Opening Arguments Media LLC

Opening Arguments

About the show

Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith and lawyer Matt Cameron help you understand not only current events, but also deeper legal concepts and areas! The schedule is M-W-F, with the main show on Monday and Friday and Vapid Response on Wednesday!

Newest episodes

Biggest Democratic House Since Nixon Resigned, and Red States Moved the Most

Nov 9, 2026 51 min

OA1312 - Just how big was this blue wave? Jenessa has some exclusive homemade analysis for you to illustrate how the tides are flowing and where the biggest shifts happened. Plus coverage of the remaining procedural steps in Mississippi, what this could mean for the National Popular Vote Interstate Compact, and some signature wins and loses. Cases and sources discussed: Debunk of some myths about the NPVIC Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

Voters Said No to MAGA. Grand Juries Have Been Saying No to DOJ for Months.

Nov 6, 2026 45 min

OA1311 - Matt runs through a string of DOJ losses this week: researcher Kseniia Petrova's smuggled frog embryos case, a grand jury's decision on Cassidy Hutchinson, and Trump's libel suit against the Wall Street Journal over the Epstein birthday letter, an exit package you have to hear to believe. We close out with a Canadian tourist charged with animal cruelty for abducting a flamingo from the Flamingo Casino in Las Vegas. Cases discussed: United States v. Kseniia Petrova (dismissed vindictive prosecution case) Grand jury declines to indict Cassidy Hutchinson Trump v. Dow Jones ($10 billion Wall Street Journal libel suit, dismissed) Trump v. BBC (defamation suit over January 6th footage) Nevada v. Mitchell Fairbarn (the Peachy the Flamingo case) Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

Election Night: We Streamed Until We Got Tired of Winning

Nov 4, 2026 1 hr 3 min

VR49 - Live midterms watch party! Thomas, Matt, and Jenessa parked in front of three screens on election night and just let the good vibes happen. We've got Mike Johnson saying something out loud on camera that he absolutely should not have said days before results came in. We've got Idaho forcing its voters to pick one official state gun (you can't have them all, Idaho). And we've got Ken Paxton's unhinged AI attack ad against James Talarico, possibly the worst political ad ever produced. Plus a genuinely enormous amount of good news that none of us were quite emotionally prepared for. Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

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All episodes

The newest 50 of 1,309 episodes

Biggest Democratic House Since Nixon Resigned, and Red States Moved the Most

Nov 9, 2026 51 min

Voters Said No to MAGA. Grand Juries Have Been Saying No to DOJ for Months.

Nov 6, 2026 45 min

Election Night: We Streamed Until We Got Tired of Winning

Nov 4, 2026 1 hr 3 min

Here's Why Voter Fraud Is Virtually Nonexistent, and What Experts Actually Fear

Nov 2, 2026 55 min

OA1310 - We all know by now that election fraud is rare, but do you know why? What mechanisms are in place that make us so sure it's rare, and not just rarely reported? Jenessa walks us through election security protocols, what happens to your ballot at every step in the process, and what election security experts are actually worried about. Cases and sources discussed: Brennan Center Election Cybersecurity Summit Voting Rights Lab election risk heat map We recorded this before charges were filed against James O’Keefe because he decided to prove me right by getting caught attempting voter fraud Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

"You Gotta Spend Voter Fraud to Make Voter Fraud" - James O'Keefe

Oct 30, 2026 53 min

OA1309 - With Matt out sick, we're doing a GG crossover, with a hot off the presses new story suitable for Rapid Response Friday. Back in August, James O'Keefe's rebranded operation, now calling itself the Citizen Justice League, sent people dressed in racist Muslim garb into Minneapolis polling places to test Minnesota's voter "vouching" law. Does the full footage actually show what the viral clips claim, or do the poll workers do exactly what they're supposed to? And what happens when the "random" names O'Keefe and Cameron Higby used to vouch for strangers turn out to belong to real, very surprised Minnesota voters? Thomas and Lydia go through the new documents and the county attorney's press conference, line by line. To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

