Opening Arguments

OA1293 - In this extra-special Rapid Response Friday, Thomas visits Boston to record live in Matt’s office and talk out two very different legal stories in the news that the media aren’t quite getting right this week. THE TRIAL OF LINDSAY CLANCY: Why were the defense and the prosecution both talking past each other in their closing arguments, and what is everyone missing about why Massachusetts law makes it nearly impossible for Clancy to present the defense that most people seem to believe that she is putting on? THE DEPORTATION OF MILO YIANNOPOLOUS: How did a white British man who was one of Trump’s most obnoxious supporters in 2016 end up in deportation proceedings--let alone detained by ICEand swiftly deported? Did Milo Yiannopolous really buy a ticket to fly into the major airport closest to one of the country’s largest ICE detention centers without knowing that he would almost certainly be detained and sent back to the UK ASAP? Matt shares what he has pieced together beyond the headlines, with mor

Hey folks, no VR this week because Lydia and I are traveling. (We're in Boston, going to record RRF live together with Matt!) But folks NEED to hear this episode of Gavel Gavel we did. It's so absurd. Gavel Gavel Episode 83: Thomas, Lydia, and Matt dig into a newly released federal indictment out of Minneapolis, where ICE's undercover operation, officially named Operation Puppet Master, has charged roughly 15 protesters under the same statute as the sandwich guy. The conspiracy map names a boxing club, a bike club, and some of the largest unions in America. The overt acts include renting a U-Haul, exchanging Signal messages, and being introduced to someone named Sam. Part 2 gets into the HSI undercover memos and the defense's discovery motion. You can get it right now at patreon.com/gavelpod. Cases discussed: United States v. Sant et al. (D. Minn.) United States v. Bigazzi et al. (Broadview indictment) Patrons at patreon.com/gavelpod get episodes early and ad-free!

OA1292 - Jenessa takes us through the Supreme Court's 6-3 shadow docket ruling in Trump v. California, which lifted a preliminary injunction blocking Trump's executive order directing the U.S. Postal Service to gatekeep mail-in ballot delivery before the midterms. Is this a procedural technicality or a five-alarm fire for November? And what does it mean that the Postal Service published its final rule on a Friday night, in apparent violation of an injunction, right before the Court's Monday ruling? Jenessa walks through the chaotic docket, Judge Talwani's genius pivot, and why Justice Jackson's 20-page solo dissent might be the most important thing you read this election season. Cases discussed: Trump v. California (Supreme Court shadow docket, 8/25/2026) League of Women Voters of Massachusetts v. Trump, D. Mass. DSCC v. Trump, D.D.C. State of California v. United States Postal Service Check out the OA Linktree for all the places to go and things to do!

OA1291 - This week on Rapid Response Friday: the single biggest consumer protection settlement ever reached with any U.S. company puts new guardrails on younger social media users, a federal judge refuses to let Steve Bannon off the hook just because DOJ asked him to, an under-the-radar example of ICE’s determination to get around federal court orders, and Trump’s new war on how law schools are accredited. Finally in today’s footnote, we honor absolute legend Dolly Parton with a cosmic coincidence: a special shoutout in a federal judicial decision published on the day we lost her. Order on government’s motion to dismiss indictment in U.S. v. Bannon (8/26/26) U.S. v. McIver, Nos. 25-3573 & 26-1122 (3rd Cir. 8/26/26) Supplemental Findings and Conclusions of Law & Amended Order of Permanent Injunction in Extragrams et al v. Paxton,  Order in Doe v. Guadian, N.D.MD (8/26/26) Video for Dolly Parton’s cover of Collective Soul’s “Shine”

VR42 - Thomas, Matt, and Lydia take a long, hard look at America First Legal's podcast "The Arena," hosted by Gene Hamilton, Stephen Miller's longtime ally. AFL runs a segment called "Bad Legal Takes," complete with the silliest jingle for a fascist outlet anyone has ever heard. Also none of the takes are even takes. And they aren't bad. Nor legal. Check out the OA Linktree for all the places to go and things to do!

