Afleveringen
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OA1104 - America's Dismayor, and other great stories to help close out 2024 on a positive note!
Rudy Giulianiâs long, greasy slide from the heights of New York power seems to be ending in the same Manhattan federal courthouse in which he made his career as the US Attorney for the Southern District of NY. We take a closer look at the often hilarious lengths Americaâs former mayor has gone to in the past year to avoid paying the $148 million judgment he earned by casually defaming two hardworking Georgia election volunteers. Also discussed: why the House Ethics Committee decided to release its report on Matt Gaetz, Biden's commutation of 92% of the federal death row, and a legitimately good decision from the Supreme Court that we meant to talk about earlier. Finally, Matt drops a footnote with what he is promising will be the last time that he talks about fonts this year.
Freeman v. Giuliani docket
Giulianiâs written stipulation to making per se defamatory statements (7/25/23)
Judge Limanâs âturnoverâ order (10/22/24)
Judge Howellâs default judgment order (8/30/23)
Giulianiâs 55-page response to the plaintiffâs motion for sanctions (12/19/24)
The America First Warehouse (Americaâs Most Patriotic Venue)
U.S. v. Rahimi (June 21, 2024)
âPreferred Typefaces for Briefs,â Fourth Circuit Court of Appeals (12/9/24)
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OA1103 - Is human intelligence necessarily more rational and just than artificial intelligence? How involved should AI be in our law and government? Professor Aziz Huq of the University of Chicago School of Law joins for a fascinating conversation about everything from the âright to a human decisionâ to the dystopian terrors of Tinder.
âA Right to a Human Decision,â Aziz Huq, Virginia Law Review (2020)
âThe Geopolitics of Digital Regulation,â Aziz Huq (2024)
âChinese scientists develop AI âprosecutor' that can press its own charges,â Steven Chen, South China Morning Post (2021)
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Zijn er afleveringen die ontbreken?
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OA1102 - Why is the state of New York charging Luigi Mangione as a terrorist? And why have federal charges been filed in this case at all? We consider before moving on to try to locate any actual legal basis in the Georgia Court of Appeals decision removing Fulton County DA Fani Willis from the prosecution of Donald Trump and his alleged conspirators in Georgia. Finally, we dig into 11th Circuit judge Kevin Newsomâs surprisingly defensible argument that judges and lawyers should occasionally consult with ChatGPT, and Matt drops a footnote involving judges being weird about food.
New York indictment of Luigi Mangione (12/18/24)
Federal indictment of Luigi Mangione (12/19/24)
People v. Ferhani, 966 N.Y.S.2d 348 (2012)
Georgia Court of Appeals decision removing Fani Willis from Trumpâs GA case (12/19/24)
Snell v. Specialty Insurance Corp, 11th Cir. (5/28/2024)(Newsom, J., concurring)
U.S. v. Deleon, 11 Cir. (9/5/2024)(Newsom, J., concurring)
Judge Proctorâs order in McCuller v. Koch (11/26/24)
Ohio Supreme Courtâs decision in Berkheimer v. REKM (7/25/24)
Ohio Supreme Courtâs decision denying reconsideration in Berkheimer v. REM (12/9/24)
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OA1101 - You know... that super woke institution... the US Military... well, NO LONGER! Trump's man for the job is a real piece of work. And if you don't believe us, take it from his own mom. As usual, Lydia gives us the doozy breakdown, and also how Hegseth fits right into the Project 2025 design.
Then, it's T3BE 52!
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OA1100 - Donald Trumpâs promises of âmass deportationâ have been dominating the headlines, but what do we actually know about what the coming administration is planning--and who should actually be concerned? Matt explains how immigration enforcement actually works in practice under the current system, including its current practical and logistical limitations. We then break down the ways that Trump has told us that he intends to subvert or get around the existing system and the law (or lack thereof) behind these unprecedented proposals before ending with some ideas for how you can help to prepare to stand up to mass enforcement actions in your community.
Watch our new video on how Joe Biden can go out a legend!!!
âTrumpâs Possibly Illegal Border Posse,â Matt Cameron, The New Republic (5/2/2019)
âThe 287(g) Program: An Overview,â American Immigration Council (July 2021)
âLicense to Abuse: How the 287(g) Program Empowers Racist Sherriffs,â ACLU (2022)
âNational Map of 287(g) Agreements,â Immigration Legal Resource Center
âSweeping Raids, Giant Camps, and Mass Deportations: Inside Trumpâs 2025 Immigration Plans,â New York Times (11/11/2023)
Make the Road v. Wolf, 962 F. 3d 612, D.C. Cir. (2020)
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OA1099 - Superstar Gavel Gavel contributor Liz Skeen joins to answer all of your questions about the arrest of Luigi Mangione and the charges he will soon be facing for his alleged shooting of United Healthcare CEO Brian Thompson in the courthouse where she serves as a public defender. Also: Bidenâs record-breaking day of clemency.
Listen to Thomas, Matt, Liz, and our talented cast of People v. Trump transcript re-enactors on Gavel Gavel!
