An irreverent podcast about the law
Some of the Epstein files have been released, but there's a lot of blacked-out text and pictures. The Justice Department is supposed to redact certain information but of course there’s the ever-present question of whether all redaction “errors” are errors, or whether this administration has its thumb on the scale for the president.
Also in this episode: the Pulitzer Board requests President Trump's medical, financial and tax records, an LA man who towed an ICE vehicle around the block during a raid was acquitted of stealing government property, Milwaukee Judge Hannah Dugan was convicted in federal court of obstructing an effort by federal immigration agents to detain someone she had called to her courtroom. And Caroline Ellison, former partner to Sam Bankman-Fried in multiple senses of the term, has been sprung from Club Fed in Danbury, Connecticut. Speaking of SBF: apparently he’s transformed himself into something of a jailhouse lawyer but he seems to be about as good at jailhouse lawyering as he was at crypto investing.
Finally, we look at a maybe-not-so-fearsome terrorism indictment and we discuss the ongoing contempt saga that has caused Ken to feel a surprising emotion regarding Charles C. Johnson: pity.
A grand jury has refused to indict Letitia James — no, this isn’t a repeat of last week’s email; it just happened again since we last recorded. This time, it’s a different grand jury, and we discuss further impediments to the resurrection of the cases against her and James Comey. That, plus a discussion of the unlikely-to-matter pardon of former Colorado election official Tina Peters, is for free subscribers this week. Paid subscribers also get:
* A look at a lawsuit from the National Trust for Historic Preservation which aims to stop the construction of Trump’s new White House ballroom.
* Another trial court win for Gavin Newsom as he tries to end Trump’s activation of the California National Guard (though the outlook in the appeals courts is more dubious).
* Costco’s lawsuit seeking return of its tariff payments under IEEPA, and why Costco would sue now, long after a few plaintiffs stood up to bring a test case but before the Supreme Court rules on it.
* And the order that has, for now, freed Kilmar Abrego Garcia to return to Maryland.
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This week: more news in the Letitia James and James Comey cases. DOJ tried to re-indict James, but they got a no-bill, and in the Comey case, the government is a bit held up by a motion from Comey's sometime-lawyer and friend. Meanwhile, Lindsey Halligan is still running around, acting like she’s the U.S. Attorney (even though the fact that she isn’t is why these cases got dismissed), but Alina Habba has thrown in the towel, moving to main Justice to advise Pam Bondi and declaring “you can take the girl out of New Jersey, but you cannot take the New Jersey out of the girl.”
Also this week: charges against Brian Cole Jr., who’s accused of the attempted pipe bombings at the RNC and DNC nearly five years ago; shadow docket action that saved Republicans’ Texas remap; super troll Charles C. Johnson’s latest misadventures that have landed him in jail for contempt of court; and why an embarrassing policy report about Rep. Nancy Mace's airport meltdown became public.
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The criminal cases against James Comey and Letitia James were both dismissed, without prejudice, on the grounds that former insurance attorney Lindsey Halligan was never properly appointed as an interim US Attorney. Trump’s Justice Department has options, and we talk through them. That conversation is for free listeners. For paid subscribers this week, we also address:
* A rare favorable ruling for the Trump administration from Judge James Boasberg.
* Eric Swalwell’s lawsuit against Bill Pulte
* Peter Skandalakis’s tortured-but-ultimately-convincing, argument that the Georgia RICO case is terminal and should be taken off life support.
* Megan Thee Stallion’s “big” ($59,000) win in her defamation lawsuit against a live-streamer
* Probation for Jacob Wohl and Jack Burkman, and
* A sharply-worded minute order from Judge Amy Berman Jackson trying to ensure that she won’t be the only long-suffering person around these parts.
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Now that Congress has voted overwhelmingly to require the release of the Epstein files, we discuss what’s likely to be in those files, what the administration might do to undermine the intent of the law requiring release, and whether we really ought to learn so much about this case. That conversation is for free subscribers.
Paying subscribers get much more this week — a look at the rapidly increasing number of problems with the James Comey indictment, an update on the National Guard cases, and an interesting question from the Supreme Court about the meaning of a law restricting the president’s ability to deploy it over a governor’s objection. We look at a really, really intemperate dissent in the Texas redistricting case, an update on Tina Peters, and we look at two defamation cases, one where Trump has again lost to CNN, and one brought by rapper Megan Thee Stallion against a Twitch streamer who, in the eyes of the state of Florida, does not count as a media outlet.
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Sandwich Guy is free! Sean Dunn was acquitted of simple assault by a jury of his peers. Meanwhile, Lindsey Halligan continues to face difficulties in her case against James Comey, and the Justice Department generally is having trouble finding a sufficient number of qualified attorneys. That’s all in this week’s free show.
There’s much more this week for paying subscribers, including:
* A look at why Justice Ketanji Brown Jackson chose to delay a ruling that would have forced the Trump administration to pay SNAP benefits.
* U.S. Senators voted themselves a legal right to sue if the government obtains their phone records, and the House grudgingly went along. The provision might get repealed after an outcry. But if it doesn't, does that violate the 27th Amendment? And even if it does, is there any recourse?
* The adventures of Bill Pulte.
* Federal pardons for participants in fake elector conspiracies (who really mostly need to worry about state charges anyway).
* Another victory for Ann Selzer.
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On this week's show for everyone: two court decisions direct the Trump administration to continue sending SNAP (food stamp) funds to states and the administration has chosen not to appeal these orders — likely not relishing the politics of withholding SNAP funds — but the legal situation may get more complicated if the shutdown does not end soon. Plus: more motions from James Comey.
For paying subscribers: legal wrangling over federal immigration enforcement in Chicago; some AUSAs who were placed on leave for daring to call January 6 a “mob” “riot” in a sentencing memo; a Tennessee man who spent a month in jail on the extremely thin claim that a political meme he posted was a terroristic threat; and the strange scandal of now-former FDA official George Tidmarsh and Aurinia.
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This 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.
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This 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.
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Letitia 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.
James 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!