Serious Trouble

Josh Barro and Ken White

An irreverent podcast about the law

  • 40 minutes 29 seconds
    Short Staffing

    Acting US Attorney for the District of Columbia Ed Martin continues to make bizarre and political use of the DOJ for Trump’s political purposes — this time, he's trying to impanel a grand jury to hear evidence about heated political remarks Sen. Chuck Schumer made in 2020 about Supreme Court justices. It hasn't worked, and neither has his effort to get a magistrate judge to approve a warrant to freeze the bank account of an environmental organization. Plus: why lawyers working on EO litigation may be showing up unprepared, Tina Peters, George Norcross III, and where to sue if you have a Brazilian business dispute.

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    5 March 2025, 3:13 pm
  • 39 minutes 50 seconds
    The New George Santos

    The Trump administration continues to ice out the Associated Press, and now the AP is suing. We discuss how the administration changed its argument (not great, from a policy perspective, but it may actually put the White House on stronger legal ground). Ed Martin — the conservative activist serving as acting US Attorney for the District of Columbia, whom Trump has named to be the permanent US Attorney for that district — continues to send out weird, threatening letters about non-criminal behavior by Democrats. Ken has instructions about what you should do if you get such a letter.

    Plus: Eric Adams now wants the charges against him dismissed with prejudice; Sam Bankman-Fried has a theory of why he, too, deserves special dispensation from the Trump administration; FIRE mounts a robust defense of pollster Ann Selzer; the Trump administration continues to face difficulty in the courts with its executive orders; and soon-to-be-long-suffering federal Judge Ana Reyes (last seen scolding the attorneys for inspectors general suing the administration) has drawn the ire of the administration itself for being too mean to them in court.

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    27 February 2025, 6:58 pm
  • 38 minutes 13 seconds
    Not Like U.S. Attorneys

    Emil Bove's weaponization of the Justice Department is leading to resignations, including of a former protégé; Pam Bondi's bark is worse than her bite; Alex Spiro is a good lawyer.



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    19 February 2025, 4:29 am
  • 42 minutes 42 seconds
    Everyone Is Fired

    This week: more firings — dozens of DOJ line prosecutors who worked on January 6 cases. Trump’s flurry of executive actions has drawn a flurry of litigation, much of it related to the Administrative Procedure Act. States and grantees are suing to stop the OMB funding pause, and finding success so far. Unions representing government workers are suing Elon Musk’s access to their information. Several anonymous FBI agents are even suing to stop disclosure to Trump officials of which cases they worked on, and a lawsuit fighting Trump’s executive order defunding grants related to DEI. The actions of the DOGE team seem like they might be illegal on several dimensions, and we discuss threats from acting US Attorney Ed Martin to bring bogus investigations against people who commit offenses like disclosing the names of people who work for Elon Musk.

    Finally, we take a look at the assist the FCC is giving Trump as he seeks to shake down Paramount, and we recognize another recipient of the Senate Twink Memorial Award for Belatedly Good Judgment. Head over to serioustrouble.show to find an episode transcript and sign up for our newsletter.



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    5 February 2025, 11:02 pm
  • 34 minutes 42 seconds
    Settlements and Separations

    Just a week and a half back into the presidency, Donald Trump has seen to it that various federal prosecutors who were involved in prosecuting him have been fired. Can he do that? Also: the DOJ continues to drop cases against defendants who enjoy Trump’s political favor, so other defendants and convicts are trying to curry Trump's favor, including former Sen. Bob Menendez, who was just sentenced for a bribery scheme that didn’t even involve a Mercedes E-Class. And Meta has paid a large settlement to Trump — mostly going to his presidential library foundation — in what looks like a strategic payment to get back in the president’s good graces, since Trump’s underlying lawsuit against the company was quite bogus. Finally, we look at Devin Nunes (remember him?) losing in court again, and at the question of whether there is even a federal payment freeze for the federal courts to stay anymore.

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    31 January 2025, 5:39 pm
  • 21 minutes 22 seconds
    Thank You For Suing, Drake
    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show

    It's the first Serious Trouble of the new Trump administration. We start with a discussion of pardons: the ones Joe Biden gave on his way out of office and the ones Donald Trump gave on his way in.

    For premium subscribers: the Jack Smith reports (the one about the January 6 prosecution which was released publicly, and the one about the documents prosecution, which Judge Aileen Cannon has blocked from being released to Congress), New York Mayor Eric Adams’ overt campaign for a pardon, a defamation lawsuit that CNN lost (and apparently deserved to lose, says Ken), and finally, we express our thanks to Drake for filing consistently entertaining legal actions that we get to cover — in this case, a defamation lawsuit against his own music label.

