Opening Arguments

Today’s episode welcomes back one of our favorite guests — and the show’s only five-time guest, Andrew Seidel, attorney with the Freedom From Religion Foundation. Together, Andrew, Andrew, and Thomas tackle a bunch of church and state separation issues.  First, they break down Andrew Seidel’s recent success in convincing the New Jersey Supreme Court to strike down a grant program that spent taxpayer dollars rebuilding churches and saved the citizens of New Jersey more than a quarter of a billion dollars! Then, the gang does a deep dive into a pending law in Kansas that would permit adoption agencies within the state to discriminate on the basis of sexual orientation (or anything else that offended the organization's... wait for it... sincerely-held religious beliefs). Finally, we end with the answer to Thomas (and Andrew!) Take The Bar Exam question #74 about the admissibility of evidence.  Don’t forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Andrew was the recent guest masochist on Episode 141 of the God Awful Movies podcast, reviewing "Cries of the Unborn."  Check it out! Show Notes & Links Click here to read the Morris County Opinion discussed during the "A" segment. And if you want to see the legislative notes from the Kansas adoption bill, you should click here. We broke down the Masterpiece Cakeshop case in Episode 105, and you can follow along with the guys by reading the transcript of the Masterpiece Cakeshop oral argument before the Supreme Court! If you love Andrew Seidel, you might want to go back to his  FOUR previous appearances on the show, Episode 82 (on Trinity Lutheran), Episode 85 (which was originally a Patreon-only exclusive),Episode 111, and most recently, Episode 131. Finally, please consider supporting the Freedom From Religion Foundation. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com

Well, it's another Rapid Response Friday, and we're here with everything you need to know about Yodel Mountain, including: Breaking news regarding the wiretap of Michael Cohen's office several weeks before the search warrant issued and that the SDNY has at least one conversation between Cohen and Trump Rudy Giuliani's rather bizarre appearance on Hannity, during which he admitted that President Trump is DD and paid Michael Cohen back for the $130,000 in hush money paid to Stormy Daniels -- directly contradicting the President's own earlier statement Whether the repayment scheme alleged by Giuliani (a) makes sense and/or (b) constitutes money laundering The "leaked questions" regarding Mueller's efforts to interview Trump Trump's decision to replace Ty Cobb with Emmett Flood The House Freedom Caucus's efforts to impeach Deputy Attorney General Rod Rosenstein; and, of course Stormy Daniels's latest defamation lawsuit against President Trump Our tip to journalists -- the  question you want to ask is "What 'information' does Stormy Daniels have under Paragraph 2.1 of the Agreement?" Finally, we end with an all new Thomas (and next week's guest Andrew Seidel) Take The Bar Exam #74 that's not about real property, but is instead about the rules of evidence and whether a particular line of questioning is permissible.  If you'd like to play along, just retweet our episode on Twitter or share it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew was just a guest on Episode 141 of the God Awful Movies podcast, reviewing "Cries of the Unborn."  Check it out! Show Notes & Links We first discussed how unhinged Rudy Giuliani is way back in Episode 13, "Hillary Clinton's Damned Emails" -- which is one of our all-time favorites. This is the not-to-be-missed Laura Ingraham reaction video to Giuliani's Hannity appearance, which led to this set of tweets from the President. The money-laundering statute is 18 U.S.C. § 1956. This is the New York Times article we mentioned that breaks down the political implications of the switch from Cobb to Flood, and here is the list of questions Mueller wants to ask Trump. Finally, this is the Stormy Daniels defamation complaint. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com