OA1290 - Jenessa returns with a surveillance grab bag: a New York mayor declares a bizarre "emergency" to keep her city's Flock cameras running after the city council said no, and a state lawsuit arguing license plate readers are flatly unconstitutional, no federal court needed. Plus a federal bill that could make biased AI hiring and healthcare tools very expensive, and the surprisingly deadly reason some camera poles might already be illegal. Cases discussed: Common Council of Troy v. Mantello Umamoto v. Westchester County AI Civil Rights Act Check out the OA Linktree for all the places to go and things to do!

OA1289 - Is Disney/ABC’s bold new legal action against the Trump administration one of the most important First Amendment challenges  of our lifetimes, or just another Mickey Mouse operation? Matt explains. Also an explainer on the legally questionable end of Temporary Protected Status for El Salvador, a new ICE purchase that will truly shock you, and a footnote on how the lawyer who put himself in a fancy Star Wars-themed Superbowl ad turned to the Dark Side. FCC order to ABC affiliates noting that ABC is under investigation for violations of FCC rules and “discriminatory” hiring (4/28/2026) Complaint in ABC et al v. FCC et al, filed 8/18/2026 User manual for Compliant Technologies’s G.L.O.V.E. The Kentucky Hammer’s 2020 Super Bowl commercial Complaint in White v. Isaacs & Isaacs, filed 6/2/2026 Check out the OA Linktree for all the places to go and things to do!

VR41 - What does a “moderate conservative” sound like in August 2026? Thomas and Matt take a closer look at two very different self-proclaimed “moderates” representing the best and brightest in MAGA apologism. We begin with some low points from Tim Pool’s recent appearance on the gimmicky “Surrounded” debate series before taking on our main story:  a National Review cover piece by Dan McLaughlin on the “broken” asylum system which demonstrates exactly the kind of finely nuanced understanding of U.S. immigration policy you might expect from the man better known to golden-era Twitter users as The Baseball Crank.

OA1288 - What happens when a hotheaded cop who isn’t interested in putting in much effort to solve a crime meets up with another cop who thinks computers are infallible? A man with no criminal record who lives 300 miles from the crime scene and has no conceivable connection to the crime gets arrested. Hear the ACLU lay out the case for strict guardrails on the use of facial identification software, and training officers to… like do their job at all. Bonus: Learn about Jenessa’s doppleganger / who to blame if she ever gets arrested. Compl., Dillon v. City of Jacksonville Beach, No. 2:26-cv-1936-JES-KRH, (M.D. Fla. 07/13/26) Check out the OA Linktree for all the places to go and things to do!

OA1287 - Today on Rapid Response Friday:  Todd “Two Taints” Blanche flexes his new freedom as two Tates blanch at the loss of theirs, and a lawsuit over a cinematic heist starring Nicolas Cage. Applicability of Executive Privilege to Presidential Communications with Private Advisers, Office of Legal Counsel (8/10/2026) Second Superseding Indictment in United States of America v. Southern Poverty Law Center Inc. and Heidi Beirich, Middle District of Alabama (8/11/2026) Secretary Rubio Terminates Green Cards of Foreign Nationals Tied to Infamous Iranian Regime Propagandist, U.S. Department of State (4/11/2026) One Woman’s Message From the Hell of ICE Detention, The Nation (8/11/2026) Andrew and Tristan Tate’s Motion for Release Pending Extradition Proceedings and Opposition to the Government’s Request for Detention In the Matter of the Extradition of Emory Andrew Tate, Southern District of Florida (8/7/2026) Response in Opposition to Andrew Tate’s and Tristan Tate’s Motion for Release Pending Extrad

