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We’ve Only Now Seen a Fascist Ice Memo Kept Secret Since May

Opening Arguments

Release Date: 02/13/2026

DOJ Just Convicted Several People of Imaginary Antifa Terrorism show art DOJ Just Convicted Several People of Imaginary Antifa Terrorism

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...

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US v Dunn 2 - US v Dunn 2 - "If You Spit, We Hit"

Opening 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!

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Ballots Seized in Georgia? Voting Chaos in Dallas? Here’s What to Make Of It. show art Ballots Seized in Georgia? Voting Chaos in Dallas? Here’s What to Make Of It.

Opening 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....

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Trump’s DOJ Lets Ticketmaster off the Hook for No Reason show art Trump’s DOJ Lets Ticketmaster off the Hook for No Reason

Opening 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,...

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Kristi Noem's career has been put out of its misery show art Kristi Noem's career has been put out of its misery

Opening 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...

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The Sketchy and Incredibly Recent Origins of the Major Questions Doctrine show art The Sketchy and Incredibly Recent Origins of the Major Questions Doctrine

Opening 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...

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SCOTUS Likely to Strike Down the Law Used to Convict Hunter Biden show art SCOTUS Likely to Strike Down the Law Used to Convict Hunter Biden

Opening 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...

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Ghislaine Maxwell's brother might be the worst person in Epstein world show art Ghislaine Maxwell's brother might be the worst person in Epstein world

Opening 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.  ! ,...

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At This Point, Traffic Court Would Be An Upgrade show art At This Point, Traffic Court Would Be An Upgrade

Opening 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, .  

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Ground Control to Major Questions Doctrine show art Ground Control to Major Questions Doctrine

Opening 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...

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More Episodes

OA1235 - Today on Rapid Response Friday: Matt’s still on island time, so it’s a good-news-only kind of day as we review (1) the historic termination of deportation proceedings against Tufts grad student Rumeysa Ozturk, (2) new judicial restraints on ICE, (3) a DC federal judge’s outstanding rebuke to DHS Secretary Kristi Noem’s attempt to deport 350,000 Haitians, and (4) a Republican revolt on Trump’s emergency tariffs. (Also: just how stupid is the super-secret memo which ICE has apparently been using to justify breaking into some immigrants’ homes without a judicial warrant?)

Finally in today’s footnote: Matt shares how his attempt to mail some pants from the U.S. Virgin Islands revealed a weird loophole in Trump’s emergency tariff orders which is now forcing some U.S. citizens to pay international duties on domestic shipments.

  1. In re: Ruiz-Massieu, Int. Dec. #3400, Board of Immigration Appeals (June 11, 1999)

  2. Whistleblower Aid letter detailing secret ICE memo allowing arrests without warrants (memo attached at Ex. 1)(Jan. 6, 2026)

  3. Sample I-205 ICE administrative warrant

  4. D.C. District Court judge Ana Reyes’s decision in Moit v. Trump  preserving Temporary Protected Status for Haitians in the U.S. (2/2/2026)

  5. “Suspending Duty-Free De Minimis Treatment for All Countries,” The White House (July 30, 2025)

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