Today's episode discusses the recent fines levied against Wells Fargo in connection with two specific acts of egregious fraud against consumers.  Is it enough?  Is it proof that Trump (and Mick Mulvaney) intend rigorous defense of consumers at the CFPB?  Listen and find out! First, we delve into a grab bag of items, beginning with a heartfelt apology and Andrew Was Wrong regarding trans language.  Next, we deal with a couple of wacky legal cases, before settling in on a bevy of new gun control laws passed in Maryland.  Phew! Then, we move into a discussion of Trump v. Hawaii, which was argued before the Supreme Court last week.  What's the latest on the Travel Ban? After that, our "C" segment breaks down everything Wells Fargo. Finally, we end with the answer to Thomas Takes the Bar Exam Question #73 about lessees, assignees, and joint and several liability.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances As this show comes out, Andrew was the guest masochist on Episode 141 of God Awful Movies; check it out! And if you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links From our grab bag:  here is a link to the Kobach memo that's PROBABLY NOT WORTH ARGUING; this is the New York Post report on the hilarious Make America Great Again bar lawsuit; and this is the link to all the gun control bills passed in Maryland. We first discussed outgoing Federal Reserve Chair Janet Yellen's cease-and-desist order against Wells Fargo back in Episode 146.  The current enforcement action by the OCC can be read here. We first discussed Trump's (then only proposed) Muslim ban way back in Episode #16, when the conventional wisdom was that it was so unthinkably awful it might lead the Republican Party to replace him at the top of the ticket.  Ah, good times. Since then, we've discussed the legality of the ban again (in Episode 39), the 9th Circuit's ruling on EO-1 (in Episode 43), and, most recently, the status of OA-2 in Episode 114.  In this episode, we cite to the Government's reply brief before the Supreme Court. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com

In the main segment, we discuss the intersection between the Paul Manafort criminal trial and the public's right to know about the Mueller investigation.  Oh, and ... isn't there a bill pending to protect Mueller?  We break down that, too. But we're not done!  After that we delve into all things Michael Cohen, including his efforts to stay the California civil suit and his less-than-likely efforts to stay out of criminal trouble in New York.  If you love Stormy Daniels -- and who doesn't? -- you won't want to miss it. Finally, we end with an all new Thomas Takes The Bar Exam #73 about landlord-tenant-friend relationships.  If you'd like to play along, just retweet our episode on Twitter or share it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links From our grab bag:  here is a link to the Kobach memo that's PROBABLY NOT WORTH ARGUING; this is the New York Post report on the hilarious Make America Great Again bar lawsuit; and this is the link to all the gun control bills passed in Maryland. Click here if you want to read the Comey memos. We first discussed the Manafort trial back in Episode 118; this is the Government's Memorandum in Opposition to Manafort's Motion to Suppress, and here is the press motion to unseal portions of the Mueller investigation.  Oh, and this is Morrison v. Olson, 487 U.S. 654 (1988), discussed during the show. Here's the link to the Washington Post article reporting that Trump has conceded that Michael Cohen "represents me with this crazy Stormy Daniels deal."  In this segment, we discuss Kastigar v. U.S., 406 U.S. 441 (1972). Finally, you can click here to read the government's status report filed in Cohen's New York investigation. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com  

Today's episode tackles the recent (and shocking) Supreme Court decision in which Neil Gorsuch voted with the Court's liberal justices to produce a very unusual 5-4 alignment.  Is this a sign that Gorsuch isn't the right-wing hack we all thought he was?  Listen and find out!  (Hint:  No.) After that, we break down the 6th Circuit's recent opinion in EEOC v. R.G & G.R. Harris Funeral Homes, Inc., the first decision of its kind recognizing that discrimination on the basis of an individual who is transgender or transitioning violates Title VII of the Civil Rights Act of 1964. After that, we answer a listener question about selecting a contingent fee attorney and discuss some of the actual pitfalls as well as misconceptions about those lawyers who take "no money down!" Finally, we end with the answer to Thomas Takes the Bar Exam Question #72 about real property and the transfer of a deed.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links We first warned you about Neil Gorusch way back in Episode 40, and we're definitely not backing down now.  If you want to check out his concurrence, you can click here to read the Supreme Court's decision in Sessions v. Dimaya.  And, as we discussed on the show, the should-have-been-straightforward holding of this case stems directly from the Court's prior opinion in Johnson v. United States. You can read the 6th Circuit's recent opinion in EEOC v. R.G & G.R. Harris Funeral Homes, Inc., and for more coverage of Title VII, check out our discussion of Hively v. Ivy Tech from Episode 60, as well as our most recent update in Episode 152. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com

