Opening Arguments
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith and lawyer Matt Cameron help you understand not only current events, but also deeper legal concepts and areas! The schedule is M-W-F, with the main show on Monday and Friday and Vapid Response on Wednesday!
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OA581: The Activision-Blizzard Settlement Is Happening and It Sucks
If you're a regular listener you've heard us break down the ongoing weirdness between DFEH and EEOC over the Activision-Blizzard misconduct. It's been... unprofessional, and bad for basically everyone involved. Unfortunately, it looks like the pitifully inadequate settlement that EEOC negotiated with Activision-Blizzard is going to go through. Get the details, and what if anything can still be done about it. Before that, Andrew gives us an update on Eastment. He's still slow walking the documents, but now wants early discovery? What? Get the breakdown! Links: Eastman motion for early discovery, Chapman opposition, Eastman reply brief, DFEH motion to intervene denied 12/20/21, 1/4/22 amended decree substantively the same, 1/18 DFEH objections, 3/4 employee moves to intervene, attachment C to amended decree, 3/22 motion to intervene denied, 3/22 order on PACD
The Slap. The Actual Legal Implications. NO HOT TAKES
Will Smith slapped Chris Rock onstage at the Oscars. On live television. It's less than a day old and yet you've likely already been inundated with hot takes about it. BUT, we offer you zero more annoying hot takes. This podcast takes you through the actual legal implications, both criminal and civil, of an event like this. Chris Rock might not be "pressing charges," but does that matter? If he sued civilly, what would happen? Find out the actual, researched answers to these questions in a free bonus pod, just because we love you!
OA580: Google Caught Pulling Privilege Shenanigans
Our main segment today is a breakdown of Google's massive scheme to keep tons of documents privileged inappropriately. It's a fun deep-dive full of bad documents! Before that, we quickly go over the disgusting attempts to discredit KBJ by Senate Republicans. And, believe it or not, a GOOD NEWS segment about Lia Thomas! Links: Hawley Refutation, Trump v Clinton, Utah HB 11, Indiana HEA 1041, Google antitrust complaint, google status report, Google's Communicate with Care, Google response
OA579: The New Blueprint for Anti-Vax Lawsuits
After accidentally suing themselves and then re-filing, some anti-vaxers then went on to file a complaint that, I can't believe I'm saying this, is actually something we need to take seriously. It may be the new blueprint for anti-vax grift and we need to call it out. Andrew has the full breakdown! Links: complaint, Jefferson W. Gross, Davillier Law Group, LLC, 86 FR 61555, background to Biden v. Missouri / OSHA, Biden v. Missouri, Vaccine: Mandate for Health Care Settings (deadlines vary by state), Great Barrington Declaration
OA578: 1/6 Prosecutors Admit Violating Suspects Rights. What Happened?
It's a CNN headline that the MAGA Media is jumping all over. Is this a vast conspiracy to persecute the "political prisoners" of 1/6? Or... is it a normal thing? Get the breakdown. ALSO - man buys Tom Brady's "final" touchdown ball for $518k. Brady unretires THE NEXT DAY. Does the man have any legal recourse against anyone? And finally, an update on John Eastman's never ending quest to not turn over his insurrectiony documents. Links: Brady auction, All About Bidding with Lelands, Prosecutors admit they violated a Capitol rioter's rights CNN, actual filing, govt response to motion to release, United States v. McLendon
OA577: This Week in 'Republicans Are Horrendously Evil'
It's time to cover these disgusting 'Don't Say Gay' Bills. There's some small good news, though. None of them are actually law YET. Find out what they are about, and which ones will and won't likely become laws. Then, Andrew breaks down how one Republican sought to show how elections are fraudulent by... committing an absurd amount of election fraud. Then, because we've earned it, a nice uplifting wildcard segment! Links: Florida don't say gay bill, GA SB 613, Idaho HB 675, Missouri HB 1677, Peters Indictment, FL goon squad bill, Sidney Powell bar complaint, p 37 of Dominion's defamation lawsuit, Exhibit 6
OA576: Election Laws and Lies, with Lawrence Lessig
Last week, you heard us play a few clips of John Eastman lying his ass off on Lawrence Lessig's Another Way podcast. Well, now Professor Lessig is here to give us an expert breakdown of some of the election law issues raised by team big lie. Also, how is our election system vulnerable to the next Republican attack in 2024? Links: Friday eastman pleadings, court response, Opening Arguments on Twitter live tweet thread, Ruling, 1/6 brief, Eastman memo, 3 US Code § 15 - Counting electoral votes in Congress, Longer Eastman memo, Eastman reply
OA575: A Swing and a Miss on Lockout Negotiations
The owners refuse to play ball and the starting date for the MLB season continues to slide. Did the players throw a big curveball into the mix? Are their demands out of left field? Not really! The ballpark figures from both sides are actually very close but the owners are playing hardball. The episode on deck may be a little inside baseball, but if you listen in I think you'll agree it's a homerun! Before all the baseball puns, we have an update on the Texas war against trans people and the war on Ukraine. Links: abbott letter, ACLU lawsuit, Ukraine ICJ, Vasani quits Ivanyan in wake of Russian invasion
OA574: 1/6 Committee Brief Says Trump Guilty of Crimes!