The Christian Reboot of the Scopes Monkey Trial Nobody Asked For

Oct 29, 2026 44 min

WE WATCHED A MOVIE SO CHRISTIAN WE HAD TO DOSE IT OUT IN TWO SITTINGS. Thomas and Matt are joined by Lydia for Alleged, a 2010 Christian retelling of the Scopes Monkey Trial that somehow decides the real villains were the evolutionists. We've got Nebraska Man resurrected as a gotcha, H.L. Mencken slandered into oblivion, and a wildly invented eugenics subplot that never happened in Tennessee. Matt actually read the real trial history, so we get to find out just how much of this is "alleged" fact and how much is pure fan fiction built to make William Jennings Bryan the hero. Alleged (2010), dir. Fenton Bailey (fictionalized Scopes Monkey Trial drama) Cases discussed: State v. John Thomas Scopes (Scopes Monkey Trial, Rhea County, TN, 1925) Buck v. Bell, 274 U.S. 200 (1927) Check out the OA Linktree for all the places to go and things to do! $2+ patrons already have the full episode at patreon.com/law!

They Wouldn't Be Flailing This Hard If They Thought They Were Winning

Oct 26, 2026 51 min

OA1308 - The election is coming up fast, with early voting already underway in many states. With an administration that is, let's say "do we really need elections?" curious, how did we get here? Elections are running more or less as expected so far, because heroes are fighting for your right to vote across the country. Check out some pivotal lawsuits you probably missed in all the chaos. Cases and sources discussed: A comprehensive list of on-going election lawsuits hosted by Democracy Docket Unfortunately, right after we recorded, SCOTUS ruled to take that mixed result in New Hampshire and turn it into a big L Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

The More We Learn About the Ilhan Omar Raid, the Worse It Looks

Oct 23, 2026 46 min

OA1307 - Matt's got an update on the Ilhan Omar search warrant saga. We get into the genuinely bizarre citizenship limbo they're trying to put her in. In other news, FEMA told Congress this week that it just doesn't want to do its job anymore. And we close out with a 1962 oldies song that somehow broke the Supreme Court. Cases discussed: Vetter v. Resnik Maslenjak v. United States (2017) Baker v. Coates Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

Tommy Teepell Gets Publicly Owned, and the Worst Cornell 7 Take Yet

Oct 21, 2026 1 hr 15 min

VR48 - Today on Vapid Response Wednesday: the extremely believable backstory of some guy named Tommy who got publicly owned by Michigan Democratic Senate candidate Abdul El-Sayed, and the single worst take on the Cornell 7 case from within the Ivy League. Finally, we take our minds far, far away from Cornell to enjoy a galactically bad 1983 take on the most beloved film series in world history from one of America's crankiest critics. Cases and sources discussed: Michigan Democratic Senate candidate Abdul Al-Syed answers a question posed by Tommy Teeple at a town hall in Caro, Michigan (Oct. 17, 2026) “The Cornell 7 Is Really About Liberalism,” The Sundial (Oct 13, 2026) Condemnation of The Sundial’s publication of “The Cornell 7 Is Really About Liberalism” from the editorial board of the Columbia Political Review, “Now It’s Really About Liberalism,” The Sundial, Shoshana Aufzien (10/18/2026) “Star Wars Nightline Discussion,” ABC News (1983) Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

Can You Sue a Drug Company When You Don't Know Which One Made the Pill?

Oct 19, 2026 51 min

OA1306 - We're on a winning streak! ...because we picked the winners. This week we cover two cases where the little guy comes out on top against the big corporation, and learn some key torts concepts along the way. Maybe your neighborhood billboard personal injury attorney isn't such a bad guy after all. Sources: Election Protection Hotline Brennan Center statement/information on ICE at the polls The SALUTE reporting method Civil litigation statistics Sindell v. Abbott Laboratories Mobil v Ellender Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

NY Defense Attorney Calls the Tompkins County DA's Cornell Decision "Truly Stunning"

Oct 16, 2026 57 min

OA1305 - Matt's under the weather, so no normal Friday show this week. But don't panic, because we've got a treat instead: a crossover from Gavel Gavel where criminal defense attorney Liz Skeen joins Thomas to talk about the Cornell case, and she is PISSED. Liz has real, on-the-ground New York experience with how the system treats people who aren't privileged kids from an Ivy League school, and it shows. If you want the backstory first, Thomas and Lydia already went through the complaint in the previous two Gavel Gavel episodes. To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

