Serious Trouble

Josh Barro and Ken White
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May 1, 2024 • 22min

Contempt

Legal expert Judge Juan Merchan discusses finding Trump in contempt of court and potential consequences, including jail time. The podcast also covers various legal cases, Supreme Court arguments on presidential immunity, and new indictments in Arizona. Tune in for insightful discussions on legal ramifications and connections in the legal world.
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Apr 23, 2024 • 38min

If You Voir Something, Dire Something

Discussing the challenges of jury selection in the ongoing Trump trial, analyzing juror biases and legal strategies. Exploring the implications of Trump's public statements and the theories of the case. Updates on the trial proceedings and George Santos' lawsuit drama. Exploring legal challenges and prisoner attendance in civil trials.
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Apr 16, 2024 • 35min

Blasts From the Past

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showDonald Trump’s criminal trial in New York has begun, with jury selection underway. Ken and I discuss Trump’s last-ditch efforts to get this trial delayed, and public support he has gotten from a surprising advocate: imprisoned ex-attorney Michael Avenatti, who phoned into MSNBC from his oceanfront Los Angeles home to say he thinks the case is seriously flawed. Meanwhile, in Florida, Judge Aileen Cannon did something we said she might: She declined to make any decisions about those jury instructions she asked attorneys a bunch of weird questions about. Smith is in a bind. We discuss why.Plus: Incompetent ratfucker Jacob Wohl and his sidekick Jack Burkman are in trouble again. And actress Gina Carano (from Disney's "The Mandalorian") is a character on Serious Trouble for the first time this week.
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Apr 5, 2024 • 40min

Sam Bankman Unfreed

Sam Bankman-Fried has been sentenced. And at his sentencing, we saw a not-too-uncommon pattern for sentencings in major white-collar cases: Judge Lewis Kaplan read him the riot act, ruled against him on all the key issues driving the sentence guideline calculation; accused him of lying on the stand; and then sentenced him to far less than the guideline sentence.Speaking of BS of interest to investors, Trump Media & Technology Group is worth billions of dollars, at least for now. Donald Trump has to wait six months for his share lockup to expire before he can start passing his shares off to new bagholders. So in the meantime, he’s suing his co-founders, saying they were bad at their jobs and therefore shouldn’t get to keep their shares. Is that how it works? Plus, Trump faces an expanded gag order in his Manhattan trial — one whose limits he appears intent to continue to push. And in Florida, after we recorded, Judge Aileen Cannon ruled (sort of) about issues related to the Presidential Records Act. Plus: updates on Hunter Biden and John EastmanVist serioustrouble.show for a transcript 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 28, 2024 • 37min

The Low, Low Price of $175 Million

A panel of New York appellate judges has reduced Donald Trump’s bond in the New York Attorney General’s civil case to $175 million, an amount he can probably afford. Ken and I discuss possible reasons the court took this surprise action — as is typical for this kind of decision in New York, the judges didn’t really explain their reasoning — and the likely course of Trump’s appeal to come later this year. Meanwhile, in New York Supreme Court (which is the trial court), Trump’s criminal trial over falsification of business records starts next month — we have pretrial updates, including on the gag order for the former president modeled on another recent gag order.Plus: why are law clerks quitting Judge Aileen Cannon's chambers? And Rod Blogojevich is told to "just go." Sign up for our newsletter and find a transcript of this episode at serioustrouble.show. 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, 2024 • 24min

