Serious Trouble

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week, both James Comey and Letitia James continue to seek dismissal of the criminal charges brought against them, and one argument they’ve both made will be considered by a judge from another state. We talk about why that's happening, we also discuss a lesson from the Barry Bonds steroids case that could be relevant for Comey, and we look at a complaint James has made about Halligan’s communications about grand jury proceedings to a reporter. That, plus a look at Ninth Circuit action in the national guard cases and a look at a sloppy defamation lawsuit from Paul Ingrassia, constitutes this week’s free show.Beyond the paywall, we talk about an effort from the D.C. bar to impose new burdens on law firms that might, theoretically, enter into settlement deals with the government, an dwhen a state could prosecute an ICE officer for breaking state law (not never, is the short answer), and our discussion of how some judges are now getting in trouble for their misuse of AI in drafting opinions.Upgrade your subscription at serioustrouble.show.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week in the free episode: the indictment of John Bolton and how it's pretty different from the Comey indictment, plus Trump's apparent demand that the Justice Department pay him $230 million for the indignity of being prosecuted.Paying subscribers also get to hear a dive into two wild NBA-related indictments that came down this week in the Eastern District of New York. One indictment alleges that conspirators, including an NBA coach and members of four of New York’s Italian mafia families, ran rigged poker games to fleece unsuspecting players out of millions of dollars. The other alleges a conspiracy to fraudulently bet on NBA games — or more specifically, on propositions about NBA games — through the use of inside information. Both of these cases have crazy factual details, and the NBA betting one also involves some interesting, novel legal issues.Also: an update on lawsuits over National Guard deployments (and some theories about why an unfavorable ruling for Gavin Newsom did not get a rehearing en banc), a look at the case demanding that Speaker Mike Johnson hurry up and seat the Democrat who won a special election in Arizona several weeks ago, and an update on Hunter Biden-related litigation.Visit serioustrouble.show to upgrade your subscription.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showLetitia James has been indicted, as President Trump’s retribution campaign continues. (So has John Bolton, but that happened after we recorded.) While the Bolton indictment has a forbidding, professional feel, the James indictment does not, and is likely to be vulnerable to some of the same attacks James Comey is raising against his own indictment. But then, is the point even to get a conviction? Plus: another US Attorney has been forced out for insufficient eagerness to investigate the president’s enemies, and the Wall Street Journal reports that Ghislaine Maxwell’s arrival to the Club Fed in Texas has made life less pleasant for the other inmates there.For paying subscribers, we look at Drake’s humiliating loss in his defamation lawsuit against his own record label, in which a federal judge had to explain to him how a rap battle works; a discussion of a split decision by a panel in the Sixth Circuit, saying schools may prohibit clothing with implied vulgarities (such as two students’ sweatshirts that declared “Let’s Go Brandon"); ICE enforcing a little-known law that green card holders must actually carry their green cards (apparently just with fines, so far); and the State Department bragging that it’s revoking visas held by non-citizens who said mean things about Charlie Kirk.There's also a preview of Josh's new podcast Central Air, a weekly politics chat from the center.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showJames Comey has been arraigned and has a trial date of January 5. Both his lawyer and the judge appear set on moving rapidly to trial, and the government is rushing to be ready. We discuss the motions it sounds like Comey's legal team will file, which likely will be helped by the message from the president demanding Comey’s prosecution that does really appear to have been intended as a private message for Attorney General Pam Bondi.Plus: we discuss Sean Combs' sentence and how to lobby for a lenient sentence when your client is very fortunate and prominent, without sounding like you’re saying the rich and famous deserve to get off easy.Paying subscribers get that and much more (upgrade your subscription at serioustrouble.show):* A look at an unexpected criminal complaint about the highly destructive Palisades Fire, in which federal prosecutors allege that an Uber driver set a smaller fire that begat the major fire.* Temporary restraining orders in the case over Trump’s effort to deploy national guard troops to Portland, and what appeals courts are likely to do with them.* What to make of Supreme Court’s choice to finally take on the Lisa Cook case, and the procedural split it is likely to emphasize among the court’s conservative justices as they ponder what to do with the special, unique, quasi-private institution in a long historical tradition that is the Federal Reserve.* A lengthy and forceful appeals court ruling upholding birthright citizenship.* Another vindictive prosecution claim that has legs, this time from Kilmar Abrego Garcia.* And a Kardashian-Jenner-Ray-J RICO-defamation case. Wow!