What the Media Are Getting Wrong About the Ilhan Omar Raid

Oct 14, 2026 1 hr 2 min

VR47 - Federal agents raided Ilhan Omar's house this week, possibly over a decades-old conspiracy theory. Matt Explains what the media are getting wrong about the incident. Along the way we hear from Russian foreign correspondent Benny Johnson and his "deep research." Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

This Guy Beat Qualified Immunity Twice, in Two Different Circuits

Oct 12, 2026 57 min

OA1304 - Qualified immunity does not strike again! In a case out of the 10th circuit, with the same plaintiff from last week's Rosales v. Lewis/Terrell, the court once again refuses qualified immunity to an officer who was wildly out of line. Learn about immunity for municipalities and standing rules, the multi-factor tests for excessive use of force against an armed civilian, and a unique alternative perspective on how qualified immunity should work from the concurrence. Cases and sources discussed: Check the deadlines and criteria to request a mail-in ballot. Check the dates and times of early voting. Rosales v. Bradshaw, (10th Cir. 2023) Governmental immunity by state Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

Florida Judge Says Congress Can't Make Noncitizen Voting a Federal Crime

Oct 9, 2026 47 min

OA1303 - Rapid Response Friday kicks off with two major under-the-radar stories that you may not hear anywhere else about major federal decisions out of Florida and Massachusetts which may remove two important tools from Trump's fascist toolbox. We also explain how the subject of Matt's exclusive OA report from the front lines of deportation defense last July on how ICE was trying to rewrite the law of mandatory ICE detention has just become the single most important immigration case in the Supreme Court's coming term. Finally, Matt goes gorilla mode for today's footnote to share the story of how the U.S. Fish and Wildlife Service went ape on a Mexican zookeeper in one of the wildest cases of federal entrapment in American history. Cases discussed: Opinion and Order in Maria L and Nancy M. v. Mullin (9/30/26) SDFL judge David Bernstein’s order dismissing U.S. v. Cox (10/1/2026) Order in Barbosa de Cunha v. Freden, (2nd Cir., 4/28/26) “ICE Just… Decided that Millions of People Are Ineligible for Bail. This is Bad. Like, Really Bad.” Opening Arguments, OA1174 (July 18, 2026) “U.S. Agent in Gorilla Suit Catches Primate Smugglers,” LA Times (1/27/1993) Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

Samuel Alito's Victory Lap and Douglas Murray's Deportation Jetpack Fantasy

Oct 7, 2026 1 hr 5 min

VR46 - This week on Vapid Response Wednesday: A Bari Weiss double feature! We kick off with an amuse douche from CBS News's chill hang with a cool guy from Trenton. Samuel Alito grew up with a dream: doing incalculable damage to women's healthcare by destroying the Constitutional abortion rights previously guaranteed by Roe v. Wade, apparently because no one was really using them anyway? Does Samuel Alito even hear himself talk anymore? We then take up the closest thing the Trump era has seen to an intellectual case for mass deportation from one of its poshest warriors: "intellectual dark web" alum Douglas Murray, who outlines a completely new strategy so brilliant, so internally consistent, and so obviously rushed to print without a second thought for what he was actually trying to say that it could only have been published in The Free Press. Cases and sources discussed: “Extended Interview: Supreme Court Justice Samuel Alito,” CBS News, Oct 5, 2026 “How the West Lost Its Will to Reverse Mass Migration,” Douglas Murray, The Free Press (9/24/2026) Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

The 5th Circuit Denied a Cop Qualified Immunity, So We Might Be in the Afterlife

Oct 5, 2026 49 min

OA1302 - Qualified immunity can be overcome! In the fifth circuit?! Come hear the good news, and learn some fourth amendment traffic stop rules along the way. CHECK YOUR VOTER REGISTRATION. Deadlines for your state can be found here. Cases discussed: CHECK YOUR VOTER REGISTRATION. Deadlines for your state can be found here. Rosales v. Terrell, 25-30650 (5th Cir. 2026) Dashcam footage from the Rosales case Milligan v Lewis Reporting on trial of Lewis for alleged misconduct Rosales v. Bradshaw, (10th Cir. 2023) USPS v. California et al. Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

