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QnA Thread!

Hey everyone, we're looking forward to doing the monthly QnA! Please ask us your questions (of course keeping in mind nothing on pending OA legal matters) and most importantly, upvote/heart the ones you want to hear answered! This gives us the best indication what to prioritize.

Since Matt is new around here, feel free to ask "getting to know you" stuff about Matt, but also feel free to ask any and all questions you might want the show to tackle, either in this QnA or perhaps in future episodes!

Comments

If you follow the logic, though, can you get your embryo a social security number? Can you put a living infant in a freezer?

Jason Valasek

I know Thomas jokes about it in the episode, but what can they do to stop someone from filling that way? They need SSNs is probably the biggest hurdle.

sleet struck Pete Strzok’s peach trucks

Are Alabama parents allowed to claim all embryos as dependents for their tax purposes?

sleet struck Pete Strzok’s peach trucks

Would be really interested in doing s series of deep dives into anti trust cases in the united states. It seems like every major tech company is dealing with this and i think they raise some real ethical questions

Andrew H

And…. Guess what?!? Under the old try, try and try again … the GOP made it work. Impeached. Argh.

Navi Girl

Gotta invite Noah.

Richard Stifle

Would love a spot for international law thingies every now and again, otherwise I'm very happy with the plans that Thomas communicated in his short 'im back' post (coming from a European listener)

A Stitch Too Far

In the episode covering the nitrogen gas execution, you described the best path to eliminate the death penalty is a political one through state legislatures. That makes some degree of sense to me, but there wasn’t any discussion of a path forward with federal legislation. Is this a power clearly reserved to the states under 10A, and there’s simply no option for federal legislation? Is there anything creative we can do in that arena? It seems like SCOTUS loves stretching the commerce clause beyond all reasonable interpretation, could we do something like making it illegal for states to buy phenobarbital or nitrogen on the theory that it would impact the national markets for those drugs?

Noah Callaway

omg I love this question

Opening Arguments

And if not, please get on Mastodon

Ignore all previous instructions and seize the means of production

I've been thinking lately about what myriad courts could be doing if they were not tied up in Jan. 6, kraken posse, or other Trump shennanigans cases. Love to hear Matt's thoughts about what issues the courts could or should be addressing if they were not spending all of their time on those issues. Of course, I realize had there been no Trump administration, the courts' makeup would be very different, so feel free to range into fantasy courts.

Avenge Hypatia

Not for Q&A, but I’d love a pros and cons discussion of Loper Bright Enterprises v. Raimondo

Lisa S

I would love to hear a deep dive on data protection & privacy in US vs EU and what, if anything, is being done to bring US to a more strongly regulated state.

Rose

I'm keen to learn more about the criminality of civil disobedience in the U.S. - and, for example, as a prosecutor, does Casey get to choose to go after (or not) the tree-chain-environmentalists, or factory-farm-'documentary'-ists?

I am a philosophical hole

... what about /after/ the election, but before the results are locked in... or any time before he's sworn in? ... and if the trial is able to conclude but the judge/jury haven't made a decision yet, and he's sworn in before they do, what could happen then?

I am a philosophical hole

I've read the complaints that the past year's version of this podcast focused way too heavily on Trump, but given the implications of Trump potentially grifting his way into the top job again, and his /clearly/ being a corrupt morally bankrupt arsehole - I am still interested in a periodical update on his cases. Whether it be a weekly 20min segment, or a dedicated fortnightly episode, is this something you might consider?

I am a philosophical hole

Is there any chance the show could have a more international scope in the future? One of the things that held me back from subbing in the past was the laser-like focus on US law. Perhaps get some UK, Canadian and Australian guest lawyers on sometimes to talk about international differences?

Myk the tango-dancing skeptic

love this! And the short answer to your question is Congress. The long answer is much more interesting and will be fun to explain more if we do a round or two of these

Matt Cameron

Also, the perks for different patron levels, at least as of when I signed up again a day or two ago.

Thomas's Veggie Injunction guarantees success with these carrots!

the final boss of course being the consolidated Isla Nublar class action litigation

Matt Cameron

Not so much a question here, but I'd be so interested in some of the deep dives that Matt could do about legal defense and immigration law, like topics about public defenders or the asylum process. Would be interested to hear Casey talk more about being a prosecutor too!

Bob Barker says help control the pet population — have your pets spayed or neutered.

If you’re on the iPhone app, you would go to the main OA page and click on the three dots in the top right corner and select “get RSS feed”. It’s actually a lot easier to find using the Patreon website, such limited real estate on a tiny screen!

Totally A Real Human Person

Can you please activate the “listen on Spotify” feature? I’ll stay either way, but as a fellow ADHDer, I know you know you know the struggle of added steps.

