 As we wind down 2023, Liz and Andrew bring you an entirely Trump-free, New Year's Eve-themed show!     First, the two discuss legal weed, President Biden's pardon, and what the future holds for those who like to smoke.     Then, Liz and Andrew discuss the legal minutiae of the Ninth Circuit's reversal of the conviction of Rep. Fortenberry (pictured). Ever wanted to know the difference between venue and vicinage? You will now! Thank you for listening to us in 2023!     Notes Sessions January 4, 2018 memo re marijuana prosecutions  https://www.justice.gov/opa/pr/justice-department-issues-memo-marijuana-enforcement     Biden October 6, 2022 statement on marijuana   https://www.whitehouse.gov/briefing-room/statements-releases/2022/10/06/statement-from-president-biden-on-marijuana-reform/     21 U.S.C. § 844  https://www.law.cornell.edu/uscode/text/21/844     Fortenberry Ruling  https://www.courtlistener.com/docket/60659391/united-states-v-fortenberry/  -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  

OA849: The Law Of New Year's!

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!

News

Politics

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 criminal is "criminal contempt" in New York, and what does this mean for the rest of the trial? Also, Matt takes us on a fascinating mini-dive on the National Enquirer. It has a very interesting history you might not be familiar with. Then start getting into the trial fireworks. Much more to come! Probably at least 3 parts. 1) People v. Trump Transcripts 2)  Justice Merchan's contempt order 3)  AMI non-prosecution agreement If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Judge Merchan: I Have Nothing BUT Contempt for This Trump

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 and try to cut through the bad faith, irrelevance, and misdirection to understand what is actually happening here and where it all might be going.   DC Trump indictment (8/1/23)   Government’s brief in Trump v. U.S   Trump’s brief in Trump v. U.S.   CSPAN’S complete bookmarked SCOTUS oral arguments in Trump v. U.S. (4/25/24)   If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Just How Bad Were the Oral Arguments Re: Presidential Immunity?

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 what can we expect from the defense?  We also answer a few patron questions about the trial, after which subscribers will enjoy a dramatic rendition of the best bit of this week’s gag order violation hearing: Trump attorney Todd Blanche’s struggle to convince the court that his client’s retweets are not, as a matter of law, endorsements.  PATRON EXTRA! Beginning now, Patreon subscribers will enjoy longer episodes with special bonus content as part of our special coverage of People v. Trump: Thomas and Matt’s readings from our  favorite parts of the daily trial transcripts. Subscribe at www.patreon.law/law for the good stuff!   Indictment and Statement of Facts, People v. Trump (4/4/2023)   New York jury instructions for Falsifying Business Records in the First Degree (NY Penal Law 175.10)   Justice Merchan’s ruling on Trump’s Motion to Dismiss (2/15/24)   Daily trial transcripts in People v. Trump   If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

Your Guide to The People v. Trump

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 will be allowed to bring up during cross-examination. We also indulge in some dramatic readings of each party's opening statements, and discuss what we can learn from them about the Manhattan DA's case and Trump's defense to 34 felony counts of falsifying business records. Much more to come! We then check back on last week's round of Thomas Takes the Bar Exam to see how Thomas did on questions about a thieving magician and a lying philanthropist before turning to this week's challenge: an arsonist who doesn't understand how fire works. 1. People's Sandoval Notice filed 4/17/24 2. Transcript of proceedings in People v. Trump on 4/23/24 If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

The Trump Trial Is On, and Lordy There Are Transcripts!

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 police officer injured during a BLM protest in Baton Rouge. 2) Biden's border. The impeachment of DHS Secretary Alejandro Mayorkas ended last week in the Senate before it ever began, but the lies, misinformation, and terrible reporting which fueled it are only getting worse. Matt breaks down what people who complain about Joe Biden's "open-border policies" are actually saying before getting into the facts. How do Trump's enforcement metrics compare to Biden's? How has a commitment to actually abiding by basic due process and our international and domestic obligations to people seeking protection for persecution been spun into "lawlessness at the border"? And what even are Biden's border policies anyway? 1) Justice Sonia Sotomayor's order denying certiorari in McKesson Doe (4/15/24) 2) Articles of impeachment passed by the House against DHS Secretary Alejandro Mayorkas (Dismissed by the Senate on 4/16/2024) 3) Data Show Trump Would Have Released as Many Border Crossers as Biden, David Bier, Cato Institute (1/5/2024) 4) The Biden Administration’s Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: An Overview, American Immigration Council (10/21/2023) 5) 126 Parole Orders over 7 Decades: A Historical Review of Immigration Parole Orders, David Bier, Cato Institute (7/17/2023) If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

OA849: The Law Of New Year's!

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