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showWe know more this week about indictment of James Comey. Maybe the grand jury vote was weak, but an indictment is an indictment, right? Maybe not. We discuss how Comey’s attorneys are likely to seek dismissal of the indictments. Meanwhile, we have some more detail on how the FBI came to be conducting a public corruption investigation into Tom Homan when he wasn’t even a public official. That — plus a discussion of Jeanine Pirro’s unusual use of a local grand jury to obtain a federal indictment in Washington D.C. — is this week’s free show. For paid subscribers, we also discuss:* The Trump administration’s novel use of the Freedom of Access to Clinic Entrances Act to sue pro-Palestinian activists who ended up in a brawl outside a New Jersey synagogue;* Judge William Young’s righteously angry ruling holding that the Trump administration has violated immigrants’ First Amendment rights by revoking their visas over their protest activity;* Google’s high-dollar settlement of a case about YouTube that Donald Trump already lost, which will be used to finance the grand new ballroom at the White House;* Smartmatic’s partial summary judgment win against Mike Lindell over his stolen election claims; and* Harvard’s countersuit against former Harvard Business School professor Francesca Gino, whom they de-tenured over research fraud, most famously including a fraudulent paper about dishonesty.Sign up for our full-length episodes at serioustrouble.show

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showJames Comey has been indicted, charged with making a false statement and obstruction of justice. Now, the government will try to prove he lied to Congress when he said he never “authorized someone else at the FBI to be an anonymous source in news reports” about the investigation of Hillary Clinton’s emails, even though he had, in fact, authorized “Person 3” to do this. But — who will prosecutors say Comey did authorize?That’s our conversation for free listeners. Paying subscribers also get our conversation about:* The Trump administration’s motion for the Supreme Court to issue a stay letting them kick Lisa Cook off the Federal Reserve Board for now, and the ways the court may try to avoid having to weigh in on the exact special, unique historical nature that makes the Federal Reserve special, unique, and not subject to the decision it’s surely about to issue overturning Humphrey’s Executor;* The guilty verdict against Ryan Routh and a judge’s admonishment of prosecutors in the case against Luigi Mangione;* What legal exposure Tom Homan could have faced if he really accepted $50,000 cash in a Cava bag; and* Updates on Trump’s try-hard defamation litigation against the Wall Street Journal and the New York Times.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showDisney has “indefinitely” ceased airing Jimmy Kimmel Live under pressure from FCC chairman Brandon Carr and from Nexstar and Sinclair, two major owners of ABC affiliate stations, which themselves faced significant pressure from Carr. It is illegal for federal officials to “jawbone” private actors into punishing other private actors for their speech, but for relief to be possible, there has to be a pretty clear connection between the jawboning and the speech restriction. Listen for our analysis, and who could even sue here.Paying subscribers, there’s much more this week including:* Our look at the first criminal charges against Tyler Robinson, who faces the death penalty in Utah.* A look at Donald Trump’s new defamation lawsuit against The New York Times, and Nina Jankowicz’s loss on appeal in her suit against Fox News (about which she is incensed).* Why Lisa Cook remains on the Federal Reserve Board, for now (it has to do with the Fed being a special, unique entity in a long historical tradition).* The reason for the dismissal of terrorism charges against Luigi Mangione, and a look at why, in New York, a trial court is “Supreme” but premeditated murder is merely “second degree.”* And why Judge Tanya Chutkan found there was nothing she could do for migrants whose removals to Ghana sure appeared designed to get them back to their home countries, despite having court orders prohibiting their removal to those countries.Visit serioustrouble.show to upgrade your subscription.

