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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OA1155 - It's a bad news/good news show, but the good news is very good! But first, the fasch. First, a few more notes on the arrest of Judge Dugan. Then some terrible EOs. One attacking on sanctuary cities. In another, we get a look at what Trump wants to use his literal billion dollars of big law pledges for. And, you know, some other fascisms. T…
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T3BE68 - Professor Heather Varanini returns to spill the beans on how Thomas did for Question 67 before taking us down another Bar prompt. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate…
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OA1154 - Whatever the stage of fascism is where they start arresting judges for doing their jobs--well, we’re here. We review what we know about the in-court arrest of Milwaukie County Circuit Judge Hannah Dugan last week. Matt then explains exactly what a “sanctuary” jurisdiction is (and isn’t) and how the Trump administration’s promises to aggres…
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Alito Fails to Understand a Kids' Book — and Other Fascist Mega-Fails of the Week!
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56:35OA1153 - It's good news Friday! Here are some stories about American fascists losing or otherwise showing their asses in court, including (among others): The Supreme Court comes through strong for immigrant justice at 1 AM on a Saturday morning Samuel Alito fails to properly interpret a book written at a fourth grade level after having his Easter r…
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T3BE67 - It's another bar question with Heather Varanini! First we get the answer to last week's very bad and ungrateful father question, and then it's time for our next one! We crown some new winners, and then thank the best winners of all - our patrons! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, fin…
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Meet the Absolute Heroes Behind CourtListener.com
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38:47OA1152 - We are pleased to welcome Mike Lissner, the Executive Director and CTO of the Free Law Project to discuss his outstanding work in bringing federal court filings out from behind the PACER paywall, how just a few people with good ideas can fill in the gaps left by government services, and why he hasn’t created an Article III Hot or Not with …
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Just When We Thought Big Law Could Not Be More Pathetic
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43:50OA1151 - We’re (kind of) live from New York! Thomas, Matt, and OA regular Liz Skeen meet up in person for the first time on Liz’s home turf to review the state of the law three months into the second Trump administration. We begin with a brief update on some recent developments in Trump’s war against Biglaw before turning to some encouraging develo…
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It's Thomas Takes the Bar Exam question 66! Heather's here to break down the answer to T3BE65, and Lydia jumps in (because of reasons we explain in the show) to help us congratulate the winners and tackle the question for T3BE66. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this e…
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DHS Tries to Get Citizen To Self-Deport. The Story Went Viral. Turns Out SHE'S MATT'S LAW PARTNER!
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48:17OA1150 - Did the Department of Homeland Security really just give Massachusetts-born immigration attorney Nicole Micheroni seven days to leave the US? Matt has the inside (his law office) scoop on this viral story. Then in today’s deep dive: what if Congress accidentally legalized some THC products seven years ago and no one noticed? We discuss how…
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Republicans Might As Well Pass the "No Things We Don't Like" Act
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50:18OA1149 - Even as most of the Biglaw establishment falls to Trump’s whims, lawyers from smaller firms are stepping up to do the most necessary work on the most important issues of our times. We’re here to tell you a little more about some of them! But first: The House passes the “No Rogue Rulings Act” and we rip into some fascist nonsense from MAGA …
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ICE Disappeared One of Matt's Clients
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1:01:01OA1148 - We interrupt your regularly scheduled T3BE to bring you three stories of why Immigration and Customs Enforcement is the worst. Matt starts off by reporting on how ICE disappeared one of his detained clients shortly before his scheduled bond hearing this week. On that theme, you might have seen the viral video of an attorney confronting dep…
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OA1147 - It’s the retrial of the century, and Matt’s bringing his local perspective for the single most-requested story in OA history. Jury selection is underway for the second trial of Karen Read for her alleged responsibility in the death of Boston police officer John O’Keefe in the same Massachusetts courtroom where a mistrial was declared last …
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OA1146 - We begin with a quick review of SDNY Judge Dale Ho’s scathing 78-page (!) order dismissing all federal charges against NYC Mayor Eric Adams at DOJ’s request to see how it compared to our recent predictions. Then in our main story, Matt breaks down a true legal nightmare from this week’s news and goes beyond the headlines to explain why ICE…
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Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: http://incogni.com/opening 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 bein…
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Rap on Trial - Young Thug Was Not the First and Won’t Be the Last
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55:51*** Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: http://incogni.com/opening *** 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 admitt…
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Big Law Firm Paul Weiss Caved to Trump's Bogus Order in 4 Days. It Was Cowardly and Inexcusable.
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53:53*** Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: http://incogni.com/opening *** 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…
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State Bar of California Fails the Bar Exam
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56:39Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: http://incogni.com/opening 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. Heat…
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How One Lawsuit Targeting Trans Rights Could Undermine Disability Protections for Everyone
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54:35OA1141 - 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 heal…
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Not in a Gang? That’s Actually a Common Indicator of Gang Membership
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51:29OA1140 - 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 Ame…
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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 t…
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It Sure Looks Like Mayor of Istanbul Eric Adams Is Going to Get Away With It
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45:16OA1138 - 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 f…
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Brought to you by Trade Coffee! Get 40% off your first order with Trade at drinktrade.com/OA! 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 indi…
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The SAVE Act Could Disenfranchise Millions of Voters. Democrats Must Stop It.