VR40 - This Vapid Response Wednesday, we note the end of Ross Douthat’s 17-year run as the resident New York Times conservative columnist with a drive-by review of some of his most willfully clueless work--and a closer look at his recent farewell message in which he provides a fitting capstone to a long career of willfully ignoring everything about how and why the American right went full MAGA. You can WATCH this episode, too! “Europe’s Minaret Moment,” Ross Douthat, New York Times (12/6/2009) “Confessions of a Columnist,” Ross Douthat, New York Times (1/2/2016) “The Necessity of Stephen Miller,” Ross Douthat, New York Times (1/27/2018) “There Will Be No Trump Coup,” Ross Douthat, New York Times (10/10/2020) “Why Do So Many Americans Think the Election Was Stolen?” Ross Douthat, New York Times (12/5/2020) “How Donald Trump Made the Fantasy Real,” Ross Douthat, New York Times (1/9/2021) “Why Nikki Haley Would Be the Most Dangerous President,” Ross Douthat, New York Times (1/20/2024) “What Would

OA1286 - NYU Law professor and Strict Scrutiny co-host Melissa Murray joins to discuss (among many other things) her new book, Sonia Sotomayor’s dance moves, and why actually reading the Constitution matters now more than ever.  Professor Murray’s book The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader is this month’s OA Book Club selection, and we’ll be meeting to discuss it via Zoom on August 30, 2026 at 4:30 PM EST. This is a perk available to patrons at ALL tiers! The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, Melissa Murray (2026) “Of Might and Men,” Leah M. Litman, Melissa Murray, Katherine Shaw, Michigan Law Review, Vol. 122 Issue 6 (2024) “A Podcast of One’s Own,” Leah M. Litman, Melissa Murray, Katherine Shaw, Michigan Journal of Gender & Law, Vol. I, Issue  The Trump Indictments: The Historic Charging Documents With Commentary, Melissa Murray and Andrew Weissman (2024) Check out the OA Linktree for all the places to go an

OA1285 - This week on Rapid Response Friday: regulators, mount up! We take a closer look at the actual documents provided to the Senate Judiciary Committee by Attorney General nominee Todd Blanche which convinced John Cornyn and Thom Tillis to change their votes, how deregulation caused a national cyclospora outbreak (and the legal response to it), and state efforts to stop the “prediction market” racket which the Commodity Futures Trading Commission has been all too happy to ignore. And in today’s footnote: three very different cases which prove why prediction markets shouldn’t be a thing at all. Documents provided to the Senate Judiciary Committee by Attorney General nominee Todd Blanche on August 2, 2026 “Cyclospora is easy for doctors to miss. The US made it even harder to spot,” Dr. Robert B. Shipner, The Guardian (7/16/2026) Complaint in Null v. Taylor Farms, filed 7/21/206 Complaint in New York v. Kalshiex LLC, filed 7/31/2026 Check out the OA Linktree for all the places to go and things to d

VR39 - Vapid Response Wednesday returns with a tasteful pairing of stories about alleged anti-Italian discrimination that go together like chianti and red sauce. Today's specials include: Aperitivo: a tasteless morsel from the least deserving recipient in the history of the Mark Twain Prize for American Humor Primo: a chef’s kiss Washington Examiner oped on how NYC mayor Zohran Mamdani “erased” Little Italy Secondo: a spicy molto grosso meatball of a Boston lawsuit over alleged anti-Italian-American discrimination gives a federal court indigestion Dolce: our patrons! Listen ad-free and support the show at patreon.com/law “Mayor Mamdani, Why Did You Erase Little Italy?” Anthony Colombo Jr., Mike Crispi, Gerard Marrone, Washington Examiner (7/10/26)  Second Amended Complaint in North End Chamber of Commerce et al v. City of Boston, filed 3/7/24 Order on Defendant’s Motion to Dismiss in North End Chamber of Commerce et al v. City of Boston(12/20/24) North End Chamber of Commerce et al v. City o

OA1284 - Can a modern court implement modern solutions? It really depends on your perspective. Despite some baffling misconceptions about how… anything works, the Justices seem to be doing a pretty good job of ultimately deciding that yes, police do in fact need a warrant to deeply invade your digital privacy. While Kavanaugh appears to have the entire concept of data storage and search queries upside down and backwards, Gorsuch asks complex questions about metadata versus true content, how data is stored in individual accounts, and what other types of data would be exposed if police were allowed to search your location information without a warrant… and yet they both ultimately vote to protect your privacy. It’s a weird world out there folks. Cases discussed: United States v. Jones Carpenter v. United States Chatrie v. United States Check out the OA Linktree for all the places to go and things to do!

