Serious Trouble What Part of 'No Bill' Don't You Understand?
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Dec 16, 2025 A grand jury just declined to indict Letitia James for the second time, raising questions about legal strategies and the implications of repeated failures. They dive into Trump's controversial pardon of Tina Peters and why it doesn't affect state convictions. The discussion also covers a challenging lawsuit by the National Trust regarding new construction at the White House and Gavin Newsom's legal battles against Trump. Lastly, they explore Costco's unexpected lawsuit over tariff payments and the complexities of digital evidence in legal cases.
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Repeated Grand Juries Refused To Indict
- Multiple grand juries in different Virginia divisions twice refused to indict Letitia James on the same mortgage-fraud theory.
- Ken White says such repeated no-bills are extraordinarily unusual and signal deep weakness in the prosecution's case.
Repeated Attempts Risk Vindictive-Prosecution Claim
- Persisting to seek indictments after multiple no-bills creates strong evidence of vindictive prosecution.
- Josh Barro warns repeated attempts could become "just about the best vindictive prosecution motion in history."
DOJ's Risk Appetite Has Shifted
- The current DOJ culture seems less failure-averse and more willing to try prosecutions even if weak.
- Ken White contrasts that with historic DOJ caution about trying and losing cases.