The USPS Ballot Scheme Was Even Worse Than You Thought

OA1298 - Voting rights attorney Jenessa is back, and she has some genuinely good news: the USPS mail-in ballot scheme appears to be dead on arrival. But the details of how badly it was bungled, revealed in a pair of explosive whistleblower reports, are something else entirely. Among the highlights: oral instructions only (nothing in writing), batch rejection of ballots for a single misscanned barcode, and a training video that promises key data gaps will be filled by, quote, "supplemental magic." Then: a USCIS whistleblower reveals an unlawful voter-fraud investigation targeting naturalized citizens, run on private corporate databases and vibes. And finally, Missouri's redistricting saga has devolved into contempt hearings, dueling maps, and a secretary of state who apparently needed a judge to explain that "evaluating options" is not a compliance plan. Cases and sources discussed: USPS Mail-In Ballot Rule litigation USPS Whistleblower Report (Whistleblower Aid) USCIS-FDNS Whistleblower Report Maggard v. Missouri (Missouri Supreme Court) Missouri redistricting contempt hearing audio Check out the OA Linktree for all the places to go and things to do!

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!

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!

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!

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!

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!

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!

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!

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!