Opening Arguments

Liz and Andrew cover a bunch of stories, from the hapless Republican effort to find a Speaker of the House to this week at the Supreme Court & much, much more! -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com

Liz and Andrew tackle all the stories in the news, from the dysfunctional House of Representatives to the latest developments in Fulton County, Georgia. -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com  

Liz and Andrew welcome back friend of the show Kel McClanahan to break down all of the national security developments in the Trump indictments. Find out what might be coming next in the document retention case.... -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com

Liz and Andrew try to cover all the breaking news of the past two days, including Trump's civil and criminal trials, good news out of Alabama, and check out the tire tracks on Sidney Powell's back that seem to spell "Trump." Because it's Listener Friday, the duo answer a question about civil procedure and conflicts of laws that provides the perfect throughline to perhaps the dumbest Rudy Giuliani lawsuit yet. You won't want to miss it! Notes Trump MTD DC https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.74.0.pdf Sidney Powell MTD and general demurrer https://s3.documentcloud.org/documents/23994770/georgia-v-powell-demurrermotion-to-dismiss.pdf Judge Kaplan Order on Motion in Limine in Carroll III. https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.217.0.pdf Trump-appointed US appeals judge calls social media 'dangerous'  https://www.reuters.com/legal/government/trump-appointed-us-appeals-judge-calls-social-media-danger

Today, Liz and Andrew tackle the two biggest stories: Matt Gaetz having ousted Kevin McCarthy as Speaker of the House, and Donald Trump’s civil trial in New York. All that AND an Andrew Was Wrong featuring more on the 14th Amendment. In the Patreon bonus, the two tackle a Liz Was Not Wrong about why Trump doesn’t have a jury trial in New York. Hint: yes you can still make fun of Alina Habba! Notes Justice Engoron Order https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=op8OyfqVHpc6eGTx9LOw3Q== OAG v. Trump appellate decision https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=ReQsiVyUL/PE7F5_PLUS_RuqoMw== CBS News story on Trump conceding to $27 million valuation for Mar-a-Lago https://www.cbsnews.com/amp/news/trump-mar-a-lago-1-8-billion-own-company-said-it-was-too-high/?espv=1 SCOTUS orders 10/2 https://www.supremecourt.gov/orders/courtorders/100223zor_5368.pdf Eastman petition for cert https://www.supremecourt.gov/DocketPDF/22/22-1138/267263/20230519131455424_230516%2

Andrew and Liz explain the recent Congressional funding bill, what it means for the country (good things!) & what it means for Speaker of the House Kevin McCarthy (bad things). What's a motion to vacate? Listen and find out!   Then, of course, the duo return to discuss all the recent developments in the RICO indictment in Fulton County, Georgia, including the plea deal by bail bondsman & former Donald Trump co-defendant Scott Hall. What does it all mean? We tell you!   Notes Trump Fulton County docket https://www.fultonclerk.org/DocumentCenter/Index/142   FC indictment  https://s3.documentcloud.org/documents/23909542/23sc188947-criminal-indictment.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com

Liz and Andrew record a day early to discuss the breaking news out of state court in New York granting partial summary judgment to New York Attorney General Letitia James's civil lawsuit against Donald Trump, his kids, and his businesses over phony valuation statements. The upshot is that the Trump businesses will be dissolved as a matter of law. Mitchell Epner guests to help break down the nuances of New York law and procedure. It's not a criminal conviction, but it's a hell of a start! Notes Justice Engoron Order https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=op8OyfqVHpc6eGTx9LOw3Q== -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com

Today, Andrew and Liz welcome back to the show National Security Counselor Kel McClanahan to break down a bunch of filings pursuant to the Classified Information Procedures Act, and tell us how to keep our eyes on Judge Cannon! Notes Chris Geidner "Law Dork" on the Fifth Circuit https://www.lawdork.com/p/fifth-circuit-adf-training-book-ban-social-media CIPA - Appendix 13 to Title 18 of the US Code https://www.law.cornell.edu/uscode/text/18a/compiledact-96-456 Trump’s motion for CIPA Section 4 scheduling https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.160.0.pdf DOJ CIPA Section 3 Brief https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.162.0.pdf Nauta/DeOliveira CIPA Section 3 Brief https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.163.0.pdf DOJ CIPA Motion Under Seal in DC ( cover page) https://www.courtlistener.com/docket/67656604/59/1/united-states-v-trump/ -Support us

Liz and Andrew break down the recent indictment of Sen. Bob Menendez plus much, much more. Notes Menendez indictment https://www.justice.gov/d9/2023-09/u.s._v._menendez_et_al_indictment.pdf McDonnell v. US, 136 S.Ct. 2355 (2016) https://scholar.google.com/scholar_case?case=7646544289520795258 -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com

