Opening Arguments

Episoder

• 
  DOJ Wants Every Federal Judge in Minnesota Recused (Good Luck With That) 02.10.2026 49min

  OA1301 - IT'S FASCISM RESPONSE FRIDAY, and it's a lot. DOJ just filed a complaint trying to get every single active federal judge in Minnesota booted off immigration cases, and the "evidence" is a judge telling the New York Times the truth. The Supreme Court just let deportations to countries people aren't even from happen again. And we cannot stop laughing about the executive order that just declared this the "era of superintelligence." There's good news too, but you'll have to listen for that. Cases discussed: Complaint Against Judges of the U.S. District Court for the District of Minnesota (filed under 28 U.S.C. § 351) D.V.D. v. DHS (Supreme Court stay on third-country removals) Trump v. Internal Revenue Service (11th Circuit, the "slush fund" case) CNN et al. v. Trump (White House press access) USPS v. California et al. Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.
• 
  John Yoo Wrote the Torture Memos and Never Paid for It. At All. 30.09.2026 1t 15min

  VR45 - Today on Vapid Response: 25 years after the terror attacks of September 11, 2001, we look back on the Forrest Gump of monstrously bad legal takes: former DOJ lawyer and current UC Berkeley law professor (!) John Yoo. We go back to the primary sources to show how the Office of Legal Counsel explicitly authorized torture, indefinite detention in Guantanamo Bay, and warrantless surveillance of U.S. citizens before giving Secretary of State Marco Rubio a chance to explain why the world should never hold the United States accountable for any of it. Cases and sources discussed: “Time to Think About Torture,” Jonathan Alter, Newsweek (11/4/2001) “Is There a Tortuous Road to Justice?” Alan M. Dershowitz, LA Times (11/8/2001) Memorandum for John Rizzo, Acting Counsel for the CIA, DOJ Office of Legal Counsel (August 1, 2002) Possible Habeas Jurisdiction Over Aliens Held in Guantanamo Bay, Cuba, Patrick Philbin & John Yoo (December 28 2001) Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the "Purpose " Standard for Searches, John Yoo (9/25/2001) “Why We’re Dismantling the ICC,” Secretary of State Marco Rubio (July 14, 2026) Check out the OA Linktree for all the places to go and things to do!
• 
  From Toga Guy to John Hinckley: A History of Pleading Insanity 28.09.2026 52min

  OA1300 - The “insanity defense” might sound like a relic of a time when mental illness was viewed through the lens of demons and witches, and it turns out it is… but also maybe it’s kind of woke? Jenessa walks us through the history of Old English and Early American iterations of the defense, various tests that are applied today, and what happens afterwards that most people don’t get to see. Cases and sources discussed: Chris Liberati-Conant “It’s Time To Take ‘Hygiene’ out of the Mental Hygiene Law” Legal Information Institute summary of insanity defenses NY Criminal Procedure Law § 330.20 “Law and the Mental Health System” Check out the OA Linktree for all the places to go and things to do!  
• 
  He Went to Prison for Bribing Susan Collins. She's... Totally Fine Somehow? 25.09.2026 1t 2min

  OA1299 - This week on Rapid Response Friday: what crimes might Senator Susan Collins (R-ME) have been complicit in, and why won't she ever be prosecuted for any of them? We go deeper into the law behind the facts exposed in ProPublica's outstanding investigation into her SuperPAC's coordination of illegal campaign contributions from a naval defense contractor. We then take a closer look at another damning investigation, this time of the Florida state-run immigration facility formerly known as "Alligator Alcatraz" from a surprising source: the Department of Homeland Security's Office of the Inspector General. We already knew this place was an illegal black site polluting a delicate Everglades ecosystem on tribal lands, but this report documents something much worse. If a Trump loyalist is willing to put some of this stuff into writing how much worse must the truth be? Finally, in this week's footnote: yet another dismal milestone for AI in the law as a New Mexico attorney is forced to defend an appellate brief in which ChatGPT made up the law and the facts. Cases and sources discussed: “The FBI Anti-Corruption Squad Was Circling Susan Collins — Until Trump Got in the Way,” William Turton, Avi Asher-Schapiro, Molly Redden, and Kristen Berg, ProPublica (9/22/2026) Indictment in U.S. v. Kao et al (2/10/2022) “Unannounced Inspection of ICE’s Florida Soft-Sided Facility (“Alligator Alcatraz”) in Ochopee, Florida,” Department of Homeland Security Office of Inspector General (9/11/2026) In Re Stephen Aarons, New Mexico Supreme Court #S-1-SC-40845 Show Cause Hearing: State v. Sandoval, S-1-SC-40845 (8/21/2026) Check out the OA Linktree for all the places to go and things to do!
• 
  The Real Reason Coyote v. Acme Was Buried (It's So Much Worse Than a Tax Write-Off) 24.09.2026 1t 4min