Apologies for being a little late on this one!Donald Trump sued the IRS, an agency he currently runs, for leaking his own tax returns, and asked for a cool $10 billion. Thomas, Lydia, and Matt dig through the actual complaint and a judge's increasingly suspicious rulings, all timed suspiciously close to Todd Blanche's confirmation hearing. It is dumber, and more corrupt, than it sounds. Cases discussed: Trump v. IRS Littlejohn leak case Patrons at patreon.com/gavelpod can listen to Part 2 right now!

LAM1015 - Jimmy Smits stars as a gambling, sports-shooting Supreme Court Justice with a law clerk paid to fend off his advances, in NBC's forgotten 2010 flop Outlaw. Thomas, Matt, and Lydia can barely get through a single scene without stopping to ask what this show thinks a Justice actually does. This free 45-minute preview only scratches the surface of how bad it gets. $2+ Patrons already have this full episode, plus an early part 2 of Jenessa's 4th Amendment privacy deep dive, at patreon.com/law. Friday brings a Gavel Gavel crossover on the ruling that blew up Trump and Todd Blanche's corrupt IRS settlement. Check out the OA Linktree for all the places to go and things to do!

OA1282 - Is anything private any more? Depends which Supreme Court Justice you ask. To kick off a series of episodes around data privacy and the law, first Jenessa walks us through a string of Supreme Court cases addressing 4th Amendment rights and technology. In part 1, we cover landmark cases with wiretapping, beepers, GPS trackers, thermal imaging, and more. Stick around for part 2 to hear how the modern composition of the court is responding to the proliferation of new technologies. Cases discussed: Olmstead v. United States Katz v. United States United States v. Knotts United States v. Karo Kyllo v. United States Riley v. California United States v. Miller Smith v. Maryland United States v. Jones Part 2 of this breakdown drops early for patrons at patreon.com/law. Check out the OA Linktree for all the places to go and things to do!

OA1281 - As we wait on the final vote tally for Attorney General nominee Todd Blanche, we take a look at written responses which he recently provided into the record to answer a wide range of Senate questions the day after his hearing concluded. We also take a closer look at how the 5th Circuit is trying to make a recent Clarence Thomas concurrence into law, and how Thomas’s retrograde reading of the Constitution’s Commerce Clause could end federal firearms charges and potentially take one of the pillars of the entire federal criminal punishment system along with them. Finally in today’s footnote: AI in the courtroom hits an unbelievable new low. “Questions for the Record” for Todd Blanche issued after his confirmation hearing, with Blanche’s responses (7/17/2026) U.S. v. Hemani (6/18/2026) En banc order from the 5th Circuit Court of Appeals in USA v. Squire (2026) Check out the OA Linktree for all the places to go and things to do!

OA1280 - Peter O’Neil was preparing for retirement after decades of practicing law when he learned that he was autistic at the age of 65. This realization inspired his memoir My So-Called Disorder: Autism, Exploding Trucks, and the Big Daddy of Rock and Roll, in which he looks back at his life and legal career to better understand how his neurodiversity played a role in both his most significant personal challenges and the unique professional talents which helped him to take on some of the largest corporations in the US as a products liability attorney. In this unusual intergenerational exchange between lawyers on the spectrum, Peter and Matt discuss their experiences and appreciate the ways that these so-called “disorders” have made them who they are. Peter O'Neil is the author of My So-Called Disorder, Autism, Exploding Trucks, and the Big Daddy of Rock and Roll, this month's OA Book Club pick. Join him live for book club on July 26th at 4:30pm Eastern, for patrons at any level at patreon.com/law. Check ou