Does OA Owe Amy Coney Barrett An Apology?
Opening Arguments
Opening Arguments Media LLC
4.3 • 3.7K Ratings
🗓️ 12 January 2026
⏱️ 120 minutes
🧾️ Download transcript
Summary
OA1225 - Jenessa is here to dig deeper into Van Buren v. United States as we explore the implications and meaning when legislative deliverables, legal analysis, work industry, and general common sense push and pull in different directions. We had a lot of questions and comments on the original Van Buren episode from the community, so we thought it would be fun to spend some more time and battle it out!
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Reviving Lenity - Daniel Harawa, SCOTUSBlog (Dec 26, 2025)
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US v Rodriguez, 628 F.3d 1258 (11th Cir. 2010)
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US v Nosal, 676 F.3d 754 (9th Cir. 2012)
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US v Nosal, 844 F.3d 1024 (9th Cir. 2016)
Further reading:
W. Cagney McCormick, The Computer Fraud & Abuse Act: Failing to Evolve with the Digital Age, 16 SMU SCI. & TECH. L. REV. 481 (2013).
Check out the OA Linktree for all the places to go and things to do!
Transcript
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| 0:00.0 | What do I think Congress meant? |
| 0:05.8 | And what Congress meant might have been dumb as shit. |
| 0:17.9 | I think she doesn't realize that that's just restating the problem if you think authorization |
| 0:22.5 | Exactly. |
| 0:23.6 | Has a necessary purpose in it. |
| 0:33.8 | Hello and welcome to opening arguments. |
| 0:35.4 | This is episode 1225. |
| 0:37.2 | I'm your host, Thomas Smith. |
| 0:38.4 | It's Monday, and lately that has meant a deep dive with Janessa. |
| 0:42.7 | We've been trying to do the old-fashioned deep dive that isn't necessarily the here and now everyday horror of politics. |
| 0:51.7 | And I've been really enjoying it. |
| 0:53.0 | I hope you have as well. |
| 0:54.1 | I got to say, this week I questioned whether or not I've been really enjoying it. I hope you have as well. I got to say this |
| 0:55.0 | week I questioned whether or not I should maybe preempt that because I, like I'm sure all of you, |
| 1:00.4 | I'm just really, really upset about ICE murdering a mother in cold blood. I was very tempted to |
| 1:07.0 | honestly just do commentary myself because I'm so upset about it. But in the end, I thought, |
| 1:12.3 | why don't we keep the Monday format, the Monday format precisely because of what it's meant to do |
| 1:17.8 | in that it's meant to get back to why so many of us love to learn about the law and talk about |
| 1:23.2 | the law and discuss the arguments. And not only that, we're for sure going to be doing plenty about |
| 1:28.5 | the killing of René Good and horrible legal takes about that situation and ICE in general. So |
| 1:33.8 | there's going to be plenty of that. So in the end, I've decided to air something Janessa and I |
| 1:38.3 | recorded off the heels of the previous Van Buren episode that got so much fun interaction and a lot of people I think had as |
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