Serious Trouble

Josh Barro and Ken White
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May 30, 2025 • 26min

My "I Didn't Make the Fed Unconstitutional" Shirt Is Raising Questions Already Answered By My Shirt

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week’s show is heavy on economic policy. Yay! We discuss a ruling from the U.S. Court of International Trade that many of Trump’s beloved tariffs are illegal and then, a strange shadow-docket order in U.S. v. Wilcox, a case about the National Labor Relations Board that raises a key economic question: Does that mean the president can fire the entire Federal Reserve Board, too?For paying subscribers: an update on the administration’s dealings with Big Law, updates about the Mahmoud Khalil and Kseniia Petrova cases, the Francesca Gino saga, and about Trevor Kirk, the LA County Sheriff’s deputy convicted of using excessive force who the Trump administration is trying to keep out of prison.Upgrade your subscription at serioustrouble.show!
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May 16, 2025 • 15min

Itty Bitty Diddy Committee

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week, we look at the indictment of Judge Hannah Dugan and the end of Ed Martin's reign at the US Attorney's office for the District of Columbia. For paying subscribers, we have an update on family business at the Sean Combs trial, where James Comey's daughter Maurene is facing off against Mark Geragos's daughter Teny. We have updates about new rulings about the Alien Enemies Act, about Marco Rubio's efforts to personally revoke the visas of students who annoy the administration, and about the frog embryos case. To get the full episode, go to http://www.serioustrouble.show and become a member. Thank you!
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May 7, 2025 • 47min

Voir Diddy

This week on the show: Jury selection for Sean Combs' eight-week RICO trial, which is moving along very quickly for for a complex federal criminal case.Plus: a ruling in the Alien Enemies Act cases, a ruling that gets at the heart of the policy question: whether there is an “invasion” or “predatory incursion” that triggers presidential powers under the law in the first place. It's a strange one.Another long-running case where ICE contends it doesn’t matter that it violated a court order about how to remove a person due for deportation, since he’d still be removable even if they did everything right.Long-Suffering Federal Judge Beryl Howell takes a shot at the many firms that chose to settle with the Trump administration instead of fighting. Meanwhile, the firms that settled have been insisting that they agreed to very little, and we may be about to get some information about how true that is.Visit serioustrouble.show to sign up for our newsletter and find a transcript of this episode. 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
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May 2, 2025 • 29min

Please Forget My Oopsie

Dive into the complex world of immigration law where a judge's arrest and controversial gang membership designations spark intense debate. Discover the legal obstacles faced during the Trump administration, revealing flaws in evidence and civil liberty concerns. The mishaps of filing internal deliberations publicly serve as a cautionary tale. Get insights on George Santos's potential prison time and the reasons behind Sarah Palin's legal setbacks against The New York Times. Prepare for a rollercoaster of legal intrigue and unexpected twists!
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Apr 23, 2025 • 43min

The Emerging Presumption of Irregularity

Harvard is pushing back against the Trump administration's attempts to impose federal control, raising questions about academic freedom. The Supreme Court recently challenged the government on deportation orders linked to the Alien Enemies Act. Tensions between the press and administration are highlighted as the Associated Press faces exclusion from press pools. Additionally, legal battles around high-profile defamation and bribery cases reveal complexities in accountability and the justice process, painting a vivid picture of today’s legal landscape.
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Apr 12, 2025 • 41min

Please Explain What You Mean By 'Effectuate'

The Supreme Court's involvement in Trump’s executive orders is heating up. Detainees are entitled to due process, but must navigate habeas corpus petitions. The complexities of the Alien Enemies Act expose tensions between deportation rights and government enforcement. A case raises alarms about free speech, as the federal government tries to revoke green cards based on political expression. Additionally, the podcast dives into media access issues and high-stakes mediation dynamics, revealing the intricate dance between law, politics, and individual rights.
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Apr 4, 2025 • 26min