This week’s show takes a look at federal charges in the widely discussed Charlotte train murder case. Murder, of course, is not generally a federal crime, but because the murder happened on a train, the Feds have charged it as a violation of 18 USC § 1992, which prohibits “an act, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person” in various transportation-related places, including on train tracks.Meanwhile, the Supreme Court will soon weigh in on the IEEPA tariffs case — the court has set a fast briefing schedule and will hear arguments in June. Also in this episode: The Babylon Bee lawsuit that got California’s anti-deepfake law thrown out as unconstitutional; FBI agents suing over their political terminations (and why they stand a better chance in the courts than the various fired commissioners); the collapse of Michigan’s fake elector prosecution; another court decision upholding a judgment E. Jean Carroll won from President Trump; and the unhinged pro-se filings from would-be Trump assassin Ryan Wesley Routh (filed, of course, to Judge Aileen Cannon).Visit serioustrouble.show to find a transcript of this episode. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

This week: Jeanine Pirro has returned to her roots as a prosecutor, but prosecutors in her office have failed to secure felony indictments in at least three cases they brought to grand juries, including the case of “Sandwich Guy” Sean Dunn, who will face only misdemeanor charges for launching a submarine sandwich at a CBP officer.Trump lost another appeal related to many of his tariffs (IEEPA!); Trump’s weird lawsuit against federal judges in Maryland was thrown out; Alan Dershowitz lost his appeal of his defamation lawsuit against CNN; Kash Patel’s girlfriend Alexis Williams has filed a Macron-like lawsuit against a conspiracy theorist who says she can’t actually be attracted to him; the Trump administration continues to try to deport Kilmar Abrego Garcia; and we take a look at the administration’s new tool for pursuing political enemies: allegations of mortgage fraud.Visit serioustrouble.show to find episode transcripts and sign up for updates. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

As Eric Adams says, New York is the Zagreb of America. People from all over the world come to New York to make their dreams come true. And sometimes, those dreams are illegal. Today we talk about the second indictment for longtime Adams consigliere Ingrid Lewis-Martin for taking a TV series cameo in exchange for impeding a street safety redesign that would have complicated access to co-defendants Gina and Tony Argento’s Broadway Stages in Greenpoint, Brooklyn. Other aides are swept up in that case too. And then there's Winnie Greco, Adams’s longtime liaison to the Chinese-American community, who apparently tried to give approximately $140 to reporter Katie Honan of THE CITY, a sum that was placed in a red envelope stuffed inside an empty bag of potato chips.Greatest city in the world.In non-Eric Adams news, John Bolton’s home outside Washington D.C. was raided by the FBI early Friday morning, apparently searching for classified documents. Ken and I discuss what showings the DOJ must have made to get the search warrant. Plus: Kilmar Abrego Garcia’s arguments that he is being subjected to selective and vindictive prosecution, an appeals court in New York threw out the nearly half-billion dollar disgorgement penalty against Trump and his businesses, Newsmax will pay $67 million to Dominion Voting Systems to settle defamation litigation about the 2020 election, and a judge’s decision that Alina Habba isn’t the US Attorney for New Jersey, and we look at a favorable ruling for the beleaguered Media Matters for America.Visit serioustrouble.show for a transcript of this episode. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

Judge Paul Engelmeyer has refused the Trump administration’s request to release the grand jury transcripts from Ghislaine Maxwell’s prosecution. He notes forcefully that he’s reviewed the grand jury transcripts and there’s no there there — everything of interest disclosed to the grand jury became public at trial. Indeed, the only reason Engelmeyer considered releasing the transcript was that it would serve the public interest of showing the government had been lying about what’s in the transcript. But he said that wasn’t necessary, either, because the government ultimately admitted in subsequent filings that the transcript didn’t contain interesting information. So what, exactly, have we been doing here?In other news, some idiot threw a sandwich at a CBP officer sent by Trump to patrol the streets of Washington and the Justice Department is hot to make an example him. Laura Loomer’s defamation suit against Bill Maher continues.Plus: tariffs, a look at a couple of favorable rulings for Trump out of the DC Circuit Court of Appeals, an update on US Attorney Bill Essayli’s effort to keep former Los Angeles County Sheriff’s Deputy Trevor Kirk out of prison, and the misfortune of Mohamed Bahi, an aide to Eric Adams who does not seem to enjoy the same protection from federal justice that Adams himself has.Visit serioustrouble.show to find episode transcripts and sign up for updates from us. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