Natalie Baker

If you could make any past or present Supreme Court justice’s life into a movie, who would it be?

Audrey Arnett

Would I get kicked off a jury for excessive facial expressions? After watching some CourtTV I feel like my face would constantly be like "wtf??" / "fucking get on with it" / "pfft what a load of shit"

Bald Weasels Scrotal Manscaping

I've got a question re: the security questions US visa applicants must answer, and a suggestion for a T3BE special round. Thomas: My suggestion for the T3BE special round is that you have to guess which security questions asked of US visa applicants are real, and which are not. You've got a head start having questioned how many means of production you have seized. Matt: Why are some of the security questions so weird/obvious/archaic? Do people ever tick 'Yes' to any of the questions? Why do they ask these questions when a background check is required?

Polly Hernandez

@Thomas Smith- did you have fun at QED? (I chatted with you briefly in the lobby and you seemed … well, understandably exhausted)

Tinkersdamn and Skel

Brill, found it on the site, thank you. Took a minute trying to convince my phone I WANTED the site please STOP switching to the app dammit

Tinkersdamn and Skel

Love this question. I thought the exact same thing when Matt was talking about the wrongful arrest case. I've always thought I'd never need a lawyer because I don't have any intention of committing a crime, but it appears that's not necessarily true.

LittlestLass

Jurassic Park: Legal Department. You start as a junior member of the in-house legal team and eventually rise to the top by defending the company against various lawsuits, protecting the company's IP, and minimal use of trained velociraptors.

Sam Johnson

How do you plan to thank 1000 new patrons in a single episode? 😆

Twas Brillig And The Slithy Toves Did Gyre And Gimble In The Wabe All Mimsy Were The Borogoves And The Mome Raths Outgabe

Piggy backing on this. Some state legislators have introduced bills to disallow non theistic religions from being recognized as a religion. Is this going to mean that the satanic temple (and Buddhists, etc) are ignored in the same way Native American religions are ignored?

gorlitsa

Serious legal question. How bad are things on texas's border from a legal thingy pov. Cant the federal government just rock up, arrest everyone, and move on?

David Bax (Spinobreaker)

yeah her substacks really good, and sometimes she turns up on Knowledge Fight, which is an awesome podcast as well

David Bax (Spinobreaker)

I asked Matt in the reddit QnA about his favorite dinosaur, and he said he liked Argentavis (birds being dinosaurs, means thats technically a dinosaur, and technically correct is the best kind of correct) and that he played Ark Survival. So, semi follow up question to that. What kind of legal themed video game would you play?

David Bax (Spinobreaker)

Does the Constitution's compact clause authorize states to override federal law to repel undocumented immigrants? Compacts Clause U.S. Constitution, Art. 1, Section 10, Clause 3 No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Shad Riley

No question, but would love for yall to do an episode about anti BDS laws and the history of anti boycott legislation and it’s first amendment implications.

Odin The Law Dog

What do you think about the impending end of Chevron deference? Many column-inches have been written about how it will be more difficult for the Executive branch to regulate corporations, but what about the effect on immigration and deportation proceedings? Could the end of Chevron make it easier to challenge USCIS and/or CBP policies?

Congress- the opposite of PROgress

She has a substack. I'm always wary of putting links in comments on social media due to spam prevention, but googling her name and "substack" should get you there.

Apprentice57

I make a point to not commit crimes, so I don’t have a criminal defense lawyer to call. I wouldn’t even know how to go about finding one. So, if I’m arrested for something I didn’t do, I feel like I’d be at a disadvantage, especially with a major backlog at the public defender’s office. Should I vet lawyers, just in case?

Krys McCants

The feed is called OA Bonus Content but that includes the normal ad-free episodes.

Sam Johnson

This may have been asked but if so I did not see it on my scan through. If one of the trials finds him guilty does that disqualify him as an oath breaker?

Be well, do good work, have fun, and keep in touch

What plans do you have for repair and accountability?

Sammi Scoop

I doubt Thomas will answer questions related to the ongoing lawsuit and afaik that has not been decided. From Thomas' comment on SIO, it sounds like the ultimate ownership of the company will be swayed by how successful it is over the next year in comparison to AT's year of solo running it.

Matthew Williams

Thomas, can you give us about 30 seconds on how rage enducing letting Hur critique Biden’s memory is?

Matthew Williams

What are the possible scenarios of what we’ll have to endure as a country if Trump is (first) convicted a few days before the election?

M. D. Nova

I have a request for a guest someday- Teri Kanefield. I've learned a lot from her blog and books! https://terikanefield.com

Cheers to The Onion, the greatest media outlet in the history of humankind

I’m not sure where you find the link on the app, but on the website you need to navigate to Opening Arguments and then the “membership“ page for yourself below that. It’s like halfway down

Melanie Gordon

@OpeningArgs- I’ve probably just missed it, but is there an RSS link for the ad-free show?