In this rapid-response episode, Thomas and Andrew take a look at the attorney-client privilege issues relating to the FBI's search of the offices of Michael Cohen, alleged lawyer to Donald Trump and... Sean Hannity?!? First, we begin with a finishing move from one of our pro wrestler listeners, updating our story that we first covered in Episode 163.  (Is it the Million Dollar Dream?  Listen and find out!) In the main segment, we break down all that happened (and all that's yet to come!) in the ongoing legal case against Michael Cohen we first discussed in Episode 164.  How strong is Cohen's argument that he's entitled to protect the privilege of his legal clients? After that, we take a  look at three lawsuits against Alex Jones and InfoWars and start the discussion about what to do about blatantly false, politically-motivated conspiracy theories.  Are defamation lawsuits the answer? Finally, we end with an all-new TTTBE #72 about real property law.  If you've ever thought about playing along, just retweet our episode on Twitter or share it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links We first discussed the search of Cohen's offices in Episode 164.  You can read Michael Cohen's Motion for TRO, which was denied on Monday April 15, as well as his revised request for a special master, which remains pending. This is the Gilmore Complaint filed and Alex Jones, and here is a New York Times story on the other two defamation complaints filed by parents of victims of the Sandy Hook shooting. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com

Note:  The "C" segment of this episode (and the show notes) contain hilarious explicit language in order to discuss a recent development in trademark law.  You've been warned! In the preshow, we tamp down on some unwarranted liberal freakout regarding a recent White House Executive Order regarding the last few fraying strands of our social safety net. After that, we revisit three cases we told you we'd be keeping an eye on.  First, we look at the aftermath of Jane Doe v. Wright, which we first discussed in Episodes 117 and 133.  Back then, we told you about the fate of a single young woman in state custody who was denied her right to an abortion; today, we tell you about the nationwide class action that was just certified in Garza v. Hargan. Next, we revisit Kolbe v. Hogan, which we called a "landmark" case way back in Episode 47.  Find out how a federal district court judge in Massachusetts just applied Kolbe in upholding the Massachusetts ban on assault weapons and large capacity magazines. For our third revisit, we take a look at another trademark case in light of the Slants case (Matal v. Tam) that we first discussed with Simon Tam way back in Episode 33 and reported on Tam's victory before the Supreme Court in Episode 80.  The Slants's victory paved the way for disparaging and offensive trademarks, but what about garden-variety "immoral or scandalous" ones, like FUCT clothing or "Big Dick Nick" towels?  Listen and find out! Finally, we end with the answer to the fiendishly hard Thomas Takes the Bar Exam Question #71 about whether a state can discriminate against out-of-state competitors.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links This is Alphr's list of the "15 Best Podcasts of 2018" -- and wow, we're in some good company! You can click here to read the White House Executive Order on "Reducing Poverty in America;" we quoted from Section 5 at the end. We first discussed Jane Doe v. Wright in Episodes 117 and 133. We first told you about Kolbe v. Hogan in Episode 47; now, you can read the Massachusetts decision in Worman v. Healey.  Also, if you like briefs, you can read the petition for certiorari, the State of Maryland's opposition, and the petitioners' reply. We told you about the Slants's case back in our Episode 33 interview with Simon Tam and reported on Tam's Supreme Court win in Episode 80; today, we discuss In re Brunetti, which applies the Matal v. Tam holding to the rest of 15 U.S.C. § 1052(a). Finally, the link you've been waiting for: the Deadspin article about "Big Dick Nick." Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com