This week Ken and Josh discuss the next steps the Trump administration may be considering to deal with the Epstein mess: what to do about the files, what to do about the transcript of Todd Blanche's meeting with Ghislaine Maxwell. Maxwell, who was moved to a much nicer federal prison, has a colorable argument that her conviction should be thrown out because she was supposed to be covered by the sweetheart deal Jeffrey Epstein cut with federal prosecutors back during the Bush administration.Plus: Jack Burkman and Jacob Wohl are pleading no-contest to Michigan state crimes relating to their voter-suppression robocalls, the Ninth Circuit has denied the government a stay with regard to the temporary restraining order restricting the grounds on which ICE can detain suspected illegal migrants, and in the Valley, former NBA star Gilbert Arenas has been indicted for running an illegal poker game, updates in the Trump v. Murdoch case and regarding an apparent DOJ investigation into James Comey.Visit serioustrouble.show to sign up for our newsletter and find a transcript of this episode. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showGhislaine Maxwell has sat for a meeting with Deputy Attorney General Todd Blanche, who not very long ago was serving as President Trump’s personal criminal defense attorney. The idea seems to be that Maxwell could offer some “help” getting to the bottom of the Jeffrey Epstein scandal in exchange for some sort of leniency. That’s for free subscribers. For paying subscribers this week, there’s much more:* Emmanuel and Brigitte Macron’s libel suit against Candace Owens* The machinations that have kept Alina Habba in charge, for now, at the US Attorney’s Office in New Jersey* Another ruling blocking the administration’s effort to restrict birthright citizenship* A strange Supreme Court order saying lower courts should do a better job inferring what its decisions on the shadow docket mean, and a concurrence from Justice Kavanaugh that says the lower courts really do need more guidance — guidance that only a more proactive and meddlesome Supreme Court can provide.To get the whole episode, go to serioustrouble.show

Donald Trump has sued the Wall Street Journal over its story saying he wrote a weird poem to Jeffrey Epstein and drew a caricature of a naked woman with his own signature as her pubic hair as part of a book wishing a happy 50th birthday to the New York financier. Ken and Josh discuss the suit, which looks more like an exclamation point on his claims that he never even liked that Epstein guy! than a serious effort to win damages from (or extort) the Rupert Murdoch empire. Meanwhile, Trump is seeking the release of grand jury testimony from the investigations into Epstein and his henchwoman Ghislaine Maxwell — a release that wouldn’t be likely to include any books of ribald poetry.Also this week: Trump’s lawsuit against Bob Woodward and Simon & Schuster — claiming that Woodward and S&S violated Trump’s copyright by publishing the audio of interviews Trump thought were only for use in a written book — has been dismissed; Trump is facing difficulty with another novel application of IEEPA — this time, not tariffs, but an effort to sanction the International Criminal Court, there’s a certified class in the birthright citizenship litigation; a federal judge in California says ICE can’t pick people up just because they look Mexican; and some government immigration lawyers have started appearing anonymously in immigration court; an extra-bizarre civil RICO suit against Eric Adams and the NYPD, from Adams’s own ex-interim NYPD commissioner; Douglass Mackey, a.k.a. “Ricky Vaughn,” has won an appeal of his conviction for trying to trick Hillary Clinton voters into “voting” by text.Visit serioustrouble.show for a transcript of this episode. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

This week, we discuss the mostly favorable verdict for Sean Combs, a.k.a. P. Diddy and his upcoming sentencing. In another bizarre sex-related case, two founders of OneTaste, a new-age-female-empowerment-business-slash-sex-cult, have been convicted of coercing their employees into sex acts.Also this week: an update on D.H.S. vs. D.V.D., a case where the Supreme Court’s orders have been fairly inscrutable and the litigants have now been deported to South Sudan; another shadow docket victory for the administration; the Trump administration’s lawless claim that it can waive the TikTok ban and how there’s probably no way for their action to be remedied in the courts; what can be done when a president extracts bribe-like payments from corporations; and we look at the trouble the administration created for itself by fanning the flames of Epstein conspiracies it now can’t document.Visit serioustrouble.show to sign up for updates and to access episode transcripts. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showFor all subscribers: a discussion of the Sean Combs jury deliberations and a look at the 6-3 Supreme Court ruling in Trump v. CASA that says trial courts (generally) can no longer issue nationwide injunctions. As Ken and I discuss, the ruling is sure to greatly change how aggressive executive branch actions get litigated, but the exact nature of the change is not yet clear.Paying subscribers also get a look at Gavin Newsom’s new defamation suit against Fox News (sigh), Donald Trump’s gambit to get his lawsuit against Iowa pollster Ann Selzer back out of federal court, an update on the cooperating witness against Kilmar Abrego Garcia, Trump’s weird lawsuit against all the federal judges in Maryland, and Susman Godfrey’s victory in court over Trump’s executive order seeking to punish the firm.Sign up at serioustrouble.show to get the full episode.