DOJ Wants Every Federal Judge in Minnesota Recused (Good Luck With That)

Oct 2, 2026 49 min

OA1301 - IT'S FASCISM RESPONSE FRIDAY, and it's a lot. DOJ just filed a complaint trying to get every single active federal judge in Minnesota booted off immigration cases, and the "evidence" is a judge telling the New York Times the truth. The Supreme Court just let deportations to countries people aren't even from happen again. And we cannot stop laughing about the executive order that just declared this the "era of superintelligence." There's good news too, but you'll have to listen for that. Cases discussed: Complaint Against Judges of the U.S. District Court for the District of Minnesota (filed under 28 U.S.C. § 351) D.V.D. v. DHS (Supreme Court stay on third-country removals) Trump v. Internal Revenue Service (11th Circuit, the "slush fund" case) CNN et al. v. Trump (White House press access) USPS v. California et al. Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law! $2+ patrons also get a new Law'd Awful Movies every month.

John Yoo Wrote the Torture Memos and Never Paid for It. At All.

Sep 30, 2026 1 hr 15 min

VR45 - Today on Vapid Response: 25 years after the terror attacks of September 11, 2001, we look back on the Forrest Gump of monstrously bad legal takes: former DOJ lawyer and current UC Berkeley law professor (!) John Yoo. We go back to the primary sources to show how the Office of Legal Counsel explicitly authorized torture, indefinite detention in Guantanamo Bay, and warrantless surveillance of U.S. citizens before giving Secretary of State Marco Rubio a chance to explain why the world should never hold the United States accountable for any of it. Cases and sources discussed: “Time to Think About Torture,” Jonathan Alter, Newsweek (11/4/2001) “Is There a Tortuous Road to Justice?” Alan M. Dershowitz, LA Times (11/8/2001) Memorandum for John Rizzo, Acting Counsel for the CIA, DOJ Office of Legal Counsel (August 1, 2002) Possible Habeas Jurisdiction Over Aliens Held in Guantanamo Bay, Cuba, Patrick Philbin & John Yoo (December 28 2001) Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the "Purpose " Standard for Searches, John Yoo (9/25/2001) “Why We’re Dismantling the ICC,” Secretary of State Marco Rubio (July 14, 2026) Check out the OA Linktree for all the places to go and things to do!

From Toga Guy to John Hinckley: A History of Pleading Insanity

Sep 28, 2026 52 min

OA1300 - The “insanity defense” might sound like a relic of a time when mental illness was viewed through the lens of demons and witches, and it turns out it is… but also maybe it’s kind of woke? Jenessa walks us through the history of Old English and Early American iterations of the defense, various tests that are applied today, and what happens afterwards that most people don’t get to see. Cases and sources discussed: Chris Liberati-Conant “It’s Time To Take ‘Hygiene’ out of the Mental Hygiene Law” Legal Information Institute summary of insanity defenses NY Criminal Procedure Law § 330.20 “Law and the Mental Health System” Check out the OA Linktree for all the places to go and things to do!

He Went to Prison for Bribing Susan Collins. She's... Totally Fine Somehow?

Sep 25, 2026 1 hr 2 min

OA1299 - This week on Rapid Response Friday: what crimes might Senator Susan Collins (R-ME) have been complicit in, and why won't she ever be prosecuted for any of them? We go deeper into the law behind the facts exposed in ProPublica's outstanding investigation into her SuperPAC's coordination of illegal campaign contributions from a naval defense contractor. We then take a closer look at another damning investigation, this time of the Florida state-run immigration facility formerly known as "Alligator Alcatraz" from a surprising source: the Department of Homeland Security's Office of the Inspector General. We already knew this place was an illegal black site polluting a delicate Everglades ecosystem on tribal lands, but this report documents something much worse. If a Trump loyalist is willing to put some of this stuff into writing how much worse must the truth be? Finally, in this week's footnote: yet another dismal milestone for AI in the law as a New Mexico attorney is forced to defend an appellate brief in which ChatGPT made up the law and the facts. Cases and sources discussed: “The FBI Anti-Corruption Squad Was Circling Susan Collins — Until Trump Got in the Way,” William Turton, Avi Asher-Schapiro, Molly Redden, and Kristen Berg, ProPublica (9/22/2026) Indictment in U.S. v. Kao et al (2/10/2022) “Unannounced Inspection of ICE’s Florida Soft-Sided Facility (“Alligator Alcatraz”) in Ochopee, Florida,” Department of Homeland Security Office of Inspector General (9/11/2026) In Re Stephen Aarons, New Mexico Supreme Court #S-1-SC-40845 Show Cause Hearing: State v. Sandoval, S-1-SC-40845 (8/21/2026) Check out the OA Linktree for all the places to go and things to do!

