Opening Arguments
OA1245 - Federal prosecutors have just secured the first convictions in US history in which the Department of Justice has brought charges relating to associations with “Antifa,” an organization which demonstrably does not exist. We take a closer look at the plight of the eight defendants convicted on charges relating to a noise protest outside of an ICE detention center in Prarieland, Texas to break down the unusual legal basis for this case, understand how protesters were cast as terrorists, and what this all means for the future of American dissent. Then in better news, we take a closer...
info_outlineOpening Arguments
Hey folks, no video this week so instead I wanted to give you another episode of our new trial over on , US v. Dunn! This is episode 2 (we have released 4 on the feed, check it out!) Matt takes us through the pretrial motions. It's an interesting episode even as a standalone law breakdown, so check it out!
info_outlineOpening Arguments
OA1244 - More election news updates. What the heck happened in Dallas? How is hunting for fraud in Georgia still a thing? Why is the DOJ trying to get non-public voter data from the states? There’s smoke. There’s fire. But it might not be coming from the places everyone is looking. Jenessa helps us focus our concerns in the right direction, and maybe calms our nerves just a bit. Georgia court documents Affidavit: Search warrant: Order to unseal documents: Cline, S., Swenson, A., & Riccardi, N. (Mar. 3, 2026). ABC 13. Democracy Docket (Mar. 3, 2026). Rose, S. (Feb....
info_outlineOpening Arguments
OA1243 - The lawsuit that was supposed to break up Ticketmaster and Live Nation’s obvious monopoly over live music throughout the U.S. has just ended in a settlement so surprising that even DOJ’s lead counsel didn’t know it was happening. Is this deal as bad as it looks? What does it mean for the future of live entertainment, and what will happen if the dozens of states which joined the feds in this case don’t sign off on it? Also: An insurance company sues ChatGPT for telling someone to fire their lawyer, the first (known) instance of a DOJ lawyer writing a brief with AI,...
info_outlineOpening Arguments
VR25 - This episode is dedicated to the memory of Cricket, the 14-month-old wirehaired pointer murdered in cold blood by Kristi Noem on an unknown date in a gravel pit in South Dakota. One week after Donald Trump took now-former DHS Secretary Kristi Noem’s job out to the gravel pit, Thomas, Lydia, and Matt get together for a post-mortem. After a brief amuse douche from Noem’s (ahem) closest advisor, Matt plays the one excerpt from her 2024 campaign book “Not Going Back” which should have disqualified her from a Cabinet seat. (No, not that one! But we also revisit that story too and...
info_outlineOpening Arguments
OA1242 - Ever heard of the “major questions doctrine”? Most lawyers sure hadn’t until a few years ago. So how did it get that important-sounding name? Where did it come from? What even is it? How can we call something a “doctrine” or a rule if we don’t have a clear rule statement to cite to? (Hint: You can’t). If you’ve been feeling like maybe this is all made up and the points don’t matter, you can get your vindication here as we trace back the history of this ever-changing heavily-politicized increasingly-disputed amorphous blob. Jenessa read way too many cases and law...
info_outlineOpening Arguments
OA1241 - This Rapid Response Friday:* everything you need to know to explain to anyone who will listen exactly why what the US is doing in Iran is illegal. We also review oral arguments in an unusual case involving the federal statute under which Hunter Biden was recently convicted which has brought weed, guns, and Amy Coney Barrett’s illegal Ambien habit (?) before the Supreme Court at the same time. Finally, in today’s footnote: A man who drinks unpasteurized milk, swims in sewage, and once left a dead bear in Central Park has some opinions about what we should be putting in our...
info_outlineOpening Arguments
E24 - Today on Vapid Response Wednesday: the story of a wealthy family that lost everything and the one son who had no choice but to try to defend his sister after she was convicted of abusing and trafficking minors with (and for) Jeffrey Epstein. For this special episode we read through Ian Maxwell’s entire body of published work for The Spectator and unseriously consider some of the many questions the tabloid heir raises about the arrest and conviction of his sister Ghislaine, the evils of the First Amendment, and of course a lengthy digression about some people named Todd. ! ,...
info_outlineOpening Arguments
OA1240 - Shaina Aber, Executive Director with Acacia Center for Justice, joins today to discuss immigration nonprofit work during Trump 2.0. Find all of the tools and programs we talked about at their website, .
info_outlineOpening Arguments
OA1239 - Did the Supreme Court just hand Donald Trump the biggest L in US presidential history? We go beyond the headlines to break down the first decision on the merits of any of the second Trump term’s policies. What is the deal with the “major questions doctrine” and why can’t the conservative justices agree about what it is and how to use it? Why did Neil Gorsuch choose this case to drop a lengthy diss track with bars about every one of his colleagues? And is there anything Clarence Thomas wouldn’t let a Republican president do? We then review a lesser-noticed SCOTUS decision...
info_outlineOA1226 - We begin with a review of the unprecedented lawsuit that Minnesota has filed against ICE with the extreme leftist radical demand that they obey the law and U.S. Constitution. How much power do states have to limit federal operations, and what are the chances a court order might put some guardrails on the largest enforcement operation in ICE history? We then consider the legal and political merits of articles of impeachment filed against Secretary of Defense Pete Hegseth, Secretary of Health and Human Services Robert F. Kennedy, Jr., and Secretary of Homeland Security Kristi Noem. Finally: we honor the passing of civil rights hero Claudette Colvin, whose bravery as a 15-year-old on a Montgomery, Alabama bus nine months before Rosa Parks refused to give up her seat put the final nail into the “separate but equal” justification for racial segregation established by the Supreme Court in Plessy v. Ferguson.
-
State of Minnesota v. Noem, complaint filed 1/12/2026
-
“House Resolution 935: Impeaching Pete Hegseth, Secretary of Defense for the United States for high crimes and misdemeanors,” Rep. Shri Thaneder (12/9/2025)
-
“House Resolution 944: Impeaching Robert F. Kennedy Jr., Secretary of Health and Human Services for high crimes and misdemeanors,” Rep. Haley Stevens (12/10/2025)
-
“House Resolution ___: Impeaching Kristi Lynn Arnold Noem, Secretary of Homeland Security, for high crimes and misdemeanors,” Rep. Robin Kelly (1/13/2026)
-
“Firm Tied to Kristin Noem Secretly Got Money from $220 Million DHS Ad Contracts,” ProPublica (11/14/2025)
-
“Impeachment: The Constitution’s Fiduciary Meaning of ‘High Crimes and Misdemeanors,’” Robert G. Natelson, The Federalist Society (6/19/2018)
-
“Claudette Colvin, who refused to move seats on a bus at start of civil rights movement, dies” (NPR, 1/13/2026)
-
Browder v. Gayle, 142 F.Supp. 707 (1956)(aff’d per curiam by U.S. Supreme Court 12/20/1956)
Check out the OA Linktree for all the places to go and things to do!