Serious Trouble Literal Truth and Theoretical Conflicts
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Oct 30, 2025 This week, the discussion revolves around James Comey and Letitia James challenging criminal charges. The hosts explore the implications of Halligan’s role in grand jury proceedings and draw parallels to Barry Bonds' legal troubles. They also dive into controversy over press communication by the DOJ, examine a weak defamation lawsuit, and consider the D.C. bar's proposed restrictions on law firm settlements. Plus, there's an in-depth analysis of Ninth Circuit actions on national guard cases and debates over judicial misuse of AI.
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Out-of-District Judges Decide Appointment Fights
- Judges from other districts can be assigned to decide appointment disputes to avoid local conflicts and leverage experienced judges.
- Judge Cameron McGowan Curry of South Carolina was appointed to decide Halligan's appointment challenge in EDNY cases.
Personal Involvement Can Taint Indictments
- The court will probe how deeply Lindsey Halligan participated in grand jury proceedings to assess taint.
- Extent of her involvement could determine whether indictments survive if her appointment is invalidated.
Barry Bonds Rambling Beat Perjury Charge
- Barry Bonds' conviction was overturned because his rambling answers were literally true or non-responsive, not perjury.
- The Ninth Circuit held evasive but literally accurate responses can't constitute perjury.