Opening Arguments

Episódios

• 
  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 1h 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 1h 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 1h

  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. Bigazzi 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 1h

  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 1h 7min

  VR42 - Thomas, Matt, and Lydia take a long, hard look at America First Legal's podcast "The Arena," hosted by Gene Hamilton, Stephen Miller's longtime ally. AFL runs a segment called "Bad Legal Takes," complete with the silliest jingle for a fascist outlet anyone has ever heard. Also none of the takes are even takes. And they aren't bad. Nor legal. 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 1h 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.
• 
  Police Sued for Blatant Misuse of Facial Recognition. It's NUTS. 17.08.2026 59min

  OA1288 - What happens when a hotheaded cop who isn’t interested in putting in much effort to solve a crime meets up with another cop who thinks computers are infallible? A man with no criminal record who lives 300 miles from the crime scene and has no conceivable connection to the crime gets arrested. Hear the ACLU lay out the case for strict guardrails on the use of facial identification software, and training officers to… like do their job at all. Bonus: Learn about Jenessa’s doppleganger / who to blame if she ever gets arrested. Compl., Dillon v. City of Jacksonville Beach, No. 2:26-cv-1936-JES-KRH, (M.D. Fla. 07/13/26) Check out the OA Linktree for all the places to go and things to do!
• 
  The Tates Seek Release, Super-Duper Promise They Won't Flee 14.08.2026 52min

  OA1287 - Today on Rapid Response Friday:  Todd “Two Taints” Blanche flexes his new freedom as two Tates blanch at the loss of theirs, and a lawsuit over a cinematic heist starring Nicolas Cage. Applicability of Executive Privilege to Presidential Communications with Private Advisers, Office of Legal Counsel (8/10/2026) Second Superseding Indictment in United States of America v. Southern Poverty Law Center Inc. and Heidi Beirich, Middle District of Alabama (8/11/2026) Secretary Rubio Terminates Green Cards of Foreign Nationals Tied to Infamous Iranian Regime Propagandist, U.S. Department of State (4/11/2026) One Woman’s Message From the Hell of ICE Detention, The Nation (8/11/2026) Andrew and Tristan Tate’s Motion for Release Pending Extradition Proceedings and Opposition to the Government’s Request for Detention In the Matter of the Extradition of Emory Andrew Tate, Southern District of Florida (8/7/2026) Response in Opposition to Andrew Tate’s and Tristan Tate’s Motion for Release Pending Extradition Proceedings In the Matter of the Extradition of Emory Andrew Tate, Southern District of Florida (8/10/2026) Complaint in Op-Fortitude Ltd. and Simon Afram v. Netflix Inc.,  Central District of California (7/29/2026) Check out the OA Linktree for all the places to go and things to do!
• 
  Ross Douthat Leaves NYT for Bari Weiss. Here Were Some of His Worst Columns. 12.08.2026 1h 27min

  VR40 - This Vapid Response Wednesday, we note the end of Ross Douthat’s 17-year run as the resident New York Times conservative columnist with a drive-by review of some of his most willfully clueless work--and a closer look at his recent farewell message in which he provides a fitting capstone to a long career of willfully ignoring everything about how and why the American right went full MAGA. You can WATCH this episode, too! “Europe’s Minaret Moment,” Ross Douthat, New York Times (12/6/2009) “Confessions of a Columnist,” Ross Douthat, New York Times (1/2/2016) “The Necessity of Stephen Miller,” Ross Douthat, New York Times (1/27/2018) “There Will Be No Trump Coup,” Ross Douthat, New York Times (10/10/2020) “Why Do So Many Americans Think the Election Was Stolen?” Ross Douthat, New York Times (12/5/2020) “How Donald Trump Made the Fantasy Real,” Ross Douthat, New York Times (1/9/2021) “Why Nikki Haley Would Be the Most Dangerous President,” Ross Douthat, New York Times (1/20/2024) “What Would Peace on Immigration Look Like?” Ross Douthat, New York Times (1/10/2026) “Who Are the Good Guys and the Bad Guys? I’m No Longer Sure,” Ross Douthat, New York Times (8/8/2026) Check out the OA Linktree for all the places to go and things to do!  
• 
  Melissa Murray Gives the Constitution Some Strict Scrutiny 10.08.2026 59min

