

Serious Trouble
Josh Barro and Ken White
An irreverent podcast about the law from Josh Barro and Ken White. www.serioustrouble.show
Episodes
Mentioned books

Feb 17, 2024 • 25min
Big Judgment
Discussing the $400 million judgment against Trump for fraud, Supreme Court case on Colorado ballot, legal immunity in DC criminal case, Mueller's comments on Biden, and allegations involving a Barisma bribe. Analysis on Trump's financial misrepresentation and its legal consequences, Judge Engeron's opinions, and Trump's eligibility on the presidential ballot. Exploring upcoming court decisions and Biden's relief over not facing charges related to classified documents.

Feb 7, 2024 • 41min
Immune Response
The podcast discusses the DC Circuit Court of Appeals rejecting Trump's argument of immunity from prosecution, potential start of a criminal trial, Georgia RICO case conflict of interest, Taylor Swift's lawyers sending a threatening letter to a college student who tracked her private plane, Jack Burkman giving up his law license, and the Senate employee exercising his Fifth Amendment right not to talk to Capitol Police after filming a sex tape in the Senate.

Jan 31, 2024 • 36min
More Than Incremental Damages
The podcast discusses the $83.3 million defamation case against Donald Trump, his trial strategy, and the possibility of the damages being reduced. It also covers the sentencing of Peter Navarro and the leak of Trump's tax returns. The chapter explores the nature of federal judges and compares the competence of attorneys using Michael Avenatti as a case study.

Jan 24, 2024 • 21min
RICO Is When People Are Mean to Me
No Labels, a centrist political group, plans to run a third-party presidential ticket and is facing opposition from mainstream Democrats. They claim it's a criminal RICO conspiracy and want the DOJ to prosecute. The podcast also discusses the Fani Willis-Trump prosecution, the Ijean Carroll case against Donald Trump, and Alec Baldwin's indictment for involuntary manslaughter.

Jan 16, 2024 • 35min
Sweetie, Please File This Lawsuit
Donald Trump wasn’t supposed to give a closing statement at the New York AG’s civil trial, but he gave a brief one anyway — and why not? There’s no jury to influence and, let’s be honest, Judge Engoron seems to have made his mind up. Plus: Rudy Giuliani is bankrupt and faces the creditors’ committee of his nightmares. Michael Flynn has a performative defamation lawsuit against Andrew Weissmann, over the allegation that he was actually guilty of the crime he pleaded guilty to. And Bill Ackman says he’ll sue Business Insider for reporting that his wife, former MIT professor Neri Oxman, committed plagiarism — though really, Oxman would have to sue, and an unwinnable lawsuit (as it looks to be) is likelier to serve his PR goals rather than hers.Visit serious trouble.show to sign up for our newsletter and to support our 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

Jan 11, 2024 • 39min
Estop! or My SEAL Will Shoot
The podcast discusses the recent legal hearings surrounding Donald Trump's criminal case and the New York civil case. They delve into Trump's argument of immunity from prosecution, the defamation lawsuit filed by E.J. Carroll against him, Stone's intent when talking about committing crimes, the messy Fannie Willis Rico case in Atlanta, and the recent superseding indictment against Senator Bob Menendez.

Jan 4, 2024 • 42min
The First Amendment Rights of Vegans
It’s a new year and we’re back with more Serious Trouble. This week: the ongoing appeal in the DC Circuit Court of Appeals, where Donald Trump argues he is presidentially immune from trial over his actions that led up to the January 6 riot. This appeal has paused the clock on the criminal case, but probably not for much longer — the appeals court is moving the appeal very fast, and it’s unclear the Supreme Court will have any interest in reviewing their decision. The case may be back in Judge Tanya Chutkan’s hands by the beginning of February.Plus: can Trump turn this trial into a circus? Why were charges dropped against SBF? Why isn't Michael Cohen going to get out of supervised release early? And was getting fired for making vegan porn a violation of a (now former) state university chancellor's First Amendment Rights? Let's find out.Visit serioustrouble.show to sign up for our newsletter, find a transcript, and support the 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

Dec 21, 2023 • 23min
Uncivil Procedure
This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThank you for all the questions you sent in this week! On a related note: take our “explicit” content warning extra seriously this week. All subscribers get our discussion about the Colorado Supreme Court deciding Donald Trump may not appear on that state’s presidential primary ballot, the multiple routes that SCOTUS has available to overturn their ruling, and what might happen if SCOTUS upholds the decision.If you've been thinking about becoming a paying subscriber to the show, this is the week to do it. serioustrouble.show/christmas gets you a discount, and you'll get to hear about:Rudy Giuliani's $148 million judgment for his lies about two election workers Ruby Freeman and Shaye Moss; another instance of citing fake cases in a brief submitted to the judge (and this time it involves Michael Cohen); the Senate sex video and the potential criminal implications of it; and the presidents of three elite universities who appeared on the Hill, seemingly more prepared for a deposition than for an argument with Elise Stefanik on national television.Finally, we have a little time to talk about George Santos, and how the justice system might interfere with the launch of his reality TV career. And we talk about what Ken hopes not to talk about in 2024. We'll be back in January! Thanks for listening.

Dec 19, 2023 • 46min
Justice Delayed
We have two episodes coming for you this week, one right now and one near the end of the week. On the second episode, we’ll be taking your end-of-year questions — if you have a burning question for Ken, please send it to the RICO hotline by Wednesday morning so we can consider it for inclusion.On today’s show, we talk about a couple of significant matters that stand to delay former President Trump’s federal trial for actions related to the aftermath of the 2020 election. One is his appeal of Judge Tanya Chutkan’s ruling that he is not presidentially immune from trial. It seems likely an appeals court will rule as soon as mid-January, and it’s not clear the Supreme Court will have any interest in taking the case up after that. We'll see. The potentially thornier matter is a separate case the Supreme Court is considering, in which the court could reject the expansive theory of “obstruction of an official proceeding” that federal prosecutors have used in charging many cases related to January 6. Plus: the state of the gag orders on Trump and Hunter Biden. Hoo boy. He already faced a kind of weak-ass gun charge in Delaware, and his lawyers have some pretty good arguments about why that case should be dismissed. But now he’s also been indicted in Los Angeles for felony tax evasion, and the complaint in that case is brutal.There’s lots more to talk about this week, including the huge defamation award against Rudy Giuliani — we’ll be taking that and some other juicy stories up in the next episode in just a few days. 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

Dec 7, 2023 • 18min
Absolute Immunity
This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showOne of Donald Trump’s favorite arguments is that the presidency shields him from legal proceedings. He’s made that argument in criminal cases and in civil ones, but this week, we talk about rejections of those arguments from two different judges. Plus: Jack Smith wants to introduce Trump's political statements and actions going all the way back to 2012; serious trouble for Alina Habba; gold bars do have serial numbers, you know; Rudy doesn't show up in court; and was that wrong — taking a phone call while on the witness stand?Visit serioustrouble.show to sign up for full episodes of our podcast and find episode transcripts.