Opening Arguments
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
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The HHS Massacre
04/02/2025
The HHS Massacre
Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: OA1145 and T3BE65 - Lydia joins this Wild Card Wednesday to discuss the awful, inhumane HHS layoffs. Workers were lined up around the block to wait hours to find out if they were fired or not. These are human beings. The people responsible for this should be imprisoned. (awkward transition) and then it's time for a bar exam question! 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 ! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at .
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Rap on Trial - Young Thug Was Not the First and Won’t Be the Last
03/31/2025
Rap on Trial - Young Thug Was Not the First and Won’t Be the Last
*** Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: *** OA1144 - Professor Jack Lerner joins us for a follow up to OA1055 as we dive deeper into case law surrounding the usage of rap music in litigation, including discussion of the fight for lyrics to be admitted as evidence in the Young Thug trial in Fulton County, Georgia, and what mechanisms are being explored to address this at the state level in places like New York. 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 ! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at .
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Big Law Firm Paul Weiss Caved to Trump's Bogus Order in 4 Days. It Was Cowardly and Inexcusable.
03/28/2025
Big Law Firm Paul Weiss Caved to Trump's Bogus Order in 4 Days. It Was Cowardly and Inexcusable.
*** Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: *** OA1143 - In the past month, Donald Trump has issued a series of truly fascist orders targeting some of the country’s best-known law firms for crimes ranging from hiring people Trump doesn’t like personally to doing some favors for special counsel Jack Smith to flagrantly hiring non-white non-men. What is actually in these orders, and how bad is it that one of leading litigation firms in the country gave in to Trump’s demands without a fight? And what will it mean for the already-overloaded immigration court system when they start going after immigration lawyers as they have also promised? Former NYC Biglaw associate (and current NYC public defender) Liz Skeen joins to help us to understand this uniquely un-American moment in American legal history. (UPDATE: This episode was recorded shortly before news broke about the Trump administration taking action against major US law firms Wilmer Hale and Skadden Arps.) (3/25/25) (3/25/25) (3/22/25) (3/6/25) (Covington & Burling LLP)(2/25/25) Cythnia Fountaine, St. Mary’s Journal of Legal Ethics (2020) 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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State Bar of California Fails the Bar Exam
03/26/2025
State Bar of California Fails the Bar Exam
Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: OA1142 and T3BE64 - The State Bar of California wanted to save a buck or two, so they switched from paying a company to administer a real bar exam to a company that... didn't do that. It's an absolute fiasco. Heather is pulling double duty today on Wildcard Wednesday (tm) as she is our expert on this nonsense, in addition to giving us the usual Thomas Takes the Bar Exam treatment! 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. Check out the OA for all the places to go and things to do!
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How One Lawsuit Targeting Trans Rights Could Undermine Disability Protections for Everyone
03/24/2025
How One Lawsuit Targeting Trans Rights Could Undermine Disability Protections for Everyone
OA1141 - Are Republican AGs really trying to have some of the most important federal protections for disability rights declared unconstitutional? Attorney Jenessa Seymour joins to explain the history and purpose of Section 504 of the Rehabilitation Act of 1973 and the pending challenge to a Biden-era regulatory update intended to protect trans health care rights. 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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Not in a Gang? That’s Actually a Common Indicator of Gang Membership
03/21/2025
Not in a Gang? That’s Actually a Common Indicator of Gang Membership
OA1140 - The Trump administration has openly defied a court order--and that’s only the third worst thing about today’s main story. Also: what exactly does it mean to “sign” something into law? What is actually in all of these articles of impeachment which Republicans keep filing against federal judges who have defied Trump? And is there a First Amendment right to communicate with monkeys? , March 15, 2025 (3:53 PM) (filed 3/15/25) by Rep. Brandon Gill (3/18/25) 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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Magical Mister Trumpstoffelees
03/19/2025
Magical Mister Trumpstoffelees
OA1139 and T3BE63 - Lydia's back this week to walk us through Trump's very fashy takeover of The Kennedy Center. She watched it unfold in real-time and while it is obviously disturbing, listening to some leaked audio from the first board meeting provides a lot of laughs. It's somehow real, folks. And we've got Professor Heather Varanini as always to walk us through the answer to T3BE62, and to set up the question for T3BE63! 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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It Sure Looks Like Mayor of Istanbul Eric Adams Is Going to Get Away With It
03/17/2025
It Sure Looks Like Mayor of Istanbul Eric Adams Is Going to Get Away With It
OA1138 - Is a federal judge really about to sign off on dismissing the federal corruption charges against New York City mayor Eric Adams even in the face of everything that we now know about the corrupt deal which led to DOJ’s request? Why did appointed attorney Paul Clement recommend dismissing the case with prejudice, and what might it mean for future prosecutions by Trump’s DOJ if Judge Ho agrees? Superstar NYC public defender Liz Skeen returns to go beyond the headlines with some local perspective on the current state of one of the most important federal criminal cases in our lifetimes. 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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FREE MAHMOUD KHALIL
03/14/2025
FREE MAHMOUD KHALIL
Brought to you by Trade Coffee! Get 40% off your first order with Trade at OA1137 - The arrest and detention of U.S. lawful permanent resident Mahmoud Kahlil in direct retaliation for his Constitutionally-protected speech and association as a campus organizer at Columbia University is the single greatest violation of any one individual’s right committed by the second Trump administration to date. Matt explains how an obscure Cold War-era provision of the Immigration and Nationality Act is being used for in one of the only times in modern history to justify the Trump administration’s attempt to revoke Kahlil’s residency, and why this unprecedented assault on Khalil’s most basic civic and political rights should concern us all. Finally, in today’s footnote: A January 6th defendant who has won so much that he is truly tired of winning. (3/14/25) (3/12/25) Matt Cameron DEPORTNATION (3/11/25) U.S. v. Pope (3/6/25) 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 SAVE Act Could Disenfranchise Millions of Voters. Democrats Must Stop It.
