

Opening Arguments
Opening Arguments Media LLC
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas!
The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
Episodes
Mentioned books

Feb 8, 2024 • 52min
These Are Death Penalty Cases In Traffic Court
In this podcast, they discuss wrongful conviction in traffic court, the toll of tragic cases, coffee recommendations and the purpose of law, personal aspirations and fighting against a casino, navigating Massachusetts gaming law and the importance of getting paid as an immigration lawyer, and a discussion on political history, drug policy, and immigration.

Feb 8, 2024 • 15min
Thomas Takes the Podcast Back
Podcast host Thomas Smith discusses his return, legal actions against Andrew, and the appointment of a receiver. The podcast is back with guest Matt Cameron and upcoming changes, including reduced Trump coverage and a new schedule. The focus is on fairness and profits going towards repair and accountability.

Jan 26, 2024 • 1min
OA860: Goodbye
Liz says goodbye.

Jan 22, 2024 • 1h
OA859: Looks Like We Won't Have DeSantis To Kick Around Any More
On the day that Ron DeSantis dropped out of the Republican presidential primary and endorsed his personal bully, Donald Trump, Liz and Andrew cover two stories that could impact the 2024 presidential election. First, we tackle the centrist group "No Labels" request that the Civil Rights Division of the Department begin a criminal RICO investigation into... people who don't like the centrist group "No Labels." Neat! Then, we break down all of the pending actual law stuff going on in Trump's civil defamation suit in New York -- since precious little of that is going on in the courtroom itself. What's the rule of completeness? When are defenses waived? Who has a duty to mitigate? And so much more! Notes Habba Letter Brief re: Mitigation https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.272.0.pdf No Labels https://www.nolabels.org/documents/59546/DOJ%20letter%201.11.24.pdf Co-founder of No Labels resigns https://www.wsj.com/articles/no-labels-may-re-elect-donald-trump-third-party-independent-galston-rematch-f2e7697d Semafor article on No Labels https://www.semafor.com/article/12/19/2023/the-plot-against-no-labels -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -And finally, remember that you can email us at openarguments@gmail.com

Jan 19, 2024 • 57min
OA858: Trump Laywers Are Tryin' It In All The Courts
Liz and Andrew dive deeply into Alina Habba and Michael Madaio's efforts to cross-examine E. Jean Carroll and her expert, Dr. Ashlee Humphreys. Plus much, much more! Notes Ameriekalinje v. Sun P. P. Assn, 226 N.Y. 1 (1919) https://casetext.com/case/norske-ameriekalinje-v-sun-p-p-assn Justice Manual 9-5.000 https://www.justice.gov/jm/jm-9-5000-issues-related-trials-and-other-court-proceedings -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -And finally, remember that you can email us at openarguments@gmail.com

Jan 17, 2024 • 1h 9min
OA857: Can Elon Musk Blow Up Your Right To Join A Union?
Elon Musk, CEO of SpaceX, discusses collective bargaining and the future of unions. The podcast also covers the ongoing trial involving E. Jean Carroll and Trump, Musk's influence on Twitter, workplace safety violations at Tesla, the valuation of SpaceX, and the National Labor Relations Act.

Jan 15, 2024 • 52min
OA856: Trump Tries To Delay Carroll Trial (But Not Campaign Rally!) For Funeral
Today, Liz and Andrew document Donald Trump's latest (failed) shenanigans in the E. Jean Carroll defamation trial set to begin in New York on Tuesday. Then, they break down in depth the motion to disappear the Fulton County, GA indictment on the grounds of DA Fani Willis's alleged relationship with special prosecutor Nathan Wade. NotesTrump DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump E. Jean Carroll v. Trump (Carroll I) docket https://www.courtlistener.com/docket/18418220/carroll-v-trump/ Roman Motion to Dismiss GA https://s3.documentcloud.org/documents/24352568/roman-motion-to-dimiss-010824.pdf Whitworth v. State, 622 S.E.2d 21 (Ga. App. 2005) https://scholar.google.com/scholar_case?case=3050238223814330373 Paragraph -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -And finally, remember that you can email us at openarguments@gmail.com

Jan 12, 2024 • 42min
OA855: Trump Fraud Trial Ends, Not With A Bang But With a Tantrum
Liz and Andrew describe the truly audacious plan cooked up by Trump and his counsel to disrupt his fraud trial's closing arguments. Then, the two break down a recent TRO entered prohibiting Ohio's social media ("anti-TikTok") law from going into effect. Notes Pew Media Poll https://www.pewresearch.org/short-reads/2023/10/31/81-of-us-adults-versus-46-of-teens-favor-parental-consent-for-minors-to-use-social-media/ NetChoice, LLC v. Yost, 1/5 Complaint https://storage.courtlistener.com/recap/gov.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.1.0.pdf NetChoice, LLC v. Yost, 1/9 Order https://storage.courtlistener.com/recap/gov.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.27.0_1.pdf Ohio Rev. Code 1349.09 https://codes.ohio.gov/ohio-revised-code/section-1349.09 OA 767 https://openargs.com/oa767-porn-wont-someone-please-think-of-the-children-feat-ari-cohn/

Jan 10, 2024 • 1h 3min
OA854: Trump Lawyers Discover ONE WEIRD TRICK To Get Away With Murder! (Be President.)
The podcast delves into the arguments made in the case regarding presidential immunity from criminal prosecution and the potential consequences. They discuss Trump's flawed arguments and explore the boundaries of presidential immunity, distinguishing between official and private acts. They also speculate on the Supreme Court's decision and the possibility of a delayed trial.

Jan 8, 2024 • 1h 3min
OA853: The NRA Is On Trial & The Mouse Is Loose!
In this Trump-free episode, Andrew and Liz break down the civil trial of the National Rifle Association beginning TODAY in New York. No, the NRA isn't going to be dissolved, but yes, they could be hit with a ton of restrictions & some bad actors could be forced to fork over a ton of money, so you'll want to follow this story. Then, the duo tackle the passage of Steamboat Willie into the public domain. What is the public domain? What does it all mean? Listen and find out! Notes DC Circuit livestream Trump Appeal Tuesday Jan 9, 9:30amET https://www.youtube.com/watch?v=PEQ1aToavl8 Babbitt Estate v. US — Docket via Court Listener https://www.courtlistener.com/docket/68139457/estate-of-ashli-babbitt-v-babbitt/ US v. Texas — Docket via Court Listener https://www.courtlistener.com/docket/68134300/united-states-v-texas/ NY Case Search https://iapps.courts.state.ny.us/nyscef/CaseSearch Appellate Docket No: 2023-06396 Trial Docket No: 451625/2020 US Copyright Office Circular 33 https://www.copyright.gov/circs/circ33.pdf Klinger v. Conan Doyle Estate (7th Cir. 2014) https://freesherlock.files.wordpress.com/2013/02/klinger-7th-circuit-opinion-c.pdf Secrecy, Self-Dealing, and Greed at the N.R.A. https://www.newyorker.com/news/news-desk/secrecy-self-dealing-and-greed-at-the-nra NRA Awarded Contracts to Firms With Ties to Top Officials https://www.wsj.com/articles/nra-awarded-contracts-to-firms-with-ties-to-top-officials-1543590697 Paragraph -Support us on Patreon: https://www.patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -And finally, remember that you can email us at openarguments@gmail.com