The Real Reason Coyote v. Acme Was Buried (It's So Much Worse Than a Tax Write-Off)

Sep 24, 2026 1 hr 4 min

Coyote vs. Acme is such a fun movie. Thomas and Lydia saw it with the kids, Matt tried to borrow some kids to see it with, and has some fun legal observations for us. BUT! Before that, it's a special series premiere of ACCOUNTING'ed AWFUL MOVIES! Because there is some real financial shenanigans with this movie. Everyone says it got shelved for tax reasons. But that's wrong! It's actually so much worse than that... $2+ Patrons already have the full episode at patreon.com/law. Check out the OA Linktree for all the places to go and things to do!

The USPS Ballot Scheme Was Even Worse Than You Thought

Sep 21, 2026 58 min

OA1298 - Voting rights attorney Jenessa is back with a sprawling tour of election chaos, starting with the Supreme Court's unsigned order in USPS v. California: nobody knows the vote count, and the real fight on the merits waits for 2028. Then: the USPS whistleblower letter reveals a system built on oral-only instructions and batch ballot rejection for any single problem, from a mismatch to a misscanned barcode. Meanwhile, a district court in DSCC v. Trump adds another layer: an injunction that even bars states from volunteering. Next, a USCIS whistleblower letter exposes an unlawful voter-fraud investigation targeting naturalized citizens, built on private corporate databases and vibes, with data gaps the training video promises will be filled by, quote, “supplemental magic.” Finally, Missouri redistricting: how the chaos unfolded from dueling maps to a secretary of state whose compliance plan was apparently to “evaluate options” until a judge told him otherwise, all captured in a contempt hearing you have to hear to believe. Cases and sources discussed: USPS v California, 609 U.S. ___ (2026) DSCC v Trump, (D.D.C. 2026) USPS whistleblower letter (August 31, 2026) USCIS whistleblower letter (September 13, 2026) Hugh Cameron (September 10, 2026), Missouri’s Midterm Map Fight: How the Chaos Unfolded, Newsweek. Contempt hearing for Hoskins at Missouri Supreme Court Check out the OA Linktree for all the places to go and things to do!

Kash Patel Screws the Pooch

Sep 18, 2026 51 min

OA1297 - This week on Rapid Response Friday: SCOTUS once again confirms the color of the sky, the latest failures in DOJ’s attempts to prosecute Trump’s political opponents, why the most important immigration agency you’ve never heard of has decided as a matter of law that Trump fixed Venezuela by illegally kidnapping its president, and how NYC mayor Zohran Mamdani is trying to stop Trump 2.0 from bringing new life to one of the worst failed immigration policies of 1.0. Finally, in today’s footnote: Kash Patel screws the pooch while trying to explain the FBI’s bizarre new hiring guidelines in some of the funniest Congressional testimony we’ve ever heard. USPS v. California et al, 609 U. S. ____ (2026) Audio from Fourth Circuit oral arguments in U.S. v. James (9/15/26) Matter of A-E-V-M-, 30 I&N Dec. 20 (BIA 2026) Complaint in New York et al v. Mullin et al, SDNY Case #1:26-cv-07978 (9/14/2026) Check out the OA Linktree for all the places to go and things to do!