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1:04:41Brought to you by Trade Coffee! Get 40% off your first order with Trade at drinktrade.com/OA! 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 SAVE Act. What exactly is it supposed to be "saving" f…
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Brought to you by Trade Coffee! Get 40% off your first order with Trade at drinktrade.com/OA! 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 Gro…
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Boston Mayor Wu Absolutely Demolishes House Republicans
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55:51OA1134 - 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 diss…
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As Trump Drones On, Democrats Resistance Takes Different Forms
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59:59OA1133 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 disc…
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DOGE Is Defying Court Orders. Will the Supreme Court Care?
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49:18OA1132 - 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 …
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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…
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‘Run for Something’ Is Stronger Than Ever. We’re Going to Need It.
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1:04:12OA 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 Run for Something. 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 …
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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 la…
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Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA 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 ki…
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The Thursday Night Massacre, Part 2
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1:42:13Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA 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, follow Openargs, find the post that has this episode, and …
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Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA! 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 Justic…
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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 …
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DoJ Memo Written In Crayon On Olive Garden Kids Menu Directs SDNY to Drop Eric Adams Case
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59:27OA1124 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, un…
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How the Insurrectionist Might Use the Insurrection Act to Go After Non-insurrectionists
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43:31OA1123 - 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 deployin…
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It's Only Been 18 Days, But That's An Eternity in DOGE Years
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54:38OA1122 - 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 goo…
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The Pro-vaccine Republican Doctor Who Just Just Gave His Vote to RFK, Jr.
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1:27:16OA1121 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 …
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Rudy Giuliani and the Possibly the Worst Legal Document Ever Filed
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2:23:55OA1120- This episode was first published on our sister show, Gavel Gavel, 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 l…
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People Are Fighting Back Against Trump’s Fascist Agenda in the Courts, and They’re Already Winning
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55:26Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA 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 s…
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Key Figure Behind Project 2025 Lies His Way Through Confirmation
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1:09:34OA1118 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. The…
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The Vacancies Act - How Trump Has Used and Abused It, and Might Again
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57:27Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA 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 a…
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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 doin…
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Trump's Executive Orders Are All Absurd and Horrible. But Which of them Actually Matter?
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52:35OA1115 - Matt joins for a special Wednesday to provide an initial review of some of the most notable of the 26 executive orders which Donald Trump signed after his inauguration on Monday. We go beyond the headlines to take a closer look at what is actually in these things, and try to sort the routine bluster from the very real threats. “Undercover …
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OA1114 - “We are now faced, my friends, with the fact that tomorrow is today.” --Dr. Martin Luther King, Jr. (April 4, 1967) We begin the second Trump administration exactly where we intend to remain for the next four years: in dissent. Today’s Inauguration Day counter-programming features two of the most powerful dissenters in modern American hist…
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We've Had One Jack Smith Report, Yes. But What About Second Report?
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53:20OA1113 - Special counsel Jack Smith recently resigned and turned final reports in each of Donald Trump’s federal cases to Attorney General Merrick Garland. We examine the enigma of the man and the complexity of his mission before reviewing his final conclusions and charging decisions. How does this compare to the Mueller Report? Why was Trump never…
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Democratic Senators Faced Their First Test in the Trump 2.0 Era - the Hegseth Confirmation
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1:16:06OA1112 and T3BE55! But who will watch the doozy watchers? We will. We watched Pete Hegseth's confirmation hearing, but our focus might have been a bit different than elsewhere. Here at Doozywatch(tm) HQ our concern wasn't with Hegseth as much, because every single one of us and them already knows he isn't fit to be Secretary of Defense. Our focus, …
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We Watched the Eastman Documentary Trump Screened at Mar-a-Lago
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52:52OA1111 - The Eastman Dilemma: Lawfare or Justice? We're giving everyone half of this Law'd Awful Movies! We watched John Eastman's... documentary? Whatever it is, a strange nonprofit called the Madison Media Fund produced it, and held the premiere at Mar-a-Lago ahead of its, you guessed it, January 6th release date. You'll hear straight from Eastma…
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Trump Has His Own Entire Genre of Law Now
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1:10:04OA1110 - For the first time in US history, an American President (both former and future) is facing criminal sentencing. We review Judge Juan Merchan’s most recent ruling on Donald Trump’s motion to dismiss his conviction for 34 felony counts of falsifying business records and the difficult balance that Merchan has struck in trying to weigh the jur…
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The Hysterical Victimhood Complex of John Eastman
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1:01:23OA1109 and T3BE54 - John Eastman is many things: a hack, a liar, a disgraced law school dean, a failed Wikipedia editor, and a mostly-disbarred, twice-indicted traitor to the Constitution on a desperate PR campaign to distance himself from the violent insurrection of January 6, 2021 which he set in motion with his patently bad-faith legal advice to…
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