Afleveringen
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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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Zijn er afleveringen die ontbreken?
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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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OA1083 - What does it mean to be a legal podcast at a time when the rule of law itself is in play? We reflect on this moment before answering a few patron questions and taking a closer look at the current state of each of the three criminal cases against Donald Trump as of this week.
âA Sitting Presidentâs Amenability to Indictment and Criminal Prosecution,â DOJ memo dated 10/16/2000.
Docket for Jack Smithâs appeal of Judge Cannonâs 11th Circuit
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Hey folks, this is more of an SIO, but I recorded a solo show because I have to debunk this myth about Kamala losing 10-15m Democratic votes. The truth is not at all that. I also have a million other thoughts that I really just want to get out there and that I hope will be helpful.
Matt and I will be back on Friday. Also, I'm not charging Patreon for this one since it's on SIO. Thanks.
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Hey folks, it's bad. MAGA is on track to win everything. Matt and I got on for some unfiltered, unedited talk.
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OA1083 - the last episode before the election! So Matt thought it would be a great time to give a final round up of the actual policy differences between Trump and Harris. Are these two candidates really any different?
Yes. Obviously yes. What a stupid question. First day on Earth or something?
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OA1082 - Donald Trump recently promised that he and House speaker Mike Johnson have a âlittle secretâ about how they are going to win next weekâs election. Is he just trolling, or have Republicans identified real vulnerabilities in our federal election system? We assess the legal realities surrounding one particularly doomerist prediction in The Nation to try to understand just how concerned we really should be.
The Washington Post has just revealed that Elon Musk has his own little secret: his numerous past violations of federal immigration law. How much does this matter, and what would happen if ICE received this information about someone who didnât happen to be the worldâs wealthiest person?
Finally, for our dessert course Matt has the scoop on a tasty footnote from this weekâs news about how the Librarian of Congress just helped to fix the ice cream machine at your local McDonaldâs.
âThat âLittle Secretâ Between Trump and Johnson? Hereâs What It Could Mean,â Elie Mistal The Nation (10/29/2024)
âElection certification under threat,â Citizens for Responsibility and Ethics in Washington (8/12/2024)
âElon Musk, enemy of âopen borders,â launched his career working illegally,â Maria Sachetti et al, The Washington Post (10/26/24)
âMelania Trump modeled in US prior to getting work visa,â AP News (11/4/2016)
âThey Hacked McDonaldâs Ice Cream Machinesâand Started a Cold War,â Andy Greenberg WIRED (4/20/2021)
âExemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies,â U.S. Copyright Office Docket No. 2023-5 (10/28/2024)
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It's OA Bar Prep with Heather! First we get the answer to last week's Mario Kart easement question, and then we get question 46 - The Fraudulent Flight to Florida
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OA1081.
We're taking a broad survey of the 2024 elections, starting with the many, many 2020 election deniers who are still in--and seeking--public office. How many of these people are still around, and how many are up for re-election? What kinds of threats to democracy are still built into the system and how could we do better? What would real reform look like, and what is it going to take to get there?
âThe Story of Election Denial in America," ElectionDeniers. org
SCOTUS decision in FEC v. Cruz for Senate (2022)
âInteractive U.S. House Election Map,â 270towin. Com
âAt least 30 election deniers and 2020 fake electors serving as Trump electors this year,â CNN (10/17/2024)
Fifth Circuitâs decision in Lamb v Wetzel (10/25/24)
âA Comprehensive Look at the Freedom to Vote Act,â Jonathan Diaz, Campaign Legal Center (9/17/21)
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OA1080 - As a weary nation watches the world's richest man try to buy a federal election in plain sight, we stop to consider the question which has so long plagued Elon Musk: There's gotta be a crime here, right? Somewhere?
There has been plenty of debate this week about the legality of Muskâs $1 million daily lottery for registered US voters in swing states, but there is something far more insidious going on in this story beyond the headlines. Matt explains how the Federal Elections Commission has recently taken the Supreme Courtâs perfectly good joke way too far before we consider what the rapidly evolving rules around super PACs could mean for the future of fair elections in the United States.
Finally, we drop a seasonal footnote to discuss how some Massachusetts 8th graders recently helped to close out a 332-year-old criminal case.