Venue and Jurisdiction

Dive into the cat-and-mouse game of legal venue and jurisdiction, where a misstep can cost you dearly. Discover how the Trump administration's policies complicate immigration cases and challenge law firms. Hear insights on political corruption in law, including a high-profile case dismissal that casts doubt on judicial integrity. Explore how shifting political landscapes affect legal strategies and the survival of firms. This thought-provoking discussion reveals the intricate web of law, power, and justice.
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Mar 27, 2025 • 47min

Please Don't Hit Me

Paul Weiss is the third law firm to come under attack from the Trump administration and the first one to cut a deal, agreeing to certain terms about its practices in exchange for Trump withdrawing an executive order that effectively aimed to bankrupt the firm. The firm had different things to say about the agreement than Trump did — and we discuss what a capitulation like this might do for its business, staffing and more at Paul Weiss and throughout Big Law.Plus: Columbia University has similarly given in to demands from the administration, an appeals court panel has backed up Judge James Boasberg, declining to disturb his temporary restraining order that bars the administration from more renditions under the Alien Enemies Act, for now. And the Houthi war planning Signal chat is now the subject of a lawsuit — also before Judge Boasberg, lol — alleging that the administration is disobeying the Federal Records Act by setting those messages to auto-delete.Visit serioustrouble.show to sign up for our newsletter and find episode transcripts. 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
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Mar 20, 2025 • 45min

Please Take Judicial Notice that Drake Is a Little Bitch

The latest, most brutal entry in the rap battle between Kendrick Lamar and Drake comes in the form of a motion to dismiss. Drake, you will remember, sued Lamar’s record label (which is also Drake’s record label) for defamation, alleging that Lamar’s hit single “Not Like Us” defames him by calling him a pedophile. But as UMG’s attorney Rollin Ransom points out, rap battles are well known to feature hyperbolic accusations and insults that are not necessarily factual, which means they are unlikely to be defamatory. Plus, Drake explicitly dared Lamar to call him a pedophile — or, more specifically, Drake released a track in which he used an AI-generated Tupac Shakur voice to urge Lamar to “talk about [Drake] likin’ young girls.” It’s all very embarrassing, but as Ken notes, while UMG has a strong argument that it did not assist in defaming its own client, their argument is one a judge might not agree to consider in its entirety at this stage in the case.Plus: Trump tries to give Paul Weiss the Perkins Coie treatment, several of Trump’s major executive actions are facing new roadblocks in the courts, Nancy Mace faces a defamation lawsuit where the speech or debate clause is likely to provide her an important shield, and Ed Martin continues to Ed Martin.Visit serioustrouble.show to find a transcript of this episode, relevant links and to sign up for our newsletter. 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
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Mar 14, 2025 • 30min

At Least Everyone Knows How to Pronounce It Now

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showFor all subscribers: we have a discussion of President Trump’s jihad against Perkins Coie, and Long-Suffering Federal Judge Beryl Howell’s lack of patience for it. And we talk about the arrest of green card-holder Mahmoud Khalil at Columbia University — and the efforts of the Trump Administration to expel him using little-used but very broad powers for the Secretary of State to expel aliens on the grounds that their presence would have “potentially serious adverse foreign policy consequences for the United States.”For paying subscribers:* The Trump administration’s effort to revoke hundreds of millions of dollars in grants to Columbia, on the grounds that the university has violated Title VI.* Ed Martin’s vague-yet-menacing letter to Georgetown Law School, saying he is conducting an “inquiry” into the school’s alleged teaching of DEI. * Updates on multiple cases where government lawyers say something in court and Trump administration officials say something else online that undermines their case.* The advice Paul Clement gave Dale Ho about Eric Adams, how Sam Bankman-Fried got himself thrown into solitary confinement by giving a jailhouse interview to Tucker Carlson, and some tips on best practices for distributing a podcast from federal prison, whether or not you are George Santos.

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