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The answer for T3BE27 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs!
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OA1040
We begin in Florida with yet more of Judge Aileen Cannon's efforts to delay Donald Trump's federal case, including a demand for Jack Smith to be nicer to Trump's lawyers and her decision to allow non-parties to join the fun and make arguments in an upcoming hearing about whether Smith was properly appointed to prosecute Trump at all.
Hunter Biden's federal trial began this week in Delaware on charges relating to his purchase and possession of a gun which he owned for 11 days in 2018. Matt breaks down the history of this investigation, the charges, and how this case ended up going to trial before a quick time jump in which we return to review what we know one week into these proceedings. How does this trial compare to the one which concluded a week earlier with the conviction of a former President Donald Trump--and would these charges ever have been brought against someone whose last name wasn’t Biden?
11th Circuit order instructing the clerk's office to stop taking complaints about Judge Cannon
Jack Smith's Motion for Modification of Conditions of Release
Quick Facts on 18 U.S.C. § 922(g) Firearms Offenses (US Sentencing Commission)
Delaware indictment of Robert Hunter Biden (gun charges)
“How to Think About the Hunter Biden “Laptop,” Marcy Wheeler (6/6/2024)
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OA1039
Trump’s prosecution for election interference in Georgia was just stayed by the Court of Appeals, leaving no chance that this trial will proceed before November. What happened, and how unexpected was this delay? We investigate.
We then turn to our main story: Biden administration’s executive actions to “shut down the border” and close the door to asylum for many people who would otherwise be eligible. Matt explains what’s actually going on here and how much of it was already in place before we consider the practical and political consequences of Joe Biden effectively carrying out the border bill which Trump bullied Republicans not to pass.
We end by spending a few minutes discussing a recent opinion from Judge Frank Easterbrook of the 7th Circuit Court of Appeals, who has very strong--and extremely appropriate--opinions about fonts.
“A Proclamation on Securing the Border” (June 4, 2024)
Interim Final Rule (“Securing the Border”)(June 4, 2024)
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OA's Official Bar Tutor returns! We've got the answer to Question 26, but with Heather's signature style where we're going to learn a whole lot along the way. Then, in Question 27, we've got some Constitutional Law!
Be sure to play along by submitting your answer! Use #T3BE, or play on reddit.com/r/openargs!
OA1038
Today we're joined by Vox Senior Correspondent, Ian Millhiser! In his reporting, Ian focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. Ian gives us an excellent and comprehensive breakdown of Grants Pass v. Johnson, a case that could be decided any day now. As usual with this Court, the question is: How scared should we be?
Check out Ian's excellent article and other reporting here.
If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!
OA1037
THE JURY IS IN! Opening Arguments is coming at you LIVE AND UNEDITED today as we react in realtime to the announcement of the verdict in People v. Trump--conveniently timed for exactly the time that we had already planned to record this week! We also take a look at the lengthy closing arguments from both sides and Matt answers patron questions about some of New York’s more unusual trial practices before getting into what we can expect next.
We finish out the fun with Thomas’s dramatic reading of Samuel Alito’s indignant, mendacious, and entirely unsolicited response to the Senate Judiciary Committee’s demands to speak with the Supreme Court’s manager and take a moment to appreciate his full-throated defense of a woman’s absolute right to choose (flags).
People v. Owens, 69 N.Y.2d 585 (1987)(providing jury with written excerpt of jury instructions was reversible error)
Alito’s letter to Senators Dick Durbin and Sheldon Whitehouse dated May 29, 2024
Heather is back for another bar question! Yay! Except... it's real property... NOOOOO We only do the question on this one, since we did both the Q and A last time. So, this is just a short little uncharged episode to get us back on track. It also allows me to catch up on Patron thanks!
Note: two new Gavel Gavels are out, with more coming very, very soon!
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OA1036
Two great stories for you today - following OA1034 on how much Alito sucks, the Law Dork himself, Chris Geidner, is on to discuss the flag habits of Samuel Alito, as well as the exclusive story he broke regarding Alito’s stock activity immediately after Libs of TikTok called for a boycott against Bud Light because…transphobia. After we vent about Alito for a bit, Chris walks us through what an Alabama judge threatened to do to a group of LGBTQ+ lawyers and it’s even worse than you could imagine. Be sure to follow Chris (@chrisgeidner/@chrisgeidner.bsky.social) and subscribe to his Substack to support independent legal journalism!
Law Dork's coverage of Judge Liles Burke's orders out of the US District Court for the Northern District of Alabama
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T3BE 25
I am pleased to introduce you all to Heather Varanini! In her role as Director of Academic Achievement, Heather spends her days helping students succeed in law school and prepare for the Bar. She's onboard to serve as the Official Opening Arguments Bar Tutor and teach us a lot along the way! In this episode we'll hear more about her journey and the values that she brings to her work; for this week, we do a full Bar Question and Answer to give a sense of what we're in for with her! The traditional staggered Q&A will commence next time!
OA1035
A second Alito flag has hit the news, we have election results out of Fulton County, and the jury is nearly out in Donald Trump’s New York criminal trial. Matt also answers patron questions about how things could go wrong with the jury between now and the verdict, as well as why juries everywhere are so rarely sequestered anymore.
After a brief detour past a very important class-action suit against Hershey’s for the insufficient jauntiness of its Halloween candy, we turn to our main story: International Criminal Court prosecutor Karim Khan’s application for arrest warrants to be issued against leaders of both Hamas and Israel. How does The Hague have jurisdiction to prosecute the prime minister of a country which has flatly refused to recognize its authority--or, for that matter, Palestinians who carried out the attacks of October 7, 2023 in the territory of that same country? Matt explains the background and recent history of humanity’s first standing international criminal tribunal as we consider what this moment means for Israel, Palestine, and the world.
Complaint in Cynthia Kelly v. Hershey (Reese’s lawsuit)
ICC expert panel findings re: investigation into “The Situation in Palestine” (5/23/2024)
ICC prosecutor Karim Khan’s application for arrest warrants for leaders of Hamas and Israel (5/20/24)
Christiane Amanpour interview with ICC prosecutor Kamir Khan (5/20/24)
There's a new episode out on www.patreon.com/gavelpod!
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