Manosphere's Favorite Juror Had Active Restraining Order During Clancy Trial

Sep 16, 2026 1 hr 1 min

VR44 - This week on Vapid Response: we survey some of MAGA’s worst takes on the recent mistrial of Lindsay Clancy, all the way from “women are too woke and emotional to be on juries," to “the man who acted out of emotion to ignore the law is the true hero.” Also: the manosphere’s casual endorsement of domestic violence against women who want to talk about their own mental health, and a quick refresh on the incredibly nuanced reality of a mental health defense in Massachusetts. You can watch the episode here! Jury instructions in Commonwealth v. Clancy, delivered August 26, 2026 “Lindsay Clancy’s Activist Jury Is a A Consequence of Democrats’ Soft-on-Crime Creep,” Jordan Boyd, The Federalist (9/14/2026) “What a Lindsay Clancy Juror Said About the Case is Just Insane,” Matt Vespa, Town Hall (9/13/26) “Men, Get Ahold of Your Lindsay Clancy-Supporting Wives and Girlfriends Before It’s Too Late,” Eddie Scarry, The Federalist (8/24/26) Check out the OA Linktree for all the places to go and things to do!

A Blizzard of Lies - Dave Wedge on the Karen Read Trial

Sep 14, 2026 49 min

OA1296 - Dave Wedge is a veteran Boston reporter and New York Times bestselling author who covered (among many other things) hundreds of murder trials as a reporter for the Boston Herald and other local outlets. Dave joins OA to discuss his new book Blizzard of Lies, the definitive account of the prosecution and two unsuccessful attempts to prosecute Karen Read for the still-unexplained death of Boston police officer John O’Keefe. Beyond its excellent coverage of one of the most infamous prosecutions in modern Massachusetts history, Dave’s book takes an objective look at the case for a fascinating snapshot of how, among other things: so-called “forensic fandom” in independent and social media has driven public perception of the justice system-, Aiden “Turtleboy” Kearney’s aggressive and questionably ethical independent coverage propelled the trial into international news, and the “Free Karen Read” movement may have influenced the defense, the prosecution, and the outcome of a case which Dave convincingly argues may be an unfortunate turning point in American legal history. Blizzard of Lies is this month’s OA Book Club selection! Patrons at every level are invited to join at 4:30 PM EST on Sunday September 27th before we discuss the book. Dave Wedge’s website Blizzard of Lies: Karen Read, John O’Keefe, and the Shocking Unsolved Murder in Cop Town, USA, Dave Wedge (2026) Check out the OA Linktree for all the places to go and things to do!

The 5th Circuit Says You Have No Right to Clean Water

Sep 11, 2026 46 min

OA1295 - Today on Rapid Response Friday: your questions about the Lindsay Clancy mistrial, actual justice for the Tate brothers, Trump’s mystery meat, and the Fifth Circuit’s extremely normal holding that there is no cognizable Constitutional right to clean water and/or honest government. Finally, today’s footnote recognizes the 60th anniversary of the original Star Trek series with a five-minute mission to boldly go where no podcast has gone before: the strange new world of a poorly-drafted clause in creator Gene Roddenberry’s divorce settlement which was more trouble than a cargo hold full of Tribbles. “Further Ensuring Affordable Beef For the American Consumer,” The White House (8/26/26) “Why Did Trump Order Up 660 Million Pounds of Mystery Meat?”, Ercic Schlosser , The New York Times (9/7/26) Sterling et al v. City of Jackson, No. 24-60370 (5th Cir., 9/4/2026) Roddenberry v Roddenberry, 44 Cal. App. 4th 634 (1996) Check out the OA Linktree for all the places to go and things to do!

Milo Yiannopoulos Lied About His Immigration Status (And We Can Prove It)

Sep 9, 2026 1 hr 21 min

VR43 - Today on this special edition of Vapid Response: ICE boot enthusiast Milo Yiannopolous is not a particularly interesting person, but his recent unexpected removal to the UK makes for quite a teaching moment. Matt brings 20 years of instincts and experience as a deportation defense attorney to some of the more mysterious questions surrounding Yiannopolous’s recent encounter with the realities of immigration enforcement and ensuing swift removal to the UK. How did someone on an “extraordinary ability” visa (lol) who was married to a US citizen end up with a removal order? How did he hold down this status after being canned by Breitbart in early 2017? Why is he lying about having been a permanent resident? And does this man even actually have a lawyer at all? We then take a look at some of the funnier editor’s comments from the draft manuscript of his 2017 book Dangerous which was so bad that it was used as evidence by Simon & Schuster in their defense against his lawsuit for breach of contract when they refused to publish it. Milo Yiannopolous’s first post-deportation interview with Piers Morgan (9/1/2026) The Deportation Data Project’s website “The Elements of Vile,” Mitchell Ivers, Harper’s (March 2018) Complete manuscript of Milo Yiannopolous’s Dangerous as introduced into the record of Yiannopolous v. Simon & Schuster, with editor’s notes Check out the OA Linktree for all the places to go and things to do!