Andrew spotted a massive, smokiest of smoking guns in a brief filed by the 1/6 Committee! This is HUGE NEWS. It is the first sign we've yet had that Trump is facing ACTUAL criminal charges! This bombshell wiped the whiteboard clean and today's episode is entirely devoted to Andrew's expert breakdown. Don't miss it! And please share! Links: Trump credits lawyer who said Kamala Harris, 55, a US citizen at birth, isn't eligible to be VP, 1/6 Committee Brief, Exhibits, 18 US Code § 1512 - Tampering with a witness, victim, or an informant, 18 US Code § 371 - Conspiracy to commit offense or to defraud United States, Eastman memo, 3 US Code § 15 - Counting electoral votes in Congress, PRIVILEGED AND CONFIDENTIAL January 6 scenario, Jacob''s depo, Exhibit K, Exhibit L, Exhibit M, Exhibit N, Timeline: How the Jan. 6 attack on the Capitol unfolded, Jeffrey Rosen's Dep, Richard Donoghue's dep
OA573: Harvard Law Review Publishes Dubious Note on Election Law
A note in the Harvard Law Review suggests we ought to "Remove presidential elections from the Anderson-Burdick Framework." So, just what does that mean and is it a good idea? Listen in as Andrew breaks it down! Also, we've got an update in the Madison Cawthorn situation, and more Kraken sanctions updates! Links: remedial election plan ruling, Special Masters plan, another kraken loss, Judge Parker ruling, 6th Circuit appeal, Removing Presidential Elections from the Anderson-Burdick Framework - Harvard Law Review
OA572.5: Biden Picks Ketanji Brown Jackson!
Emergency bonus episode! We promised a deep-dive on whoever Biden chose to replace Breyer, and here it is! Ketanji Brown Jackson is immensely accomplished. Listen as we break down what terrible arguments to expect Republicans to try against her appointment, and what some key rulings in her judicial history tell us about her jurisprudence! Links: DC cir questionnaire, Senate Written questions, Judiciary v. McGahn, Meat Inst. v. US. Dep 't of Agric, AFL-CIO v. Trump, In re Air Crash over S. Indian Ocean, 8 US Code § 1103, Make the Rd. NY v. McAleenan, Campaign for Accountability v. US. Dep 't of Just
OA572: Ukraine and International Law; Gov. Abbott's Despicable Attack on Trans Kids
What does the US's disgusting history of war crimes teach us about international law? We look at the story of how the US screwed over Nicaragua and what the UN did about it. Also, we break down Gov. Abbott's gross attack on trans people. It's despicable, but what will the real life consequences be? Find out. Before that, some good news and very bad news in the efforts to hold Trump accountable for his uncountable crimes. Links: SCOTUS Feb 22 order, Eastman reply, Prosecutors Leading Trump Fraud Investigation in NY Resign, Abbott letter, Paxton letter, UN Charter, Chapter XIV: The International Court of Justice, Statute of the International Court of Justice, Nicaragua v US 1986, ruling
OA571: MTG DAO NGMI; and Why Palin v. NYT is Not Over
If you don't understand the first part of the title, you're not alone! There was a delightful dust up between Wizards of the Coast and something called a DAO over Magic the Gathering. It turns out you're not just allowed to profit off of other people's IP? Cryto bros were very surprised to learn this. Andrew decodes it for us. Then, we finally get a thorough breakdown of what happened in the Palin v. NYT case. You may have heard it was dismissed, but it may not be over yet! It's a weird story with a lot of twists and turns. Links: Democratic DAO Suffers Coup, mtgodao white paper, Crypto Losers Buy Copy Of Jodorowsky's Dune, Play Themselves, mtgodao twitter, 17 US Code § 106 - Exclusive rights in copyrighted works, Opinion | America's Lethal Politics, Sarah Palin Jurors Said They Saw News Alerts About Case
OA570: Sandy Hook Families Win Major Settlement
Today we have two very significant legal settlements in the news to break down! The families of Sandy Hook victims settled with Remington, but based on the terrible state of the law, this wasn't a guarantee. Andrew explains how it happened! In a somewhat parallel settlement, a victim of Prince Andrew and Jeffrey Epstein settled, but only because of an interesting ruling on a motion to dismiss. Before that. we've got updates on oral arguments in the NY AG motion to quash, the NFL hiring Loretta Lynch & other NFL stuff, the bizarre Durham filing, and the 5th Circuit Injunction related to vaccines and airlines. And then, some Cardi B stuff. So much news! Links: Daniel Snyder Alleged Sexual Harassment Details, Giuffre v. Prince Andrew, GIUFFRE v. ANDREW ruling, Sandy Hook Families Reach Settlement With Gunmaker Remington, 15 U.S.C. § 7901 – "Protection of Lawful Commerce in Arms Act of 2005", Bernie Sanders voted for it, 15 US Code § 7902, 15 US Code § 7903, Connecticut Unfair Trade Practices Act Chapter 735a, § 42-110b, Cardi B on Her Unstoppable Rise GQ
OA569: Cawthorn Is as Bad at Picking Lawyers as He Is at Not Doing Insurrections
We've got a delightful update in the Madison Cawthorn "one totally legitimate effort" to keep him off the ballot! Cawthorn's lawyers made a truly pathetic attempt at an injunction. It's bad law, but good deep dive! Also, a big Opening Arguments was Right about the DHS saga from a few years ago. Don't remember what we're talking about? Don't worry, we've got your back and it is good news! As if that isn't enough, we've got a bonus Wordle Law Wildcard! Just listen, alright! Links: I-765, Application for Employment Authorization, Employment Authorization Document, Federal Court Restores Access to Work Permits for Many Asylum Seekers, Trump Rule final text, AILA - DHS Secretary Ratifies Rule, Judge Beryl Howell says NOPE, Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991), Wordle and IP law, Cawthorn Injunction, State Board Answer, Younger v. Harris, 401 U.S. 37 (1971), Chavez v. Evans, 446 P.2d 445 (NM 1968)