Liz and Andrew break down the week's developments before heading into a deep dive about baseball's antitrust exemption and a new petition for certiorari filed by... unicorns? Even if you're not a sports fan, you won't want to miss this one! Notes OA 696 https://openargs.com/oa696-in-which-james-okeefe-pretends-to-be-a-journalist/ Fulton County GA - DA Willis Motion notifying Judge McAfee of potential conflicts https://s3.documentcloud.org/documents/23986592/23-0920-notice-of-potential-conflicts-of-interest-concerning-attorneys.pdf Anna Bower, Fake Crocodiles and Fake Electors in Fulton County https://www.lawfaremedia.org/article/fake-crocodiles-and-fake-electors-in-fulton-county Project Veritas Suspends All Operations Amid Devastating Layoffs and Fundraising Struggles https://www.mediaite.com/news/new-project-veritas-suspends-all-operations-amid-devastating-layoffs-and-fundraising-struggles/ Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs, 259 U.S. 200 (1922

In this Episode, Andrew and Liz outline the issues underlying the recent law review article by Professors Will Baude and Michael Stokes Paulsen suggesting that Trump can be disqualified from the Presidency by virtue of Section 3 of the 14th Amendment. After that, the two return to the linkroll to discuss the many, many developments in and around Trumpworld, including whatever happened to that guy Ray Epps that Tucker Carlson insists is a federal agent plant? (Hint: he's not.) In the Patreon bonus, Liz and Andrew describe more of the sad legal trevails of David Shafer, cosplay elector. Notes OA 35 https://openargs.com/oa35-emoluments-clause-wseth-barrett-tillman-part-1/ OA 36 https://openargs.com/oa36-emoluments-clause-wseth-barrett-tillman-part-2/ Baude & Paulsen, “The Sweep and Force of Section Three”, 172 U. Pa. L. Rev. (forthcoming 2024) https://deliverypdf.ssrn.com/delivery.php?ID=995103073068092081092071118086002065023073053045056031120084030066073022088005028078011036036121038023044082

Liz and Andrew talk about the surprising acquittal of Texas Attorney General Ken Paxton on all 16 articles of impeachment before discussing the companion efforts to gum up the works in the attempt to hold Donald Trump and his co-conspirators responsible for trying to steal the 2020 Presidential Election. In the Patreon Bonus, Liz and Andrew set the record straight on Michael Flynn in light of the government's recent motion to dismiss Flynn's attempt to sue for wrongful prosecution. (Hint: he was not wrongfully prosecuted.) Notes Middlebrooks order dismissing Trump's motion to disqualify https://storage.courtlistener.com/recap/gov.uscourts.flsd.610157/gov.uscourts.flsd.610157.342.0.pdf DOJ motion to dismiss in Flynn v. US https://storage.courtlistener.com/recap/gov.uscourts.flmd.411523/gov.uscourts.flmd.411523.38.0.pdf DOJ’s reply to Trump’s motion for Chutkan recusal https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.54.0_2.pdf Trump reply brief supporting DQ

Hunter Biden was indicted; what does it mean? Liz and Andrew bring you that, plus an extra-length linkroll today to cover all the week's developments, all before tackling a listener question about the federal removal statute. In the Patreon bonus, the two talk more about the social media case of Missouri v. Biden, which heads to the Supreme Court. Notes SCOTUS administrative stay in Missouri v. Biden https://www.courtlistener.com/docket/63290154/333/missouri-v-biden/ Trump SDFL Docket https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/ Cannon order granting protective order https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.150.0.pdf Willis brief on federal removal https://storage.courtlistener.com/recap/gov.uscourts.ca11.84175/gov.uscourts.ca11.84175.20.0_4.pdf 2018 GAO gun report https://www.gao.gov/assets/gao-18-440.pdf  OA 778 https://openargs.com/oa778-geese-ganders-affirmative-action-are-we-overreacting-to-sffa-v-harvard-feat-guha-

Liz and Andrew begin with a discussion of Kevin McCarthy's efforts to impeach Ice Cream Joe before the linkroll roundup of all the major developments over the past few days. Then, in the main segment, the two discuss the fate of the right-wing nonsense suit in Missouri v. Biden, in which a Trump-appointed judge essentially prevented the Biden administration from reporting nonsense on social media. Did the Fifth Circuit save the day?? Listen and find out! In the Patreon bonus, the duo dive deeply into the Fulton County Special Purpose Grand Jury report that Donald Trump tried so hard to disappear. What... good news for Trump might it hold?? Notes OA 713 https://openargs.com/oa713-state-ags-sue-anthony-fauci-for-booting-them-off-twitter/ OA 739 https://openargs.com/oa739-5-million-says-mike-lindell-is-full-of-stuffing/ OA 771 https://openargs.com/oa771-trump-judge-burns-down-first-amendment-to-save-free-speech/ In re Lindell Mgmt LLC Litigation Docket https://www.courtlistener.com/docket/6741