  Coyote vs. Acme is such a fun movie. Thomas and Lydia saw it with the kids, Matt tried to borrow some kids to see it with, and has some fun legal observations for us. BUT! Before that, it's a special series premiere of ACCOUNTING'ed AWFUL MOVIES! Because there is some real financial shenanigans with this movie. Everyone says it got shelved for tax reasons. But that's wrong! It's actually so much worse than that... $2+ Patrons already have the full episode at patreon.com/law. Check out the OA Linktree for all the places to go and things to do!
• 
  The USPS Ballot Scheme Was Even Worse Than You Thought 21.09.2026 58min

  OA1298 - Voting rights attorney Jenessa is back with a sprawling tour of election chaos, starting with the Supreme Court's unsigned order in USPS v. California: nobody knows the vote count, and the real fight on the merits waits for 2028. Then: the USPS whistleblower letter reveals a system built on oral-only instructions and batch ballot rejection for any single problem, from a mismatch to a misscanned barcode. Meanwhile, a district court in DSCC v. Trump adds another layer: an injunction that even bars states from volunteering. Next, a USCIS whistleblower letter exposes an unlawful voter-fraud investigation targeting naturalized citizens, built on private corporate databases and vibes, with data gaps the training video promises will be filled by, quote, “supplemental magic.” Finally, Missouri redistricting: how the chaos unfolded from dueling maps to a secretary of state whose compliance plan was apparently to “evaluate options” until a judge told him otherwise, all captured in a contempt hearing you have to hear to believe. Cases and sources discussed: USPS v California, 609 U.S. ___ (2026) DSCC v Trump, (D.D.C. 2026) USPS whistleblower letter (August 31, 2026) USCIS whistleblower letter (September 13, 2026) Hugh Cameron (September 10, 2026), Missouri’s Midterm Map Fight: How the Chaos Unfolded, Newsweek. Contempt hearing for Hoskins at Missouri Supreme Court Check out the OA Linktree for all the places to go and things to do!
• 
  Kash Patel Screws the Pooch 18.09.2026 51min

  OA1297 - This week on Rapid Response Friday: SCOTUS once again confirms the color of the sky, the latest failures in DOJ’s attempts to prosecute Trump’s political opponents, why the most important immigration agency you’ve never heard of has decided as a matter of law that Trump fixed Venezuela by illegally kidnapping its president, and how NYC mayor Zohran Mamdani is  trying to stop Trump 2.0 from bringing new life to one of the worst failed immigration policies of 1.0. Finally, in today’s footnote: Kash Patel screws the pooch while trying to explain the FBI’s bizarre new hiring guidelines in some of the funniest Congressional testimony we’ve ever heard. USPS v. California et al, 609 U. S. ____ (2026) Audio from Fourth Circuit oral arguments in U.S. v. James (9/15/26) Matter of A-E-V-M-, 30 I&N Dec. 20 (BIA 2026)  Complaint in New York et al v. Mullin et al, SDNY Case #1:26-cv-07978 (9/14/2026) Check out the OA Linktree for all the places to go and things to do!
• 
  Manosphere's Favorite Juror Had Active Restraining Order During Clancy Trial 16.09.2026 1t 1min

  VR44 - This week on Vapid Response: we survey some of MAGA’s worst takes on the recent mistrial of Lindsay Clancy, all the way from “women are too woke and emotional to be on juries," to “the man who acted out of emotion to ignore the law is the true hero.” Also: the manosphere’s casual endorsement of domestic violence against women who want to talk about their own mental health, and a quick refresh on the incredibly nuanced reality of a mental health defense in Massachusetts. You can watch the episode here! Jury instructions in Commonwealth v. Clancy, delivered August 26, 2026  “Lindsay Clancy’s Activist Jury Is a A Consequence of Democrats’ Soft-on-Crime Creep,” Jordan Boyd, The Federalist (9/14/2026) “What a Lindsay Clancy Juror Said About the Case is Just Insane,” Matt Vespa, Town Hall (9/13/26) “Men, Get Ahold of Your Lindsay Clancy-Supporting Wives and Girlfriends Before It’s Too Late,” Eddie Scarry, The Federalist (8/24/26) Check out the OA Linktree for all the places to go and things to do!
• 
  A Blizzard of Lies - Dave Wedge on the Karen Read Trial 14.09.2026 49min