In this rapid-response episode, Thomas and Andrew take a look at the FBI's search of the offices of Michael Cohen, Donald Trump's personal lawyer and alleged "fixer." First, we begin with a discussion of a curious legal move by the Miami Marlins, alleging that they are, in fact, a ... citizen of the British Virgin Islands?? In the main segment, we find out that Andrew Was Right when he declared Stormy Daniels "A Legal Genius."  How right?  Listen and find out! Next, we take a return trip to Yodel Mountain, where we discuss Paul Ryan's impending retirement, Wendy Vitter's comically bad confirmation hearing, and more! Finally, we end with an all-new TTTBE #71 about constitutional law that is the toughest question we've asked to date.  If you've ever thought about playing along, now's the time; just retweet our episode on Twitter or share it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links This is Alphr's list of the "15 Best Podcasts of 2018" -- and wow, we're in some good company! If you love procedural questions (and you hate Derek Jeter), you'll want to read the Marlins Notice of Removal as well as Miami's Opposition.  Oh, and this is the relevant legal provision, 9 U.S.C. § 202. This is the U.S. Attorneys' Manual; § 9-13.420 governs searching law firm offices. Here's the report on Paul Ryan's fundraising from Politico, announced two days before he decided to retire. Finally, here's a link to the video of Wendy Vitter refusing to answer whether she supports Brown v. Board of Education. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com

Today's episode runs wild with an in-depth look a the CLOUD Act slipped in to the latest omnibus spending bill. First, however, we break down the recent viral video from Deadspin showing dozens of Sinclair-owned TV stations reading pro-Trump talking points on the air.  How did this happen?  What leverage does Sinclair have over your local newscaster?  Listen and find out. During the main segment, the guys break down the CLOUD Act and what it means for international data privacy. After that, we answer a listener question about the WWE and independent contractors. Finally, we end with the answer to Thomas Takes the Bar Exam Question #70 about contracts.  Don't forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links Click here to watch the viral video from Deadspin; you can see excerpted bits from the Sinclair contract sent out via Twitter here and here. This is the text of the CLOUD Act, and you can click here to read the EFF's warnings about it. Finally, for guidance about independent contractors vs. employees, you can check out the Department of Labor's Fact Sheet 13 as well as the guidelines promulgated by the IRS. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com

In this rapid-response episode, Thomas and Andrew take a look at the Trump administration's recently-announced tariffs on China, China's response, and the future of free trade. In the pre-show segment, it's time for a lengthy Andrew Was Wrong segment.  From .22s to time zones, Andrew cops to the things he got wrong last week, ending with a discussion of the emoluments lawsuit discussed in Episode 160. In the main segment, Andrew discusses the Trade Act of 1974 and whether it allows Trump to wage a trade war with China. After that, it's time for our weekly trip to Yodel Mountain, this time with a breakdown of the Alex van der Zwaan sentencing as well as Paul Manfort's motion to dismiss and the government's response. Finally, we end with an all-new TTTBE #70 about breach of contract.  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances None!  If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links Andrew was wrong links:  15 U.S.C. § 260a (time zones), Florida HB 1013, and, if you want to re-listen to our discussion of the emoluments lawsuit, check out Episode 160. In the main segment, the guys discuss the Trade Act of 1974.  This is the CNN list of the 106 products on which China is raising tariffs, and this is a link to the New York Times article suggesting that the Trump administration is considering re-joining the TPP.  This is the Alex van der Zwaan sentencing memorandum; he pled guilty to 18 U.S.C. § 1001.   If you'd like to plot that out on the Sentencing Guidelines table, you can do so by clicking here. You can click here to read the Christopher Miller story suggesting that "Person A" is Konstantin Kilimnik; that was just validated by this report from Business Insider. Finally, you can click here to read the DOJ's response to Manafort's motion to dismiss.  For reference, This is Rod Rosenstein’s Order appointing Mueller, No. 3915-2017, and this is 28 U.S.C. § 515, which plainly authorizes it.  We discussed this in full detail back in Episode 136. Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! And email us at openarguments@gmail.com