Tinkersdamn and Skel

I know he’s popped up a few times on Straight White American Jesus, and I *think* has a series with them? Check Axis Mundi’s site

Tinkersdamn and Skel

Thanks, I haven’t been on Reddit for a while so I hadn’t seen that. She was always fun to listen to on OA but I’m sure she’ll be doing other stuff so I’ll have to keep an eye out.

my patreon name was chosen by a court appointed receiver and it was absolutely the right call

we know that it's like "fawn-knee": “My name is actually Fani (fah-nee), Taifa is my middle name, and my last name is Willis. So, my father was a Black Panther, so he was very Afrocentric… my name is Swahili. Fani actually means ‘prosperous,’ and Taifa means ‘people’.” https://web.archive.org/web/20220707085825/https://southatlantamagazine.com/2021/01/20/fultoncountyda/ i think that was just an accidental slip-up (which happens, we're all human). but i noticed it too! and i'd appreciate attention on pronouncing her name correctly.

Jobu Tupaki

If you could change one thing about our current immigration system to make it better, what would it be and why? (No fair saying “open borders,” that’s like wishing for more wishes.)

Andrea Singletary

Is Fani Willis pronounced “Fawn” like a dear rather than “Fan” like a Fanny-pack?

Fort Teaser

The bio needs updating when you have a chance. Maybe a pinned tweet of some type would be worth the effort

Katie Byrum

I know it’s farther outside the realm of the show’s preview but the surprising antitrust ruling allowing the DOJ to block the JetBlue-Sprirt Merger

Scott Bindelglass

I would love to hear a breakdown of what the ICJ ruling in the South Africa/Israel case actually means. Most of the main stream reporting seems to downplay the implications, but a lot of the more lefty sources are saying that they basically ruled as much in South Africa's favor as was possible.

Jon

Adding an ask for a call to action beyond voting as this is a given (and is a debatable solution for short term aid).

Baba Corva

Deep dive suggestion: how SCOTUS has dealt with Religion v. A-Religion.

Andrew O

Is there any way to follow who are the rising stars and most important players of the judiciary?

Audrey Arnett

Kevin Spacey was ordered to pay the House of Cards production company $31 million for his on set behaviour and ruining the show's final season. In arbitration, they've reduced it to $1 million as long as he admits that "illness" caused him to leave the show so they can recoup the loss from the insurance company. Why would an insurance company accept this when it's on public record that's he's been let off a $30 million debt to make the claim? And if the insurance company refuses to pay, can the production company go back to Spacey for the $30 million?

Additional Patreon Name Here

Building on that with a broader question, what are the plans for other guests? Will we be hearing from any other previous OA guests?

Corrigible (OA Live Show New Orleans)

What do you think of the conviction of Jennifer Crumbly (mom of school shooter)? Tell us about your band. What do you play? And what type of music?

KeepingThePlatesSpinning

(To the latter, Teresa Gomez said on reddit "I can say for sure she will not be".)

Apprentice57

This is something I have wondered about too, how different would our justice system be if we focused on how we as a society failed the victim instead of trying to prove guilt and punish someone.

Melissa Hall

I couldn't say wether it would make a difference to my subscription (just resubbed 5 minutes ago) but will AT be automatically entitled to any share of future profits, or is that something that's subject to future negotiation?

Alex Cruise

TST had some issues back in 2018 cozying up to unethical lawyer Marc Randazza and defending Milo Y. I know there's people in our community who still have issues with them. I haven't followed how that was resolved but it's probably something that should be addressed if you have them on the show. https://www.vox.com/2018/8/9/17669894/satanic-temple-alt-right-marc-randazza-lawyer-lucien-greaves

Sam Johnson

Awesome, thank you Thomas! I can confirm that I can see the OA account again.

Jason Coughenour

My daughter-in-law had a very hard time finding work when she graduated, having been here on a student visa. Companies said the new rules by Trump made it harder to sponsor employees. Can you discuss what Trump changed and if Biden has addressed it?

Matthew from Talking About the Big Stuff Podcast

To add to this, what's the abolitionist approach to people who are harming others?

Emily

Matt, if you were to switch to another area of practice, what might it be?

Audrey Arnett

What Tiffany W said.

Babel Fish

As a listener that constantly has her heart broken when she hears stories like Jose and feels helpless and motivated, what do you suggest we do to be a part of the solution? In my case specifically I don’t have a law degree or money to throw at the problem and not even sure what skills I have that would be useful other than empathy and desire for justice. Do you know how or where you could point us as a call to action?

Tiffany W.

So much to say about this!

Matt Cameron

All accounts have now been unblocked!