  OA1296 - Dave Wedge is a veteran Boston reporter and New York Times bestselling author who covered (among many other things) hundreds of murder trials as a reporter for the Boston Herald and other local outlets. Dave joins OA to discuss his new book Blizzard of Lies, the definitive account of the prosecution and two unsuccessful attempts to prosecute Karen Read for the still-unexplained death of Boston police officer John O’Keefe. Beyond its excellent coverage of one of the most infamous prosecutions in modern Massachusetts history, Dave’s book takes an objective look at the case for a fascinating snapshot of how, among other things: so-called “forensic fandom” in independent and social media has driven public perception of the justice system-, Aiden “Turtleboy” Kearney’s aggressive and questionably ethical independent coverage propelled the trial into international news, and the “Free Karen Read” movement may have influenced the defense, the prosecution, and the outcome of a case which Dave convincingly argues may be an unfortunate turning point in American legal history. Blizzard of Lies is this month’s OA Book Club selection! Patrons at every level are invited to join at 4:30 PM EST on Sunday September 27th before we discuss the book. Dave Wedge’s website Blizzard of Lies: Karen Read, John O’Keefe, and the Shocking Unsolved Murder in Cop Town, USA, Dave Wedge (2026) Check out the OA Linktree for all the places to go and things to do!
• 
  The 5th Circuit Says You Have No Right to Clean Water 11.09.2026 46min

  OA1295 - Today on Rapid Response Friday: your questions about the Lindsay Clancy mistrial, actual justice for the Tate brothers, Trump’s mystery meat, and the Fifth Circuit’s extremely normal holding that there is no cognizable Constitutional right to clean water and/or honest government. Finally, today’s footnote recognizes the 60th anniversary of the original Star Trek series with a five-minute mission to boldly go where no podcast has gone before: the strange new world of a poorly-drafted clause in creator Gene Roddenberry’s divorce settlement which was more trouble than a cargo hold full of Tribbles. “Further Ensuring Affordable Beef For the American Consumer,” The White House (8/26/26) “Why Did Trump Order Up 660 Million Pounds of Mystery Meat?”, Ercic Schlosser , The New York Times  (9/7/26) Sterling et al v. City of Jackson, No. 24-60370 (5th Cir., 9/4/2026) Roddenberry v Roddenberry, 44 Cal. App. 4th 634 (1996)  Check out the OA Linktree for all the places to go and things to do!
• 
  Milo Yiannopoulos Lied About His Immigration Status (And We Can Prove It) 09.09.2026 1t 21min

  VR43 - Today on this special edition of Vapid Response: ICE boot enthusiast Milo Yiannopolous is not a particularly interesting person, but his recent unexpected removal to the UK makes for quite a teaching moment. Matt brings 20 years of instincts and experience as a deportation defense attorney to some of the more mysterious questions surrounding Yiannopolous’s recent encounter with the realities of immigration enforcement and ensuing swift removal to the UK. How did someone on an “extraordinary ability” visa (lol) who was married to a US citizen end up with a removal order? How did he hold down this status after being canned by Breitbart in early 2017? Why is he lying about having been a permanent resident?  And does this man even actually have a lawyer at all? We then take a look at some of the funnier editor’s comments from the draft manuscript of his 2017 book Dangerous which was so bad that it was used as evidence by Simon & Schuster in their defense against his lawsuit for breach of contract when they refused to publish it. Milo Yiannopolous’s first post-deportation interview with Piers Morgan (9/1/2026) The Deportation Data Project’s website “The Elements of Vile,” Mitchell Ivers, Harper’s (March 2018) Complete manuscript of Milo Yiannopolous’s Dangerous as introduced into the record of Yiannopolous v. Simon & Schuster, with editor’s notes Check out the OA Linktree for all the places to go and things to do!
• 
  The First Openly Autistic Lawyer in Florida on What Law Firms Get Wrong 07.09.2026 1t 6min