03/12/2025
The SAVE Act Could Disenfranchise Millions of Voters. Democrats Must Stop It.
Brought to you by Trade Coffee! Get 40% off your first order with Trade at OA1136 and T3BE62- Matt swings by a Wednesday episode, and we welcome Dr. Jenessa Seymour as well! Jenessa is a disability voting access advocate and New York attorney, and she's here to break down the What exactly is it supposed to be "saving" for voting rights, who is going to be most impacted by its provisions, and do we have any chance in stopping this thing? Professor Heather Varanini joins after, of course, to share the answer to T3BE61 and present the next question in the Bar Exam! 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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“But He’ll Be Great for the Economy!”
03/10/2025
“But He’ll Be Great for the Economy!”
Brought to you by Trade Coffee! Get 40% off your first order with Trade at OA1135 - Even with everything that Trump has already done to raise consumer prices, contribute to mass unemployment and inflation, and stress-test the market, many people still believe that Trump and MAGA conservatives are “better for the economy.” The Groundwork Collaborative is a nonprofit organization which helps to build the kind of messaging that we need to show a better way . Executive director Dr. Lindsay Owens joins to discuss–among many other things–what we talk about when we talk about “the economy,” the DOGE crisis, the true causes of inflation, and what the loss of the Consumer Financial Protection Bureau means for us all. website 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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Boston Mayor Wu Absolutely Demolishes House Republicans
03/07/2025
Boston Mayor Wu Absolutely Demolishes House Republicans
OA1134 - Mere hours after a literal pat on the back from Donald Trump on live TV, U.S. Supreme Court Chief Justice John Roberts delivered a 5-4 decision against him in the emergency litigation over Trump’s unconstitutional efforts to eliminate foreign aid funding. How much of a win was this really, and why did Samuel Alito spend eight pages in dissent pretending to be “stunned” by the majority’s radical assertion that the federal government should pay out debts incurred by valid acts of Congress? We then turn to a less-noticed recent Supreme Court decision with concerning implications for the future of civil rights litigation before appreciating recent Congressional wins: blue city mayors schooling the House Oversight Committee without ever giving up even a single point in six hours, and Senate Democrats taking a meaningful united stand for trans lives. (3/5/25) , Supreme Court #23-621 (2/25/2025) of Boston, New York, Denver, and Chicago, Associated Press (3/5/25) with the Boston Pops (9/22/2024) S. Baum, Erin in the Morning (journalist Erin Reed’s Substack)(3/3/25) 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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As Trump Drones On, Democrats Resistance Takes Different Forms
03/05/2025
As Trump Drones On, Democrats Resistance Takes Different Forms
OA1133 and T3BE61 - Lydia joins today to discuss Trump's 3/4/2025 address to Congress regarding his vision for the next 4 years. Leading up to the evening, there were reports that quite a few Democrats would opt to not attend. We highlight the different approaches folks in the party took to resist in the face of chaos and authoritarianism, and discuss what we might do if we were in that position. After that, Professor Heather Varanini comes in to share the answer to T3BE60 and present the next question in the Bar Exam! 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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DOGE Is Defying Court Orders. Will the Supreme Court Care?
03/03/2025
DOGE Is Defying Court Orders. Will the Supreme Court Care?
