OA1181 - In this episode recorded almost exactly six months into the Trump administration, we check in on the progress of the Heritage Foundation’s infamous playbook to remake every part of the federal government in the second Trump administration. What is Project 2025, and who was behind it? How many of its goals have already been accomplished, how many are in progress, and what’s left?
OA1180 - We begin with some much-needed reminders that good things are still happening and the rule of law is still (mostly) holding on before turning to a recent Trump executive order on homelessness which reads like something out of a (not very good) Batman movie. Jenessa explains how this development fits into the history of long-term institutionalization of vulnerable and unhoused people in the US as we work through what this thing is actually trying to do. In an unfortunately not-at-all-unrelated story, Matt then breaks down the situation with Florida’s “Alligator Alcatraz” (aka “Gator Gitmo”), the pending challenges to this completely new (and totally illegal) approach to state-based immigration detention, and where this is all going.
Finally, in today’s footnote: has ChatGPT finally made its first hallucinatory appearance in a judicial opinion? We investigate not just one but two recent instances of federal judges who have now joined the many lawyers caught using AI to do their homework.
VR2 - Vapid Response Wednesday returns live on video for another round of bad-faith legal takes from the American right’s leading--well, let’s just go with “minds.”
We begin with a quick check-in on the divided state of the U.S. “sovereign citizen” movement via a short explainer video in which one of its leading grifters denounces a whole new set of grifters who are promoting the concept of an “American State National.”
We then plumb new depths of dumbassery from Harvard Law school professor/crypto-theocrat Adrian Vermeule. In a recent New York Times op-ed, Vermeule has called out the true villains of the American judiciary: lower court judges who aren’t doing exactly what Adrian Vermeule imagines the Supreme Court has told them to do. Matt breaks down why this column doesn’t provide a single example of the trend it purports to be exposing, and Lydia has the details on one of MAGA’s favorite legal scholars. Who is Adrian Vermeule, what is “Catholic integralism,” and why is a man who has previously gone to so much effort to hide his true beliefs behind “common-good Constitutionalism” showing his entire ass in the pages of the NYT?
Then, we preview a *patron-only* bonus where we go into overtime to witness the spectacle of Alan Dershowitz’s lengthy but extremely unconvincing arguments as to why everyone should be required to sell him pierogi under force of law. If you want to be sure to not miss that, you'll have to go to patreon.com/law!
OA1179 - Dr. Timothy Leary is best remembered today as the Harvard psychologist who told America to “turn on, tune in, and drop out” with psychedelics in the 1960s. But did you know that “the High Priest of LSD” was also one of the most famous people ever to bring a criminal case to the U.S.. Supreme Court? Jenessa shares her scientific perspective on Leary’s “research,” and Matt explains how a minor California marijuana possession charge led to Leary’s unbelievable life on the run as an international fugitive across four continents and his eventual association with not just one but three of the era’s most notorious radical groups. We then review Dr. Leary’s conviction under the Marihuana [sic] Tax Act of 1937 and how Leary v. U.S. changed everything about drug enforcement. (Also discussed: the unexpected origin of the Beatles song “Come Together,” the benefits of podcasting on acid, and what psychedelic research and regulation might have looked like in an alternate Leary-free timeline.)
OA1178 - Our conversation with former San Francisco DA Chesa Boudin continues with a closer look at the accomplishments of his term, what progressive prosecutors can realistically expect to be able to do within the constraints of the current system--and why they are the last people who should expected to do it--and what was really behind the 2022 recall campaign which removed him from office.
VR1 - Welcome to Vapid Response Wednesday! Rather than explaining law in the news as we have for years on Rapid Response Friday, Thomas, Lydia, and Matt are going on the offensive in this live video series to respond and react to the stupidest takes that we can find--and we’ve got just the guy for our first pick! We begin with former Jeffrey Epstein defense attorney Alan Dershowitz’s recent piece in the Wall Street Journal in which he literally claims that “there is nothing more to see here” on the Epstein case while filling in the facts of what we know from reliable reporting and court records. What is Dersh not telling us here about his own involvement with Epstein, the unbelievably corrupt federal non-prosecution agreement which he secured for his client in 2007, and all of the other many reasons that he might not be a trustworthy source on this question? We then take on one of Matt’s all-time favorites: a well-known 1996 video presentation from far-right immigration restrictionist organization NumbersUSA in which founder Roy Beck takes the stage to set the Guinness world record for Biggest Strawman Made Entirely Out of Gumballs.
OA1177 - We are excited to welcome former San Francisco District Attorney Chesa Boudin for the first half of this unique two-part interview! Chesa is a very notable representative of the “progressive prosecutor” movement. His time as SF DA shows both the promise of this movement, and the limitations. But before we dig into all that, we begin with Chesa’s unique background as the child of incarcerated parents and how this experience inspired him to dedicate his life to bringing a new approach to the criminal legal system.
OA1176 - Six years after his death in a filthy Manhattan jail cell, Jeffrey Epstein’s disgusting ghost is now haunting Donald Trump--his former “best friend” of more than a decade. What are the “Epstein files” and why has the demand to see them turned MAGA world against itself now? We go beyond the headlines to explain how one of the most notorious criminals in recent American history has become this week’s top legal story so long after his death, and why DOJ’s recent efforts to cover for Trump should constitute a ten-alarm scandal. We then review Trump’s attempt to sue the Wall Street Journal for revealing his surprisingly artistic birthday wishes to his “pal,” why his administration is so intent on unsealing grand jury records which DOJ knows can’t be released, how this whole mess has reached the point that the Supreme Court might actually have a good legal reason to reverse Epstein accomplice Ghislaine Maxwell’s conviction (!), and why Trump might be about to pardon Maxwell even if it doesn’t. Also discussed: the history of Epstein’s astonishing 2007 non-prosecution agreement and its legacy, the real “Epstein files” that no one has been talking about, and how the President of France might be about to righteously bankrupt MAGA mouthpiece Candace Owens.
Professor Heather Varanini has brought us our next question as we study for the Bar Exam!
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OA1175 - How much of a restriction on your First Amendment rights is it to have to upload an ID to access an adult website? That is the question at the heart of Free Speech Coalition v. Paxton, the Supreme Court’s recent review of age verification laws such as Texas’s HB 1181. Matt explains how this newly precedential application of intermediate scrutiny to these kinds of restrictions on adult content could have real implications for the future of other kinds of unpopular speech. Then for more context we welcome Zeve Sanderson, the Executive Director of the NYU Center for Social Media & Politics. Zeve and a team of other researchers have recently published the leading findings on the actual effects of age verification on browsing habits, which he takes us through while also explaining some possibly less-restrictive alternatives to current verification methods.