  OA1294 - Haley Moss was the first openly autistic woman to practice law in Florida, and she is now an advocate for disability, autism, and neurodiversity in the workplace. She joins Matt and Thomas to discuss what law firm hiring managers need to know about autistic lawyers, why people in a profession which attracts neurodiversity are still so reluctant to disclose it, and the kinds of simple accommodations which can help lawyers on the spectrum thrive.  Haley Moss’s website Great Minds Think Differently: Neurodiversity for Lawyers and Other Professionals, Haley Moss (2021) Talking the Talk About Autism: How to Share & Tell Your Story, Haley Moss (2024) Check out the OA Linktree for all the places to go and things to do!
• 
  Most Lindsay Clancy Coverage Has the Law All Wrong 04.09.2026 1t

  OA1293 - In this extra-special Rapid Response Friday, Thomas visits Boston to record live in Matt’s office and talk out two very different legal stories in the news that the media aren’t quite getting right this week. THE TRIAL OF LINDSAY CLANCY: Why were the defense and the prosecution both talking past each other in their closing arguments, and what is everyone missing about why Massachusetts law makes it nearly impossible for Clancy to present the defense that most people seem to believe that she is putting on? THE DEPORTATION OF MILO YIANNOPOLOUS: How did a white British man who was one of Trump’s most obnoxious supporters in 2016 end up in deportation proceedings--let alone detained by ICEand swiftly deported? Did Milo Yiannopolous really buy a ticket to fly into the major airport closest to one of the country’s largest ICE detention centers without knowing that he would almost certainly be detained and sent back to the UK ASAP? Matt shares what he has pieced together beyond the headlines, with more to come on next week’s Vapid Response Wednesday. Finally, in today’s footnote: an upstart new social media platform is taking on Elon Musk’s X by calling itself... Twitter? Can they do that? Video and transcript of Lindsay Clancy jury instructions and closing arguments (8/28/26) “When Jurors Can Not Agree,” Massachusetts Jury Instruction #2.460 (2009 Edition) “The reidentification of Milo Yiannopolous’s court data,” Jonathan Gerhardson (8/30/2026) “Here’s How Milo Yiannopolous and White Nationalists Smuggled Hate Into the Mainstream,“ Joseph Bernstein Buzzfeed News (10/5/2017) Check out the OA Linktree for all the places to go and things to do!
• 
  ICE Went Undercover To Expose a Vast Antifa "Conspiracy" 02.09.2026 44min

  Hey folks, no VR this week because Lydia and I are traveling. (We're in Boston, going to record RRF live together with Matt!) But folks NEED to hear this episode of Gavel Gavel we did. It's so absurd. Gavel Gavel Episode 83: Thomas, Lydia, and Matt dig into a newly released federal indictment out of Minneapolis, where ICE's undercover operation, officially named Operation Puppet Master, has charged roughly 15 protesters under the same statute as the sandwich guy. The conspiracy map names a boxing club, a bike club, and some of the largest unions in America. The overt acts include renting a U-Haul, exchanging Signal messages, and being introduced to someone named Sam. Part 2 gets into the HSI undercover memos and the defense's discovery motion. You can get it right now at patreon.com/gavelpod. Cases discussed: United States v. Sant et al. (D. Minn.) United States v. Rabbitt et al. (Broadview indictment) Patrons at patreon.com/gavelpod get episodes early and ad-free!
• 
  Supreme Court Says Why Prevent Trump Violating the Constitution Before It Even Happens? 31.08.2026 1t

  OA1292 - Jenessa takes us through the Supreme Court's 6-3 shadow docket ruling in Trump v. California, which lifted a preliminary injunction blocking Trump's executive order directing the U.S. Postal Service to gatekeep mail-in ballot delivery before the midterms. Is this a procedural technicality or a five-alarm fire for November? And what does it mean that the Postal Service published its final rule on a Friday night, in apparent violation of an injunction, right before the Court's Monday ruling? Jenessa walks through the chaotic docket, Judge Talwani's genius pivot, and why Justice Jackson's 20-page solo dissent might be the most important thing you read this election season. Cases discussed: Trump v. California (Supreme Court shadow docket, 8/25/2026) League of Women Voters of Massachusetts v. Trump, D. Mass. DSCC v. Trump, D.D.C. State of California v. United States Postal Service Check out the OA Linktree for all the places to go and things to do!
• 
  Meta Must Pay, Bannon's Judge Pushes Back, and a Dolly Parton Shoutout from the Bench 28.08.2026 50min