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    24 January 2025, 10:02 am
  • 30 minutes 19 seconds
    Unconditional Discharge

    The Supreme Court declined to save Donald Trump from being sentenced in his New York criminal case, but the justices said that decision was in part because there wasn’t much to save him from: Judge Juan Merchan had indicated that he would sentence Trump to an unconditional discharge, i.e. no punishment. In other Trump-criminal-case-wind-down news, Judge Aileen Cannon has continued to make trouble for DOJ officials seeking to release parts of a report about Trump’s two federal criminal prosecutions. Plus: Smartmatic’s defamation case against Fox News (and Fox Corporation) moves closer to trial; an FBI informant lied to the government about Joe and Hunter Biden receiving $10 million in bribes from Ukrainian sources and he was also evading taxes, and so he ended up being prosecuted by the same prosecutor who was prosecuting Hunter Biden for evading taxes, and he pleaded guilty, and now he's been sentenced; and Rudy Giuliani is now in double contempt, in federal courts in New York and Washington.

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    14 January 2025, 12:52 am
  • 39 minutes 43 seconds
    I Am Not In Serious Trouble

    It’s already a busy 2025 for some of our favorite characters. On this episode: Rudy Giuliani has been held in contempt in proceedings in Judge Lewis Liman’s courtroom, where he has stalled the liquidation of his assets for the benefit of two women he defamed. Donald Trump gets an "unconditional discharge" penalty from Judge Juan Merchan and is trying to stop the release of Jack Smith's report. George Santos asks a judge to delay his sentencing so he can develop and monetize his podcast (!), Eric Adams wants to know who's accusing him of what, and finally: did Josh defame Luigi Mangione?

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    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
    10 January 2025, 3:44 pm
  • 27 minutes 45 seconds
    Petite Policy
    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show

    Welcome to the first Serious Trouble episode of 2025! For all subscribers this week, Ken and Josh discuss Luigi Mangione’s indictments in both Pennsylvania and New York, and he’s also the subject of a federal criminal complaint. Both New York and the Feds look eager to prosecute him, and there’s going to be wrangling over who gets to go first, with an important difference in the stakes — he’s facing a capital federal charge, while New York does not have the death penalty. New York’s top count — murder as an act of terrorism — poses some challenges for the state to prove.

    For paying subscribers: The dueling lawsuits brought by the actors Blake Lively and Justin Baldoni, each accusing the other of wrongdoing during and after the making of their hit film “It Ends With Us;” a discussion of the appellate ruling that upheld one of the judgments E. Jean Carroll won against Donald Trump; a look at why Matt Gaetz, even after resigning from Congress, couldn’t block the release of the ethics committee report that alleges he had sex with a 17-year-old in violation of Florida law; and an update on the civil lawsuit against Jay-Z, who will continue to defend himself against a rape allegation from an anonymous plaintiff — and about how his hyperaggressive lawyer, Alex Spiro, is pissing off Judge Analisa Torres.

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    3 January 2025, 4:43 pm
  • 48 minutes 35 seconds
    An Expensive Settlement

    This is our last episode of 2024! We'll be back right after the new year to discuss new messes. Today, we look at the substantial settlement that Disney-owned ABC has agreed to pay over George Stephanopoulos’s repeated assertions that Donald Trump had been found “liable for rape” by a jury or juries. And Trump sues CBS, Ann Selzer and the Des Moines Register. Plus: Judge Juan Merchan has ruled that the Supreme Court decision establishing a sphere of presidential immunity does not compromise the guilty verdicts Trump faced in his court — we discuss the reasons. Meanwhile, Mike Flynn has lost an incompetently-litigated defamation case against Rick Wilson; a Blue Cross customer faces criminal charges for telling a call center worker “you people are next” in an argument over a claim denial; and Ingrid Lewis-Martin, Eric Adams’ longtime right-hand woman, continues to find ways to annoy Ken by not shutting up about her impending criminal charges.

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    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
    18 December 2024, 6:24 pm
  • 41 minutes 17 seconds
    Six-Pack Abs Can't Save You Now, Luigi

    People get really weird when a murder suspect is hot, huh? Luigi Mangione needs to be extradited to New York, and he’s resisting that — we discuss why it can make sense for a defendant to delay the inevitable. Also in New York, Daniel Penny has been acquitted of criminally negligent homicide in the killing of Jordan Neely. Juries can get weird. Plus: InfoWars may not be sold to The Onion after all, an expert witness in AI used AI to write his testimony and it hallucinated some fake cases (oops!), we have learned that John Doe is Jay-Z, and some Trump associates are now facing charges in Wisconsin related to defrauding the fake electors.

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    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
    13 December 2024, 10:00 am
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