  OA1286 - NYU Law professor and Strict Scrutiny co-host Melissa Murray joins to discuss (among many other things) her new book, Sonia Sotomayor’s dance moves, and why actually reading the Constitution matters now more than ever.  Professor Murray’s book The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader is this month’s OA Book Club selection, and we’ll be meeting to discuss it via Zoom on August 30, 2026 at 4:30 PM EST. This is a perk available to patrons at ALL tiers! The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, Melissa Murray (2026) “Of Might and Men,” Leah M. Litman, Melissa Murray, Katherine Shaw, Michigan Law Review, Vol. 122 Issue 6 (2024) “A Podcast of One’s Own,” Leah M. Litman, Melissa Murray, Katherine Shaw, Michigan Journal of Gender & Law, Vol. I, Issue  The Trump Indictments: The Historic Charging Documents With Commentary, Melissa Murray and Andrew Weissman (2024) Check out the OA Linktree for all the places to go and things to do!
• 
  Cornyn and Tillis Negotiate Meaningless Concession from Blanche 07.08.2026 1h 2min

  OA1285 - This week on Rapid Response Friday: regulators, mount up! We take a closer look at the actual documents provided to the Senate Judiciary Committee by Attorney General nominee Todd Blanche which convinced John Cornyn and Thom Tillis to change their votes, how deregulation caused a national cyclospora outbreak (and the legal response to it), and state efforts to stop the “prediction market” racket which the Commodity Futures Trading Commission has been all too happy to ignore. And in today’s footnote: three very different cases which prove why prediction markets shouldn’t be a thing at all. Documents provided to the Senate Judiciary Committee by Attorney General nominee Todd Blanche on August 2, 2026 “Cyclospora is easy for doctors to miss. The US made it even harder to spot,” Dr. Robert B. Shipner, The Guardian (7/16/2026) Complaint in Null v. Taylor Farms, filed 7/21/206 Complaint in New York v. Kalshiex LLC, filed 7/31/2026 Check out the OA Linktree for all the places to go and things to do! Listen ad-free and support the show at patreon.com/law.
• 
  Did Mamdani Wipe Little Italy Off the Map? 05.08.2026 1h 8min

  VR39 - Vapid Response Wednesday returns with a tasteful pairing of stories about alleged anti-Italian discrimination that go together like chianti and red sauce. Today's specials include: Aperitivo: a tasteless morsel from the least deserving recipient in the history of the Mark Twain Prize for American Humor Primo: a chef’s kiss Washington Examiner oped on how NYC mayor Zohran Mamdani “erased” Little Italy Secondo: a spicy molto grosso meatball of a Boston lawsuit over alleged anti-Italian-American discrimination gives a federal court indigestion Dolce: our patrons! Listen ad-free and support the show at patreon.com/law “Mayor Mamdani, Why Did You Erase Little Italy?” Anthony Colombo Jr., Mike Crispi, Gerard Marrone, Washington Examiner (7/10/26)  Second Amended Complaint in North End Chamber of Commerce et al v. City of Boston, filed 3/7/24 Order on Defendant’s Motion to Dismiss in North End Chamber of Commerce et al v. City of Boston(12/20/24) North End Chamber of Commerce et al v. City of Boston, No. 25-1063 (1st Cir., 7/30/26) Check out the OA Linktree for all the places to go and things to do!
• 
  How a Bank Robbery Became a Fourth Amendment Landmark 03.08.2026 54min

  OA1284 - Can a modern court implement modern solutions? It really depends on your perspective. Despite some baffling misconceptions about how… anything works, the Justices seem to be doing a pretty good job of ultimately deciding that yes, police do in fact need a warrant to deeply invade your digital privacy. While Kavanaugh appears to have the entire concept of data storage and search queries upside down and backwards, Gorsuch asks complex questions about metadata versus true content, how data is stored in individual accounts, and what other types of data would be exposed if police were allowed to search your location information without a warrant… and yet they both ultimately vote to protect your privacy. It’s a weird world out there folks. Cases discussed: United States v. Jones Carpenter v. United States Chatrie v. United States Check out the OA Linktree for all the places to go and things to do!
• 
  The Most Brazen and Corrupt Heist in American History (GG Crossover!) 01.08.2026 49min

  Apologies for being a little late on this one!Donald Trump sued the IRS, an agency he currently runs, for leaking his own tax returns, and asked for a cool $10 billion. Thomas, Lydia, and Matt dig through the actual complaint and a judge's increasingly suspicious rulings, all timed suspiciously close to Todd Blanche's confirmation hearing. It is dumber, and more corrupt, than it sounds. Cases discussed: Trump v. IRS Littlejohn leak case Patrons at patreon.com/gavelpod can listen to Part 2 right now!