  OA1291 - This week on Rapid Response Friday: the single biggest consumer protection settlement ever reached with any U.S. company puts new guardrails on younger social media users, a federal judge refuses to let Steve Bannon off the hook just because DOJ asked him to, an under-the-radar example of ICE’s determination to get around federal court orders, and Trump’s new war on how law schools are accredited. Finally in today’s footnote, we honor absolute legend Dolly Parton with a cosmic coincidence: a special shoutout in a federal judicial decision published on the day we lost her. Order on government’s motion to dismiss indictment in U.S. v. Bannon (8/26/26) U.S. v. McIver, Nos. 25-3573 & 26-1122 (3rd Cir. 8/26/26) Supplemental Findings and Conclusions of Law & Amended Order of Permanent Injunction in Extragrams et al v. Paxton,  Order in Doe v. Guadian, N.D.MD (8/26/26) Video for Dolly Parton’s cover of Collective Soul’s “Shine”
• 
  Stephen Miller's America First Legal Has a YouTube Show (and it sucks real bad) 26.08.2026 1t 7min

  VR42 - Today on Vapid Response Wednesday: Lydia, Thomas, and Matt check in on the official podcast of Stephen Miller's America First Legal, and Matt brings the receipts to show just how bad its recurring "Bad Legal Takes" feature truly is. How is an organization with this much dark money behind it so consistently terrible at producing the MAGA version of our very own Vapid Response? Plus in today's amuse douche: toad and toady are reunited when Michael Cohen's former boss stops by his podcast and Cohen finally gets to stop pretending that he ever actually disagreed with Donald Trump. Cases and sources discussed: Website for the America First Legal podcast The Arena Text of Virginia HR333ER (signed into law 3/6/26) Order on Defendant’s motion to dismiss in F.F. v. Valley View School District History and case documents from Pablo Sequen v. Albarran from the ACLU website Thomas & Alito dissent from SCOTUS majority’s denial of motion for leave to file a bill of complaint in Florida v. California and Washington (5/26/26) Check out the OA Linktree for all the places to go and things to do!
• 
  A Mayor Declared a State of Emergency to Save Flock Cameras 24.08.2026 52min

  OA1290 - Jenessa returns with a surveillance grab bag: a New York mayor declares a bizarre "emergency" to keep her city's Flock cameras running after the city council said no, and a state lawsuit arguing license plate readers are flatly unconstitutional, no federal court needed. Plus a federal bill that could make biased AI hiring and healthcare tools very expensive, and the surprisingly deadly reason some camera poles might already be illegal. Cases discussed: Common Council of Troy v. Mantello Umamoto v. Westchester County AI Civil Rights Act Check out the OA Linktree for all the places to go and things to do!
• 
  Trump Messed With the Mouse. Now He Gets the Ears. 21.08.2026 58min

  OA1289 - Is Disney/ABC’s bold new legal action against the Trump administration one of the most important First Amendment challenges  of our lifetimes, or just another Mickey Mouse operation? Matt explains. Also an explainer on the legally questionable end of Temporary Protected Status for El Salvador, a new ICE purchase that will truly shock you, and a footnote on how the lawyer who put himself in a fancy Star Wars-themed Superbowl ad turned to the Dark Side. FCC order to ABC affiliates noting that ABC is under investigation for violations of FCC rules and “discriminatory” hiring (4/28/2026) Complaint in ABC et al v. FCC et al, filed 8/18/2026 User manual for Compliant Technologies’s G.L.O.V.E. The Kentucky Hammer’s 2020 Super Bowl commercial Complaint in White v. Isaacs & Isaacs, filed 6/2/2026 Check out the OA Linktree for all the places to go and things to do!
• 
  Baseball Crank Asks "What Have Refugees Done for Me Lately" 19.08.2026 1t 20min

  VR41 - What does a “moderate conservative” sound like in August 2026? Thomas and Matt take a closer look at two very different self-proclaimed “moderates” representing the best and brightest in MAGA apologism. We begin with some low points from Tim Pool’s recent appearance on the gimmicky “Surrounded” debate series before taking on our main story:  a National Review cover piece by Dan McLaughlin on the “broken” asylum system which demonstrates exactly the kind of finely nuanced understanding of U.S. immigration policy you might expect from the man better known to golden-era Twitter users as The Baseball Crank.