Watch our new video on how Joe Biden can go out a legend
Sign the official OA petition for Joe Biden to go out a legend
White House press release on Bidenâs December 12, 2024 clemency actions
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OA1098/T3BE51 - We conclude our review of Trumpâs immigration enforcement team with the man behind Donald Trumpâs immigration policies.. Who is Steven Miller, and why? Youâll want to listen to this one even if you think you know who this man is, because itâs all a lot weirder--and, somehow, worse--than you might have ever imagined.
Then, it's time for the answer to last week's bar exam question, and Q51!
Hatemonger: Stephen Miller, Donald Trump, and the White Nationalist Agenda, Jean Guerrero (2020)
âHow Stephen Miller Manipulates Donald Trump to Further His Immigration Obsession,â Jonathan Blitzer, The New Yorker (2/20/2020)
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OA1097 - Trump's Staff Infection, Vol. 5
Donald Trump has just reiterated his intentions for mass immigration enforcement in a Sunday Meet the Press interview, and Lydia joins for a closer look at the people who will actually be carrying these policies out. We take a quick introductory look at runner-up Attorney General pick Pam Bondi before Lydia reviews some of Project 2025âs plans and Matt explains the different roles of the DOJ and DHS in the US immigration system. Also, why has the former governor of a lightly-populated state nearly 1000 miles from the Mexican border with nothing related to immigration on her CV been chosen as the next head of Homeland Security? We have some theories--but absolutely no questions as to why family separation expert Thomas Homan will be the next American âborder czar.â
âProject 2025: A Mandate for Leadership,â The Heritage Foundation (2024)
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OA1096 - The President of the United States has just pardoned a blood relative and itâs--fine, actually. We review the full pardon of Hunter Biden in the greater context of presidential pardons before moving on to our main story: this weekâs oral arguments in the trans rights case U.S. v. Skrmetti. The most important and very likely the most consequential case of this Supreme Court term featured the first openly trans lawyer ever to appear before the high court patiently trying to explain to some of our finest legal minds why a Tennessee law denying life-saving healthcare to certain people based on which letter is printed on their birth certificates is in fact unconstitutional discrimination. Finally, Matt drops a quick footnote to acknowledge one of the shortest periods of martial law in democratic history and to see what we might be able to learn from it.
Statement from President Joe Biden re: pardon of Hunter Biden(12/1/24)
Office of the Pardon Attorney | Pardons Granted by President Donald J. Trump (2017-2021)
U.S. v. Skrmetti oral arguments (12/4/24)
L.W. v. Skrmetti (6th Cir)(7/8/2023)
President Yoonâs Speech Declaring Martial Law in South Korea - The New York Times (12/3/24)
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OA1095 - Trump's Staff Infection, part 4 plus T3BE50!
Lydia Smith joins us once again to take us through another volume of Trump's Staff Infection. This time, we focus on the Intelligence Agencies.
Then, it's T3BE50! Submit your answer on Bluesky or Reddit!
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OA1094 - Denaturalization and an executive order revoking birthright citizenship for children of undocumented parents have both been in the news a lot recently, and Matt would like everyone to take a breath and do some realistic risk assessment. We review what it actually takes to denaturalize someone under our current system, and what it would take for a majority of even this Supreme Court to say that the Fourteenth Amendment doesnât say exactly what it says.
Departure Statement of Wong Kim Ark, National Archives San Francisco
U.S. v Wong Kim Ark, 169 US 649 (1898)
Trump announcement on birthright citizenship executive order, Agenda 47 (2024)
Birthright Citizens: a History of Race and Rights in Antebellum History, Martha Jones (2018)
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OA1093 - In this episode recorded on Thanksgiving Day, two vegetarians carve up the Canadian turkey born Aubrey Drake Graham. Are Drakeâs exploratory legal actions against Universal Music in response to Kendrick Lamarâs âNot Like Usâ the weakest move in the history of rap beefs? Matt shares some of his favorite diss tracks before we consider these filings and how Drake thought he could possibly come out of this looking good. We also take a look at Jack Smithâs motion to dismiss both of the federal criminal cases against the 47th President-elect of the United States, and what we can learn about the possible future (?) of these cases from both his motion and DC federal judge Tanya Chutkanâs order granting it. Finally, in todayâs footnote Thomas provides valuable evidence for the prospective plaintiffs in a cease and desist demand recently made against the ONLY guitar endorsed by Donald Trump.
Governmentâs Motion to Dismiss in U.S. v. Trump (11/25/240
Judge Chutkanâs order on governmentâs motion to dismiss U.S. v. Trump (11/25/24)
OLC memo on immunity for sitting presidents (10/16/2000)
OLC memo on presidential self-pardons (8/5/1974)
Verified Petition in Frozen Moments LLC v UMG/Spotify (NY Drake payola filing)(11/25/24)
Verified Petition seeking depositions in TX (TX Drake defamation filing)(11/25/24)
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OA1092 plus T3BE49 - we continue our conversation with Somali-American author and advocate Abdi Nor Iftin.
