waves hands in the general direction of DC. 

Why is the media reporting the illegal attempts to fire (among others) the head of the Office of Special Counsel and 17 investigators general like a normal federal HR issue? Did FEMA really just straight-up steal $80 million from New York City’s bank account? Is it now legal to bribe foreign companies abroad and act as an unregistered foreign agent at home? Why are we sending Venezuelan asylum seekers with no criminal records or gang affiliations to Guantanamo Bay just weeks after DHS Secretary Kristi Noem promised that it would only be housing the “worst of the worst”? And just where exactly is the “Gulf of America” anyway? These and other questions from the week’s news are answered within.

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