Belatedly Good Judgment

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showDonald Trump’s criminal trial in Manhattan was slated to start next week, but it will be delayed due to the late production of a large volume of documents from the US Attorney’s office. And Trump has said he can’t find a bond for the New York Attorney General’s civil judgment against him, so you can expect to see Attorney General Letitia James starting to collect on that judgment by other means quite soon. In Georgia, Judge Scott McAfee has decided not to disqualify Fani Willis or her office from the RICO prosecution of Trump and his associates. But McAfee’s decision is otherwise scathing. Nathan Wade wins our Senate Twink Memorial Award for Belatedly Good Judgment for changing his mind about an interview on “Meet the Press." Good call, Nathan! In Florida, Judge Aileen Cannon has issued some more bizarre orders in the documents case. What she's doing is not exactly what you would do if you were trying to tank the case, but “incompetent” and “malevolent” are not mutually exclusive theories of what Judge Cannon is up to. And finally, we answer an excellent listener question sent in by Ben Dreyfuss about what lawyers in movies sometimes do when their clients to lie to them.Free subscribers get the conversations about New York and a bit of the goings on in Georgia. Paid subscribers get the whole shebang, including a conversation about why some of the charges in the Georgia case have been dismissed, and Ken’s explanation of why he’s less like those movie lawyers and more like Alan Dershowitz. Visit serioustrouble.show to upgrade and you'll hear the whole thing.
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Mar 13, 2024 • 28min

DON'T LIE TO YOUR LAWYER

The podcast delves into Sen. Robert Menendez's superseded indictment, now including charges of obstruction of justice and directing lawyers to lie about a bribe. Trump's $92 million bond in a case against E. Jean Carroll ensures payment, but a larger bond in another case looms. The episode explores legal intricacies, presidential immunity arguments, failed appeals, and challenges of federal collateral attacks.
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Mar 6, 2024 • 44min

9-0, but also 5-4

Supreme Court rulings on disqualifying individuals for insurrection, Trump's claims on presidential immunity, Weisselberg's additional prison time, Trump's media platform and financial strategy, legal battles involving Chesabro, Hunter Biden's congressional hearing, and strategic considerations on tax charges.
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Feb 29, 2024 • 40min

G.A. Law

The mess in Georgia continues. As a reminder, this all bears on the question of whether Fani Willis and her office will be disqualified from conducting the RICO prosecution of Donald Trump and his various co-defendants over his efforts to steal Georgia’s electoral votes. This week, Ken and I invited Georgia attorney Andrew Fleischman back on the show to talk about just how this case got so prurient and stupid, what might happen with it next, and whether this is just what happens when prosecutors have to defend and defense attorneys have to prosecute.Meanwhile, in New York, District Attorney Alvin Bragg wants Donald Trump under another gag order — raising some questions that courts have gotten better at answering over the last few months. And out west, Biden accuser Alexander Smirnov got sprung from jail and almost immediately re-arrested, as Los Angeles-based Judge Otis Wright sought to ensure that he could not flee the country. And another SoCal federal judge, Cormac Carney, is in a spat with the Ninth Circuit over his unusually expansive view of when a defendant can get off on the grounds of selective prosecution.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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Feb 23, 2024 • 25min

Fursona Non Grata

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showGeorge Santos is back, and Ken couldn’t be happier about it. This time, George is on the left side of the v., for once: he’s suing Jimmy Kimmel over copyright infringement. The most shocking part is he may have a good case. Santos says Kimmel committed various torts when he ordered many embarrassing Cameo videos from Santos — in one instance, the request was for a video congratulating “Beav-a-Pus” on going to work at Arby’s in his “fursona” — paying only for personal-use licenses, but then broadcasting the videos for commercial purposes on ABC and across various social media platforms.Alexander Smirnov, Hunter Biden’s now-indicted accuser, says he had contacts with Russian intelligence. And Hunter himself remains combative with federal prosecutors — pointing out that one of their pieces of “evidence” that Hunter had a cocaine problem is a photo of sawdust that was sent to Hunter as part of a message urging him not to use drugs.For paying subscribers: in Georgia, we’re all waiting for Judge Scott McAfee to decide whether to disqualify District Attorney Fani Willis from the RICO prosecution of Donald Trump and others. And we took a number of the questions you sent in about the large judgment Trump now owes to New York State for business fraud — including about why this money even goes to the state, and about what will happen if he is unable or unwilling to post an appeal bond covering the amount he will owe if his appeal loses, and bankruptcy. Thank you to everyone who sent in questions — we plan to take more of them next week.

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