Serious Trouble (private feed for Sbsweaty@gmail.com)

Serious Trouble (private feed for Sbsweaty@gmail.com)

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An irreverent podcast about the law from Josh Barro and Ken White. www.serioustrouble.show

Episode List

Snap Decisions

Nov 4th, 2025 4:45 PM

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showOn 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.Upgrade your subscription at serioustrouble.show.

Literal Truth and Theoretical Conflicts

Oct 30th, 2025 7:41 PM

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.

Insider Betting

Oct 25th, 2025 3:31 PM

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.

Drake's Not Like Us (Familiar With Defamation Law)

Oct 17th, 2025 4:25 PM

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.

Race To Trial

Oct 9th, 2025 11:11 PM

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!

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