Liz and Andrew break down all the latest developments before taking a deep dive into the significance of Mark Meadows's stunning loss in trying to remove his criminal indictment from state court in Fulton County, Georgia to federal court. What does that mean for Donald Trump? Listen and find out! In the Patreon bonus, Liz and Andrew discuss the testimony of a key upcoming witness who definitely has the goods on Donald Trump. Notes OA 785 https://openargs.com/oa785-all-gerrymandering-is-local-feat-joe-dye/ Coomer v. Lindell Docket https://www.courtlistener.com/docket/63296393/coomer-v-lindell/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc  State of GA v. Clark, Docket  https://www.courtlistener.com/docket/67713789/the-state-of-georgia-v-clark/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc  Order granting injunctive relief in Milligan v. Allen https://storage.courtlistener.com/recap/gov.uscourts.alnd.179302/gov.uscourts.alnd.179302

Liz and Andrew try a lightning round segment, answer a listener question, and then update you on the travails of Trump's lawyers as defendants in Fulton County, Georgia and as conflicted-out scoundrels in the US District Court for the Southern District of Florida. Notes Hunter Biden Docket https://www.courtlistener.com/docket/67511701/united-states-v-biden/?order_by=desc  US v. Abbott Docket https://www.courtlistener.com/docket/67630985/united-states-v-abbott/?order_by=desc Rejection Trump Boys’ Motion for Stay  https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=7VeIswUTaqJ_PLUS_2jqwndUGqQ==&system=prod Fulton County docket https://www.fultonclerk.org/DocumentCenter/Index/142 Chesebro Motion to dismiss https://www.fultonclerk.org/DocumentCenter/View/2159/MOTION-TO-DISMIS-UNDER-THE-SUPREMECY-CLAUSE---CHESEBORO DA Fani Willis letter to Jim Jordan https://s3.documentcloud.org/documents/23941366/jim-jordan-letter.pdf -Support us on Patreon: https://www.patreon.com/law

Okay, so it's an all-Trump episode... but you won't want to miss Liz and Andrew breaking down whether Donald Trump can sever his case from his co-defendants in Fulton County, along with updates on the Trump DC case and the impending disbarment of Trump's little buddy and insurrectionist mastermind, John Eastman. In the Patreon bonus, the duo update you on Day 1 of Trump lackey Pete Navarro's trial for failure to comply with the January 6th Committee's congressional subpoena. Notes Trump DC docket https://www.courtlistener.com/docket/67656595/united-states-v-trump DOJ reply Opp Motion to Vacate https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.49.0.pdf Perry DC Cir docket https://www.courtlistener.com/docket/66700176/in-re-sealed-case/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Willis Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F

Today's show welcomes Georgia criminal defense and appellate attorney Andrew Fleischman to the show to help answer Liz and Andrew's questions about the case against Donald Trump and his criminal enterprise in Fulton County, Georgia.  You might be surprised at some of the things the major news outlets aren't getting right.... Notes DA Fani Willis’s Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2143/MOTION-08-31-2023-111043-39243051-4DD6F39C-4CF9-485F-B790-F0FC73AC40C5 Chesebro’s Response to Motion to Advise Defendants https://www.fultonclerk.org/DocumentCenter/View/2152/23SC188947-RESPONSE-TO-STATES-MOTION-KENNETH-JOHNS-CHESEBRO -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki -And finally, remember that you can email us at openarguments@gmail.com

Liz and Andrew tackle the latest right-wing nonsense freakout talking point: that Joe Biden, as Vice-President, used secret email accounts to backchannel his criminal plotting to his son Hunter. Learn how every bit of this claim is complete nonsense as we break down the latest FOIA lawsuit filed by the Southeastern Law center. After that, the two discuss Sidney Powell's hilarious motion to sever her criminal indictment from everyone else in Fulton County, Georgia AND the ongoing saga of Trumpland lawyers and their conflicts. And if all that isn't enough, in the Patreon bonus, Liz and Andrew talk about the most recent developments with Trump lackey Peter Navarro. Notes New York Post story on Biden's emails https://nypost.com/2023/08/29/biden-sent-5400-secret-emails-under-different-pseudonyms/ SLF v. NARA complaint https://storage.courtlistener.com/recap/gov.uscourts.gand.319627/gov.uscourts.gand.319627.1.0.pdf SLF docket https://www.courtlistener.com/docket/67738744/southeastern-legal-foundation-inc-v-

It's our 800th Episode! Surprisingly, Mark Meadows testified at his removal hearing in Georgia, which means that he has likely waived his Fifth Amendment rights against self-incrimination. To understand what happened and why, Liz and Andrew welcome back friend of the show Mitchell Epner. Could this mean that Meadows will flip on Trump -- and if so, when?? Listen and find out! Notes GA v. Meadows federal docket https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/ Judge Jones order re: supplemental briefing in Meadows https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/ Meadows emergency motion for removal https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.17.0_1.pdf Meadows motion to dismiss on supremacy clause grounds https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.16.1.pdf -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter:  @Openargs -Facebook:  ht