This Guy Beat Qualified Immunity Twice, in Two Different Circuits

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.

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.

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.

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.

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.

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.

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!

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!  

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!

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!