The First Openly Autistic Lawyer in Florida on What Law Firms Get Wrong

Sep 7, 2026 1 hr 6 min

OA1294 - Haley Moss was the first openly autistic woman to practice law in Florida, and she is now an advocate for disability, autism, and neurodiversity in the workplace. She joins Matt and Thomas to discuss what law firm hiring managers need to know about autistic lawyers, why people in a profession which attracts neurodiversity are still so reluctant to disclose it, and the kinds of simple accommodations which can help lawyers on the spectrum thrive. Haley Moss’s website Great Minds Think Differently: Neurodiversity for Lawyers and Other Professionals, Haley Moss (2021) Talking the Talk About Autism: How to Share & Tell Your Story, Haley Moss (2024) Check out the OA Linktree for all the places to go and things to do!

Most Lindsay Clancy Coverage Has the Law All Wrong

Sep 4, 2026 1 hr 0 min

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 more to come on next week’s Vapid Response Wednesday. Finally, in today’s footnote: an upstart new social media platform is taking on Elon Musk’s X by calling itself... Twitter? Can they do that? Video and transcript of Lindsay Clancy jury instructions and closing arguments (8/28/26) “When Jurors Can Not Agree,” Massachusetts Jury Instruction #2.460 (2009 Edition) “The reidentification of Milo Yiannopolous’s court data,” Jonathan Gerhardson (8/30/2026) “Here’s How Milo Yiannopolous and White Nationalists Smuggled Hate Into the Mainstream,“ Joseph Bernstein Buzzfeed News (10/5/2017) Check out the OA Linktree for all the places to go and things to do!

ICE Went Undercover To Expose a Vast Antifa "Conspiracy"

Sep 2, 2026 44 min

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. Rabbitt et al. (Broadview indictment) Patrons at patreon.com/gavelpod get episodes early and ad-free!

Supreme Court Says Why Prevent Trump Violating the Constitution Before It Even Happens?

Aug 31, 2026 1 hr 0 min

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!

Meta Must Pay, Bannon's Judge Pushes Back, and a Dolly Parton Shoutout from the Bench

Aug 28, 2026 50 min

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”

Stephen Miller's America First Legal Has a YouTube Show (and it sucks real bad)

Aug 26, 2026 1 hr 7 min

VR42 - Today on Vapid Response Wednesday: Lydia, Thomas, and Matt check in on the official podcast of Stephen Miller's America First Legal, and Matt brings the receipts to show just how bad its recurring "Bad Legal Takes" feature truly is. How is an organization with this much dark money behind it so consistently terrible at producing the MAGA version of our very own Vapid Response? Plus in today's amuse douche: toad and toady are reunited when Michael Cohen's former boss stops by his podcast and Cohen finally gets to stop pretending that he ever actually disagreed with Donald Trump. Cases and sources discussed: Website for the America First Legal podcast The Arena Text of Virginia HR333ER (signed into law 3/6/26) Order on Defendant’s motion to dismiss in F.F. v. Valley View School District History and case documents from Pablo Sequen v. Albarran from the ACLU website Thomas & Alito dissent from SCOTUS majority’s denial of motion for leave to file a bill of complaint in Florida v. California and Washington (5/26/26) Check out the OA Linktree for all the places to go and things to do!

A Mayor Declared a State of Emergency to Save Flock Cameras

Aug 24, 2026 52 min

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!

Trump Messed With the Mouse. Now He Gets the Ears.

Aug 21, 2026 58 min

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!

Baseball Crank Asks "What Have Refugees Done for Me Lately"

Aug 19, 2026 1 hr 20 min

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.

Police Sued for Blatant Misuse of Facial Recognition. It's NUTS.

