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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!
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Liz Warren's CFPB Saved By... Originalism?
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OA1033 We begin with a quick check-in on Trump’s trial in New York, from the recent appellate ruling on his gag order Todd Blanche's bizarrely personal start to his cross-examination of the most important witness in one of the most important criminal trials in US history. Matt then explains why it might be a felony to run for governor in Washington…
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Steve Vladeck's Taxonomy of Court Reform
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OA1032 We're very pleased to welcome Steve Vladeck on the show to talk about what's going on with the Supreme Court these days, and how shadowy their docket has been recently. We then dig into (and debate a touch) a recent piece he wrote regarding a different way to conceptualize about court reform, and what he personally sees as viable and appropr…
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Cannabis Rescheduling; Judge Cannon Stops Trump Trial
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OA1031 First up, BIG ANNOUNCEMENTS!!! The Trump Trial Transcript readings will now only be available on patreon.com/gavelpod! Details inside. Then: the Biden administration is moving forward with rescheduling marijuana to a lower federal classification--and Matt is not happy about it? Find out why this long-overdue acknowledgment of the over-crimin…
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Trump's Attorney Fails To Impeach Witness So Badly He's Forced To Apologize
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OA1030: Trump Trial, Week 2, Part 2! This episode centers around David Pecker's testimony and it's basically rock solid. Trump's attorneys are desperate, so Mr. Bove goes for the juggler! And then everyone has to explain it's actually "jugular" why in the world would you go for the "juggler?" Why would that be the idiom? In what world are jugglers …
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Judge Merchan: I Have Nothing BUT Contempt for This Trump
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OA1029: Trump Trial, Week 2, Part 1! Lordy, there are tapes! Our special coverage of People v. Trump continues, now with readings from Juilliard-trained, Tony-winning actors Thomas and Lydia Smith! (none of that is true except possibly our names.) Donald Trump is now the first U.S. President ever to be held in contempt of court. Exactly how crimina…
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Just How Bad Were the Oral Arguments Re: Presidential Immunity?
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Episode 1028 Can a former President of the United States be prosecuted for trying to overturn a democratic election? The Supreme Court just spent two hours and forty minutes (!) hearing a case in which they were supposed to be reviewing this simple question and Donald Trump’s claims of total immunity. We review the last oral argument of this term a…
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As the first week of the first criminal trial of a former President in U.S. history wraps up, we prepare for our special coverage of People v. Trump by stepping back to remember how we got here. Why is Donald Trump being prosecuted for paying off Stormy Daniels, anyway? Who are all of these people? How good is the prosecution’s case, really? And wh…
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The Trump Trial Is On, and Lordy There Are Transcripts!
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Episode 1026 The transcript is in! The first official written record from the first trial of a former President in U.S. history was just released hours before recording, and we dig in for a first look from the first full day of proceedings (Monday April 23rd) to find out which of the 45th president's many misdeeds the court ruled that prosecutors w…
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Did The Supreme Court Just Make Protest Illegal In 3 States?
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Episode 1025 Today we take on two law stories the media have been getting wrong recently. 1) Did the Supreme Court just "end the right to protest in three states"? We go beyond the headlines to better understand Justice Sonia Sotomayor's denial of certiorari in a negligence suit brought against Black Lives Matter organizer Deray McKesson by a polic…
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Trump's Criminal Trial Is Moving Right Along!
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Episode 1024 We have a jury! The preliminaries are nearly complete in the first criminal trial of a former president in US history, and we take this opportunity to review what we know so far about the Manhattan DA's prosecution of Donald Trump for funneling hush money to Stormy Daniels three weeks before the 2016 election. How did they pick a jury …
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T3BE Week 10! Disappearing Wallets and Fake Philanthropy
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Last week's answers, this week's questions! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
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11 Years Ago Today, A Brutal Act of Terror
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April 15th marks two significant events in US history: the 11th anniversary of Tamerlan and Dzhokar Tsarnaev's bombing of the Boston Marathon, and the first day of jury selection in the first criminal trial of a former US President. These two very different situations both share one important legal question: how do you select a jury from a city ful…
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Arizona Republican Party Like It's 1864
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Episode 1022 Courts in Arizona and Florida have both ended abortion rights in very different (but both terrible) ways this month. Did Arizona actually resurrect a 160-year law passed decades before it was even a state? And how weird can it get when you go full originalist on a law that is younger than most people in Florida? Before we get there, Ma…
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T3BE Week 9! Prescription Negligence and Breach of Contract
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As usual, we've got last week's answers and this week's questions! Some fun and tricky ones... If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
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RERELEASE: Immigrant Workers Died Repairing Bridge Named After Slaveholder
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Hey folks, due to an annoying technical glitch, I'm just re-releasing this episode. This was some weird backend problem with our hosting. The file looks completely fine everywhere that I can see, but internet goblins decide otherwise, I guess. Sorry for the trouble and I'll make sure this won't happen again! OA10121 On March 26, 2024 a container sh…
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Immigrant Workers Died Repairing Bridge Named After Slaveholder
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OA10121 On March 26, 2024 a container ship the size of the Eiffel Tower named for the world's most famous surrealist destroyed a bridge named after the author of the U.S. national anthem yards from one of the most notable sites of our country's least popular war. Who was Francis Scott Key anyway, and why has the man who gave the world the phrase "l…
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Episode 1020! It's time for a round of Trump updates, starting in Florida with the responses to Judge Aileen Cannon's weird request that the parties try making up new law that she could try out on a jury if this case ever finally makes it to one. Is Jack Smith's response to this nonsense everything we'd wanted? And what happens when you actually tr…
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