OA1132 - We resume our regularly scheduled rapid response to law in the news, starting with some good news (really) from the Supreme Court! Then: some-not-so-good news from the Supreme Court on the Trump administration’s efforts to dismantle the US Agency for International Development. Why did a federal judge need to issue an order confirming that he really meant it when he told the new administration to resume paying out the funds that Congress intended, and why does John Roberts seem to be taking this nonsense seriously? Matt then provides some context for a recent announcement regarding the Trump administration’s intention to require all undocumented people to register with DHS before dropping a footnote with recent developments in the unbelievable story of the most (allegedly) felonious Supreme Court litigator in modern US history. (Feb. 25, 2025) Complete docket for opposing alien registration (May 25, 1925) Indictment in (1/16/25) 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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Blake Lively v Justin Baldoni
02/28/2025
Blake Lively v Justin Baldoni
That's right, we interrupt your regularly scheduled rapid response Friday (sorry...) to give you the first episode in the new Gavel Gavel series!!! And, Gavel Gavel is now PUBLIC! The legal battle between Blake Lively and Justin Baldoni might feel like just "celebrity gossip," but there is so much here. It has fiercly divided the internet, with one group certain that Justin Baldoni is a sexual harsser, and the other group certain that Blake Lively and Ryan Reynolds are devious plotters who lied about an innocent man in order to take over a movie. How are we to know the truth? Well, fortunately there are going on thousands of pages of legal documents to comb through. The answers are there, for the few among us that are willing to actually read them. This series will do just that. 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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‘Run for Something’ Is Stronger Than Ever. We’re Going to Need It.
02/26/2025
‘Run for Something’ Is Stronger Than Ever. We’re Going to Need It.
OA 1130 and T3BE60 - We're so excited to kick off this episode with an interview with Amanda Litman, the co-founder and President of an amazing organization called . We discuss who they are and how they support folks in state and local races in all 50 states, answer questions for those who may be listening and considering throwing their hat in the ring to run for political office, and get energized from Amanda's contagious hope for what can very much come in 2026 and 2028 if we put in the work now. After our chat with Amanda, Thomas meets up with Professor Heather Varanini to reveal the answer to T3BE59, and tackle the next question! Be sure to stick around for our T3BE winners and patron shoutouts! If you're feeling inspired and hopeful after today's show, consider making a to Run for Something to help elevate progressive leaders in state and local elections across the country! And if you're thinking you might Run for Something, check out their to help you along every step of the way! 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!
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But Who Lawyers the Lawyers?
02/24/2025
But Who Lawyers the Lawyers?
OA1129 - From the Department of Justice to DOGE to elected officials around the US, attorneys who swore to uphold and defend the law are working overtime on the bureaucratic front lines of Donald Trump’s campaign to actively degrade and destroy it. But what if those lawyers knew that there could be real consequences for their ability to practice law in the future for illegal, bad faith, and/or unethical conduct? That question is at the heart of the 65 Project, a non-profit organized to introduce real consequences to the kind of lawyering which is greasing the skids in our long slide into authoritarianism. Managing Director Michael Teter joins to explain how the Project came together, how they decide whether misconduct merits a bar complaint, and how their mission has changed since the 2024 election. filed by the 65 Project 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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We Have a King Now I Guess. Cool. Cool.
02/21/2025
We Have a King Now I Guess. Cool. Cool.
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 in U.S. v. Skrmetti and the wake of Donald Trump’s recent anti-trans executive orders. Which, if any, of these orders should we actually be concerned about? What does it mean that the fight for trans lives is now becoming a federal issue? Can Trump really just instruct the federal government to ignore the Supreme Court’s extension of employment protections to LGBTQ employees in Bostock v. Clayton County? Professor Eyer takes up these questions and many more as we find reasons both for concern and for hope. “,” (2/18/25) (Rutgers Law bio) , 77 Vanderbilt L. Rev. __ (2024) (forthcoming) 171 U. Pa. L. Rev. 1405 (2023) , 590 US ___ (2020) 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, Part 2
02/19/2025
The Thursday Night Massacre, Part 2
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
02/18/2025
The Thursday Night Massacre
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 resident as we work through the dueling letters which have been publicly released so far from former US Attorney for SDNY Danielle Sassoon, Acting Deputy AG Emil Bove, and former Assistant US Attorney Hagan Scotten together with DOJ’s motion to dismiss. offering her resignation if DOJ continues to move forward with filing a motion to dismiss the federal criminal case against New York City Mayor Eric Adams (2/12/25) (2/13/25) (2/14/25) Rule 48(a) motion seeking to dismiss all pending charges against Eric Adams (2/14/25) 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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Drinking from the Firehose of Fascism
02/14/2025
Drinking from the Firehose of Fascism
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. (2/5/25) finding Trump administration in violation of his previous injunction against the federal spending freeze (2/10/25) Pablo Manriquez, Migrant Insider (2/9/25) Matt Cameron, DEPORTNATION (2/12/25) 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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DoJ Memo Written In Crayon On Olive Garden Kids Menu Directs SDNY to Drop Eric Adams Case
02/12/2025
DoJ Memo Written In Crayon On Olive Garden Kids Menu Directs SDNY to Drop Eric Adams Case
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, 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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How the Insurrectionist Might Use the Insurrection Act to Go After Non-insurrectionists
02/10/2025
How the Insurrectionist Might Use the Insurrection Act to Go After Non-insurrectionists
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 requested? And why is Trump so determined to declare an insurrection on the border? (colloquially known as “The Insurrection Act”) Harold Hongju Koh & Michael Loughlin, American Constitution Society (September 2020) Ken Cuccinelli & Adam Turner (3/24/24) (IA updates proposed by Democrats) 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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It's Only Been 18 Days, But That's An Eternity in DOGE Years
02/07/2025
It's Only Been 18 Days, But That's An Eternity in DOGE Years
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 (2/5/25) Congressional Research Service (1/6/25) 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 Pro-vaccine Republican Doctor Who Just Just Gave His Vote to RFK, Jr.