Then, it's answer time for T3BE question 48, and our new question 49! Play along on BlueSky!
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OA1091 - We are honored to welcome Somali-American author and advocate Abdi Nor Iftin for the first of a 2-part Thanksgiving episode dedicated with gratitude to the incredible efforts that so many naturalized Americans have made to be a part of this country. Abdi has recorded the full story of his life in his book Call Me American, in which he details the long journey from his escape from being forced into service as a child soldier in war-torn Somalia to his years as a refugee in Kenya before winning the U.S. diversity visa lottery and building a thoroughly American life in one of the last states you might expect. In this extended interview we get to know Abdi as he shares his story and his unique perspective on what the current American moment means for him and his community.
Call Me American: A Memoir,: Abdi Nor Iftin (2018)
âNow is the time to buckle up and fight, not to flee,â Abdi Nor Iftin, The Forecaster (11/19/24)
âAbdi and the Golden Ticket,â This American Life (7/3/2015)
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OA1090 - It's an ALL GOOD NEWS EPISODE! It exists, and there is plenty of it. Positive vibes only for today's dose of practical hope.
And right when you think it can't get any better, the Footnote Fetish returns! Matt has found yet another bizarre RFK Jr animal-related scandal, this one far from the headlines at the intersection of election and avian law. Also Thomas Takes the Bird Exam!
2024 Popular Vote Tracker, Cook Political Report
Alvin Braggâs letter to NY judge Juan Merchan opposing Trumpâs motion to dismiss (11/19/24)
âSituation in the State of Palestine: ICC Pre-Trial Chamber I rejects the State of Israelâs challenges to jurisdiction and issues warrants of arrest for Benjamin Netanyahu and Yoav Gallant | International Criminal Courtâ (11/21/24)
Judge Melissa Owensâs summary judgment decision in Johnson v Wyoming (11/18/24)
âNovember Surprise! State Finally Releases RFK Jr.âs Falconry Records,â Kevin Underhill, Lowering the Bar (11/5/24)
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OA1089 - Trump's Staff Infection, part 3 plus T3BE48!
In this installment of Fashwatchâs continuing review of Trumpâs incoming legal team, we take a closer look at what we know about the top spots in his DOJ and some of the other most important lawyers in any Presidential administration: White House counsel, Solicitor General, and the US Attorney for the Southern District of New York.
1. âHow a Corporate Law Firm Led a Political Revolution,â David Enrich, The New York Times (8/25/22)
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OA1088 - Trump's Staff Infection Vol. 2
With special guest Lydia Smith! Matt explains why only lawyers can truly destroy the rule of law before Lydia reviews what Project 2025 has planned for the Department of Justice. We then consider Donald Trumpâs intention to make his favorite Florida (Congress)man our next Attorney General without or without Senate approval. Who is Americaâs Worst Matt, and could this weird loser really be the angel of Trumpâs retribution?
Mandate for Leadership, Project 2025
âIs Matt Gaetz an âAccomplished Attorneyâ?â Louis Jacobsen, Politifact (11/15/24)
Nayib Bukele on X: "US Congressmen visit CECOT (Center for the Confinement of Terrorism)
âMatt Gaetzâs 2008 DUI arrest resurfaces after jab at Hunter Bidenâs substance abuse. Hereâs what happened,â Tampa Bay Times (11/15/24)
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OA1087 - We examine how the incoming President and his administration are already breaking the law with his transition team before taking on his announced intention to subvert the Constitution--and his own political party--through an unprecedented clown car of forced recess appointments. From the Defense Secretary the National Guard determined they couldnât trust with a gun around Joe Biden to the Attorney General who just resigned from Congress to avoid the details of what he has been doing with high school students to the deputy chief of staff who is Stephen Miller, there are plenty of good reasons these freaks might not clear even a Republican Senate. Could this one weird Constitutional trick force them through?
Finally, the worldâs richest man wants to tell the federal government how to spend its money. Whatâs the deal with Elon Muskâs Department of Government Efficiency?
Harris-Walz Transition Team Ethics Plan
âWill Trump Pursue a Bonkers Plan to Adjourn Both Houses of Congress?,â Ed Whelan, National Review (11/13/2024)
House Ethics Rules (2024)
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OA1086 - We're modifying the schedule a little! Introducing fash-watch with Lydia. We're going to keep a very watchful eye on Trump's incoming government. We're starting this week with the EPA Administrator Lee Zeldin and UN Ambassador Elise Stefanik.
But don't worry! After that, we're still on with Heather and the regularly scheduled bar exam failure! Make sure to find openargs on Bluesky and play T3BE there!
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OA1085 - Matt has put together a preliminary list of things Joe Biden can and should do in the lame duck period. Will he? Let's make him.
After that, we examine something that he should absolutely not do courtesy of the aspiring fascists of the National Review. As a little treat.
Trump has made more than 100 threats to prosecute or punished perceived enemies," NPR News (10/22/22)
âBiden Should Pardon Trump,â Mark Antonio Wright, National Review (11/6/24)
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