The Prosecutors

The Prosecutors After Dark: Brett Almost Gets Arrested

Dec 6, 2025
In a night filled with humorous banter, Brett nearly faces arrest after a wild night out involving a stranger's purse. They delve into the intricacies of oral arguments in court, discussing the strategic edge for the government. Alice shares her meticulous hotel checks, contrasting with Brett's carefree attitude. The duo also celebrates a listener's success in landing a Supreme Court clerkship, thanks to their advice. They wrap up by joking about their podcasting journey and teasing future content.
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INSIGHT

Why Many Cases Get Oral Argument

  • Courts sometimes send cases to oral argument to avoid reading long briefs or because a screen judge disclaims panel membership.
  • That practice can result in judges hearing cases they didn't thoroughly vet beforehand.
ADVICE

Use Order To Read The Room

  • When arguing, listen to the other side first to gauge the panel's concerns and tailor your remarks.
  • Brett notes government counsel benefits from going second after hearing opponents' questions.
ADVICE

Sweep And Secure Hotel Rooms

  • Check hotel rooms thoroughly when you arrive: doors, under furniture, and closets.
  • Alice bolts locks and inspects doors because hotel staff mistakes can leave you exposed.
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