02/05/2025
The Pro-vaccine Republican Doctor Who Just Just Gave His Vote to RFK, Jr.
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 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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Rudy Giuliani and the Possibly the Worst Legal Document Ever Filed
02/03/2025
Rudy Giuliani and the Possibly the Worst Legal Document Ever Filed
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 digging into it. Come for the weird typos and endless sentences, stay for the lecture on the evils of liberal democracy and wildly unnecessary references to the judge’s father! Superstar public defender Liz Skeen joins us to draw from her past life as a NY litigator to provide the local and legal context for… whatever this is. “ Ruby Freeman & Wanshae Moss v. Rudolph W. Giuliani (12/19/2024)(SDNY)(today’s reading) (10/2/24) (10/29/24) 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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People Are Fighting Back Against Trump’s Fascist Agenda in the Courts, and They’re Already Winning
01/31/2025
People Are Fighting Back Against Trump’s Fascist Agenda in the Courts, and They’re Already Winning
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 little-known section of the US military base at Guantanamo Bay will be used to house up to 30,000 immigrants facing deportation. We consider the history and legal issues around this far-from unprecedented plan. Finally, our closing Bigfootnote takes a closer look at a rare intersection between cryptozoology and the law. International Refugee Assistance Project (Fall 2024) , Just Security (2025) (Skamani County) 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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Key Figure Behind Project 2025 Lies His Way Through Confirmation
01/29/2025
Key Figure Behind Project 2025 Lies His Way Through Confirmation
OA1118 and T3BE56 - Russell Vought lied in his confirmation hearing, but who is Vought and why should we care? Lydia gets us up to speed on this capital-d Doozy, with his background, some highlights from his confirmation hearing, and the great reporting that lets us confidently state that he lied in his hearing with the Senate Budget Committee. Then Heather Varanini joins for the answer to T3BE question 55 and brand new question 56! , New York Times Opinion , ProPublica , Centre for Climate Reporting 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!
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The Vacancies Act - How Trump Has Used and Abused It, and Might Again
01/27/2025
The Vacancies Act - How Trump Has Used and Abused It, and Might Again
Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at OA1117 - As Donald Trump’s executive branch nominees continue to work their way through the confirmation process, we welcome Stanford Law professor Anne Joseph O’Connell to learn more about one of the most important legal protections we have against a fully imperial presidency. Professor O’Connell is one of the leading academic experts on the Federal Vacancies Reform Act, the legislation which Trump may or may not have intentionally circumvented in his last term to install acting heads of departments which would otherwise require Senate confirmation, and provides some essential background and context for what we might expect in his second term as his appointments continue to work their way through the confirmation process. Also covered: getting fired by Trump, defending pandas in court, Aileen Cannon and Clarence Thomas’s fringe theory about the unconstitutionality of special counsels, and what Professor O’Connell learned from her time clerking for Ruth Bader Ginsburg. , Columbia Law Review (2020) Bluesky post with 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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Triaging All the Horrible
01/24/2025
Triaging All the Horrible
OA1116 - We take stock a few days into the second Trump administration to consider the current state of ICE enforcement, Trump’s blatantly unlawful overrule of the recent Supreme Court decision forcing the divestiture of TikTok, and the President’s new venture in cryptocurrency. Finally, today’s footnote honors the efforts of one person who is doing her part to write history as it happens. (1/23/25) (1/17/2025) (1/20/2025) (original ICE “sensitive locations” memo)(10/24/2011) (sent to the President 1/24/25) in U.S. v. Gregory Mijares (1/23/25) Check out the OA for all the places to go and things to do! If you’d like to support the show (and lose the ads!), please pledge at !
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