Aug 17, 2026 59 min

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!

The Tates Seek Release, Super-Duper Promise They Won't Flee

Aug 14, 2026 52 min

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 Extradition Proceedings In the Matter of the Extradition of Emory Andrew Tate, Southern District of Florida (8/10/2026) Complaint in Op-Fortitude Ltd. and Simon Afram v. Netflix Inc., Central District of California (7/29/2026) Check out the OA Linktree for all the places to go and things to do!

Ross Douthat Leaves NYT for Bari Weiss. Here Were Some of His Worst Columns.

Aug 12, 2026 1 hr 27 min

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 Peace on Immigration Look Like?” Ross Douthat, New York Times (1/10/2026) “Who Are the Good Guys and the Bad Guys? I’m No Longer Sure,” Ross Douthat, New York Times (8/8/2026) Check out the OA Linktree for all the places to go and things to do!

Melissa Murray Gives the Constitution Some Strict Scrutiny

Aug 10, 2026 59 min

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 and things to do!

Cornyn and Tillis Negotiate Meaningless Concession from Blanche

Aug 7, 2026 1 hr 2 min

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 do! Listen ad-free and support the show at patreon.com/law.

Did Mamdani Wipe Little Italy Off the Map?

Aug 5, 2026 1 hr 8 min

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 of Boston, No. 25-1063 (1st Cir., 7/30/26) Check out the OA Linktree for all the places to go and things to do!

How a Bank Robbery Became a Fourth Amendment Landmark

Aug 3, 2026 54 min

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!

The Most Brazen and Corrupt Heist in American History (GG Crossover!)

Aug 1, 2026 49 min

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: Outlaw

Jul 29, 2026 49 min

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!

How SCOTUS Paved the Way for Flock Cameras

Jul 27, 2026 57 min

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!

Todd Blanche Can Also Lie and Dodge Questions in Writing Too!

Jul 24, 2026 47 min

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!

Law on the Spectrum, with Peter O'Neil

Jul 20, 2026 57 min

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 out the OA Linktree for all the places to go and things to do!

What Happened to You, Todd Blanche?

Jul 17, 2026 51 min

OA1279 - This week on Rapid Response Friday: A federal judge rips up the corrupt “settlement” Trump reached with his own IRS at the unprecedented request of a group of 35 former federal judges just in time time for aspiring Attorney General Todd Blanche’s confirmation hearing, humanizing the latest victims of ICE, and a metafootnote about a DC judge who hates footnotes nearly as much as Matt loves them. The Agenda: Williams' IRS ruling Blanche confirmation hearing Salgado Araujo shooting Duran Guerrero shooting Boasberg's footnote crusade Check out the OA Linktree for all the places to go and things to do!

Nancy Mace Thinks Anyone With a Foreign Name Is Disloyal

Jul 15, 2026 1 hr 2 min

VR38 - This week in Vapid Response Thomas, Lydia, and Matt review some truly awful takes from a MAGA economist on the true cause of low crime rates, Rep. Nancy Mace on her extremely real and not-at-all-racist concerns about the dangers of judges with dual citizenship, and a then-20-year-old Rolling Stone columnist in 1969 on his immediate disdain for what would become one of the greatest rock albums of all time. “Trump’s Immigration Enforcement Really is Slashing Violent Crime,” John R. Lott, Jr, The Federalist (July 9, 2026) FBI’s National Crime Victims Survey data “Governing America means loyalty to America,” Rep. Nancy Mace, Newsweek (July 4, 2026) Judge Sparkle Sooknanan’s preliminary injunction order in League of Women Voters v DHS Judicial nominee Sparkle Sooknanan’s responses to Sen. Lindsay Graham’s judicial questionnaire (March 20, 2024) “The Top 15 B******t Album Reviews That Rolling Stone Magazine Had the Balls to Publish,” Reel Harmonies (July 14, 2014) Check out the OA Linktree for all the places to go and things to do!

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Created by: Opening Arguments Media LLC
Status: Active
Latest episode: Nov 9, 2026
Episodes: 1,309
Release period: Several times a week
Avg. episode length: 1 hr 1 min
Explicit: No
Language: English

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