More shadow docket news on this week’s show: The Supreme Court’s conservative majority blocked an order from a federal judge in Boston that had imposed due process requirements when the Trump administration tries to deport migrants to countries other than their countries of origin. As is often the case with shadow docket orders, the judges in the majority did not explain their reasoning, leaving the lower courts without clear guidance on what to do next: was the order blocked because the class of affected detainees was too broad, or for some other reason?Plus: an update on California’s litigation over federalization of the National Guard, a look at the whistleblower allegations against now-federal-judicial-nominee Emil Bove, a look at the bail decision for Kilmar Abrego Garcia (who’s likely to end up in ICE custody regardless), and a discussion of the Trump administration’s decision (and Joe Biden’s decision) not to assert executive privilege as the House Oversight Committee looks into theories about autopen use in Biden’s administration.Go to serioustrouble.show to sign up for our newsletter and join the conversation. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

It’s been a big week for some of the dumber litigation we follow around here. It’s not all dumb — we start with an update on California’s litigation over the deployment of the National Guard in Los Angeles, where the state has gotten relief at the trial court level but faces a tough road in the appeals courts. And we look at a case in Boston where a federal judge has blocked, for now, the cancellation of certain grants the National Institutes of Health have deemed excessively DEI-related.Then we have updates on Mike Lindell, who says the $2.3 million defamation judgment against him is actually a victory; Michael Avenatti, who appealed his sentence and got it reduced very slightly (rare win!); and various Proud Boys, who made the mistake of hiring a felon to be their lawyer; some weird drama at the Second Circuit Court of Appeals, where Judge Stephen Menashi is really annoyed his colleagues didn’t want to reopen the E. Jean Carroll litigation. And we look at juror drama at the P. Diddy trial. And — most excitingly — Josh makes Ken talk about the Real Housewives.Visit serioustrouble.show to sign up for our newsletter and find a transcript of this episode. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

Donald Trump has activated the National Guard in California over the objections of Governor Gavin Newsom, and Newsom has sued, claiming the activation is illegal. Ken and Josh discuss Newsom's chances of prevailing against the president's broad authority to use the military for various purposes. Meanwhile, union leader David Huerta has been charged for his actions of civil disobedience. One of Huerta’s legal problems stems from his choice to yell at the federal agents, “What are you going to do, arrest all of us?”Also this week: Trump has gotten stays from appeals courts blocking the implementation of unfavorable rulings in cases about the IEEPA tariffs and the disfavoring of the Associated Press at White House events. Kilmar Abrego Garcia is back in the U.S. to face trial, the Young Thug RICO saga has finally breathed its last whimper, some Proud Boys are seeking their own settlement payout from the Trump administration, and the Trump DOJ is devoting a surprising amount of legal firepower to a civil rights action against a coffee shop owner / Hamas fanboy in Oakland (who, it seems, really did illegally discriminate against Jewish customers).Visit serioustrouble.show to sign up for our newsletter and find a transcript of this episode. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe

In the ongoing defamation trial of Mike Lindell, who accused Dominion Voting Systems employee Eric Coomer of personally conspiring to steal the 2020 election from Donald Trump, Lindell isn't bothering to argue that his claims were true. Instead he's saying he believed them at the time he said them. Is that a good defense?Plus: a federal appellate decision upholding an injunction against Texas Attorney General Ken Paxton's efforts to harass the pressure group Media Matters for America over its campaign against Elon Musk, an unsuccessful lawsuit against the University of Pennsylvania claiming the school fostered an anti-semitic environment, the Trump administration's odd dealings with the Harvard Law Review, and a look at a couple of articles about the ongoing fallout from the decisions by major law firms to settle with the Trump administration over its transparently illegal executive orders against them. We also have updates on ongoing litigation over Trump's tariffs, and a look at the seven-year sentence for 87-year-old disgraced lawyer Tom Girardi.Visit serioustrouble.show to find a transcript and sign up for our newsletter. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.serioustrouble.show/subscribe