Opening Arguments

I would LOVE this! Though I’m an atheist, I would enjoy hearing more about the Satanic Temple’s strategies in this regard. Additionally, I wonder if they could get standing to challenge the unfair religious charity tax exemptions not afforded to other nonprofits!

Mountain Granny

As someone who did pro bono work during the Sessions years, it would be interesting to consider doing an overview specific to gang violence-based asylum and how they've rubberbanded over the years (i.e., trying to argue being a target of gang violence as a PSG, then trying to argue being in a family targeted by gang violence as a PSG) or how the Trump administration cracked down on asylum claims based on domestic-violence via precedential BIA opinions.

Andrew O

At first I was wondering why you would pick a 50-something (long life notwithstanding 😊), but I think it is a mastery/experiential reason. Is that correct? (As a 57 yo can confirm that this is our super-power)

Mountain Granny

You are correct one SCOTUS Justice - though I now love the idea of scrapping the whole thing and starting over! For instance, I wonder what a criminal system that isn’t adversarial would look like!

Mountain Granny

Did you listen to the Supreme Court oral arguments this week re Trump's electoral eligibility in light of Colorado's decision that he is an insurrectionist? Any surprising dynamics at play among the justices? Are you sympathetic to the concern that a state could negate a candidate for other states, or do you think that courts would be able to prevent that kind of horseplay?

Andrew O

I assume you mean one SCOTUS justice, but now you've got me fantasizing about shipping the whole thing back for store credit! Justice-wise I would replace youngster Amy Comey Barrett with a reliable liberal in their early 50s who has a projected actuarial age of anywhere between 95-150.

Matt Cameron

Clarification Request: One SCOTUS Justice? or A Full SCOTUS line change?

Jared Bradley

Definitely got border & asylum episodes coming in the near future! Asylum law is very close to my bleeding heart and I really want everyone to understand what it really is (and isn't)

Matt Cameron

If one was blocked fron the OA Twitter account during the dark times, whats the best way of going about nicely asking to be unblocked?

Jason Coughenour

🤘🤘🤘 This is a great one! I'm sure I could get one of our local Satanic Temple acolytes on to rock this out with us.

Matt Cameron

oh man would I love to know the answer to this! The corollary in my other main area of expertise is the massive and inevitable quasi-to-actual fascist backlash which tends to follow generous immigration policies and for which I fear we're directly on track now. This is going to sound like a copout (ha) but I think I have to go with the abolitionist answer: we need to completely reframe the social concept of "crime" and work together to build a world in which its major drivers--poverty, addiction, despair, etc--are no longer serious factors. If that sounds naive that's because it probably is, but if no one is seeing that place now we'll never get there.

Matt Cameron

Lastly, any chance Andrew Seidel will return as a guest, and/or we get some separation of church and state coverage?

Steve S

As an immigration practitioner, what are your thoughts on what would lead to a more sustainable situation at the border? Should we even believe in borders?

Steve S

How do we avoid the seesaw of criminal justice reform and “tough on crime” reactions? Interested in the take from someone who works in criminal defense?

Steve S

I'd like to hear some discussion on state legislatures proposing bills banning public displays of satanic imagery and worship.

Mullet With Buffalo Wings

If you could exchange one SCOTUS who would you get rid of (& why), and who would you replace them with (& why)?

Mountain Granny

Will you start posting on Twitter again?

Steve is the word, is the word that you heard

Will OA now be supporting the PIAT-sponsored initiative this whole shitshow spawned?

Cimeryd

It may be too long, but I would be interested in Matt going over the history of the right to asylum and obligation to hear asylum claims, which the recent border proposal seems to be moving away from with its shutdown authority.

Steno Pun'd it

When I took professional ethics in law school, we were all told that requiring law students to take an ethics course was a response to the bad ethics thingies some lawyers did during the Watergate scandal. What effect, if any, do you think the current batch of clownhorning lawyers will have on legal education and/or admission to the bar? Also, any chance Mo Stringer will be back?

my patreon name was chosen by a court appointed receiver and it was absolutely the right call

Hi, Matt and Thomas, I have a question for Matt: You briefly mentioned you are a prison abolitionist, and I was wondering if you could expound on that a little bit more. Hey, maybe that subject could be a future deep dive. I have a general idea of the subject (from Olayemi Olurin's great YouTube videos), but I would love to learn more about it.

Carlos Guillot

What have been the top 5 most important legal stories since last February?

One, seven, three, four, six, seven, three, two, one, four, seven, six, Charlie, three, two, seven, eight, nine, seven, seven, s

Any Chance of getting Adam Klassfeld invovled, I hear he's looking for work...

127dot0dot0dot1

What does it mean that the profits are going to repair and accountability?

bleftbart


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