âJudge Aileen Cannon, who tossed Trump's classified docs case, on list of proposed candidates for attorney generalâ ABC News (10/22/2024)
âElon Muskâs Big Business and Conflicts of Interest With the U.S. Governmentâ The New York Times (10/20/2024)
âA Democrat, Siding With the G.O.P., Is Removing Limits on Political Cash at âBreathtakingâ Speed,â Shane Goldmacher The New York Times (6/10/2024)
The Illusion of Independence: How Unregulated Coordination is Undermining Our Democracy, and What Can Be Done to Stop It, The Campaign Legal Center (11/30/2023)
FEC Advisory Opinion 2024-01 (3/20/2024)
FEC Vice Chair Ellen Weintraubâs dissent from Advisory Opinion 2024-07 (addressing Lindsay Graham campaignâs question re: super PAC campaign fundraising coordination)
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It's OA Bar Prep with Heather! First we get the answer to last week's pizza predicament, and then we get question 45 - the case of the uneasy easement!
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OA1079 - An OA Spooktacular! But also a normal episode.
We continue our ongoing series on fascism and the law with a fresh perspective on a familiar American legal horror story. Matt explains the terrifying legal context surrounding the 1692 Court of Oyer and Terminar which sentenced dozens of innocent Massachusetts colonists to hang for the extremely real felony of practicing witchcraft--and an unexpected defense strategy which could have spared them. What can the most terrifying run of wrongful executions in US history teach us about the dangers of governance by rumor, paranoia, and conspiracy theories 332 years later?
SOURCES:
In the Devilâs Snare: The Salem Witchcraft Crisis of 1692, Mary Beth Norton (2003)
âSalem Witchcraft Trials Research Guide,â Congregational Library (2024)(links to primary sources)
18 USC 611 (voting by aliens)
Order granting preliminary injunction against Oklahomaâs anti-Sharia law amendment in Awad v. Ziriax et al, W.Dist. of OK (2010)(later upheld by 10th Circuit
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OA1078 - The Supreme Court is back from their vacation and is set to ruin a bunch of lives again! They start off with Glossip v. Oklahoma, another opportunity for the Republican ghouls on the Court to execute a potentially innocent man.
But not to worry, Matt's Footnote Fetish(tm) will bring us wayyyy back into happy territory, as a favorite character from OA past is in the news in the best way!
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It's OA Bar Prep with Heather! We get the answer to last week's hot firefighter question, and then a new question involving pizza and promised payment!
Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs!
If youâd like to support the show (and lose the ads!), please pledge at patreon.com/law!
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OA1077, Part 2 of Matt's MAGA is Fascist series.
The MAGA movement has just taken a hard turn to the extreme right with openly fascist messaging from Donald Trump about âmigrant crime,â âoccupied cities,â and âbad genes.â We take a moment to absorb this alarming reality before Matt also explains how US immigration policy has always been the leading edge of American protofascism--and why Adolf Hitler personally admired it--before taking a look at Trumpâs actual 2024 immigration promises and what keeping them would mean for us all.
Hitler's American Model: The United States and the Making of Nazi Race Law, James Q. Whitman (2017)
âTrump Apparently Has a List of Things He Loves About Adolf Hitler,â Tori Otten The New Republic (3/11/24)
âSweeping Raids, Giant Camps, and Mass Deportations: Inside Trumpâs 2025 Immigration Plans,â Charlie Savage, Maggie Haberman, Jonathan Swan, The New York Times (11/23/2023)
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OA 1076: In the wake of the devastation left by hurricanes Helene and Milton, we examine the state of FEMAâs Congressional funding. Has disaster relief actually become a âpartisanâ issue, or is this really just a Republican thing? How are these funds distributed, and why canât Congress ever seem to fully fund anything? Matt explains why the current state of Congressional appropriations has him looking for flights to Denmark. Then: Why is Ron DeSantisâs Department of Health threatening to bring criminal charges against local TV stations airing pro-choice ads in support of Floridaâs proposed Amendment 4?
Finally, we drop a footnote to check in on the current state of the longest-running criminal trial in Georgia history and listen in on what the judge most recently assigned to the Young Thug RICO case has had to say to Fani Willisâs office about how they are handling it.
âDisaster Relief Fund State of Play: In Brief,â Congressional Research Service (8/14/2024)
âThe Congressional Appropriations Process: An Introduction,â Congressional Research Service (11/30/2016)
Letter sent by Florida Department of Health General Counsel John Wilson to WFLA-TV dated 10/3/2024
Get 15% off OneSkin with the code OPENING at https://www.oneskin.co/ #oneskinpod
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