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    News

    Serious Trouble

    An irreverent podcast about the law from Josh Barro and Ken White.

    www.serioustrouble.show

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    Copyright: © Very Serious Media

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    Latest Episodes:
    Nathan Wade Speaks (Please Stop Speaking, Nathan Wade) Jun 21, 2024
    Show notes

    Nathan Wade went on CNN, and had to be stopped by his handlers mid-interview because he was about to answer a question about when he and DA Fani Willis started having sex. Then, he went on The Daily Show and said he wasn’t sleeping with his boss because Willis was never his boss, but was more like his client. Shut up, Nathan Wade! Why does he do this?

    This week, besides that debacle: the Supreme Court’s 8-1 decision in U.S. v. Rahimi, which doesn't bode well for Hunter Biden; Steve Bannon reports to prison; continuing chaos in the YSL trial; and a news report that Judge Aileen Cannon turned down some colleagues’ polite suggestions that she might want to let a different, better judge handle the Trump documents case.

    Visit serioustrouble.show for transcripts 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

    YSLRICO Jun 13, 2024
    Show notes

    Hunter Biden has been convicted on three federal felony gun charges. In this case, Hunter has the same misfortune as Donald Trump in the Manhattan DA’s case: were he less famous, he’d likely never have ended up in court over these charges.

    Plus: updates on Trump's probation interview, an update from FLorida and election-related charges in Wisconsin, and then there's Georgia.

    In Georgia, Fani Willis’s RICO case against Trump and company remains on hold indefinitely while an appeals court considers whether Willis should have been required to recuse herself. It’s not like this case was going to trial anytime soon, but now it is surely going to be years. Shouldn’t have slept with the special counsel! And another one of Willis’s RICO cases — the one against rapper Young Thug and alleged members of (what prosecutors allege was) his street gang, Young Slime Life — has gone completely off the rails, with Judge Ural Glanville holding an ex-parte meeting with prosecutors and a key witness, getting very angry when defense attorney Brian Steel found out about the meeting, and then ordering Steel to jail for contempt of court. Steel is supposed to serve ten weekends in jail; Judge Glanville granted his request to be jailed alongside Young Thug so they can keep preparing for trial. Steel has also appealed the contempt order; this case, too, is likely to be getting appellate review before it’s even over.


    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

    The Verdict Jun 01, 2024
    Show notes

    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show

    The verdict is in! Ken and Josh discuss the jury's relatively quick decision, the path to sentencing, whether Trump is likely to face a custodial sentence or community service or what, and (for paying subscribers) the arguments Trump will raise on appeal, which courts he can raise them in, and what prospects he has for getting his conviction overturned.

    Visit serioustrouble.show to upgrade your membership for the full episode.


    G.L.O.A.T. May 29, 2024
    Show notes

    It’s Wednesday, and the jury in Donald Trump’s Manhattan criminal trial has had his case for about half a day. On Wednesday morning, Judge Juan Merchan instructed the jury on the law — a long and boring process that Ken says jurors often basically ignore — and sent them out to deliberate. And now we wait.

    Ken and Josh discuss closing arguments in which prosecutors dryly laid out the facts of the case they had presented, while Trump’s attorney Todd Blanche employed the “cockroach in the spaghetti” strategy, arguing the government’s case relied on claims and observations from Michael Cohen, whom a reasonable person would not trust. Indeed, Blanche deemed Cohen the G.L.O.A.T. — the “Greatest Liar of All Time” — a phrase that may overstate how great Cohen is at lying.

    Plus: updates from the documents case in Florida, Rudy agrees to stop lying, Jenna Ellis gives up her law license and the Menendez case hits a speedbump.

    We'll be back when there's a verdict... Sign up for updates 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

    Rudy Got Served! May 21, 2024
    Show notes

    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show

    Happy Birthday to America’s Mayor, now 80 years old! Rudy had a big bash to celebrate his 80th birthday last Friday, down in Palm Beach. He posted a photo from the party on social media, taunting Arizona Attorney General Kris Mayes for her failure to serve a summons on him for his indictment for trying to steal that state’s presidential election. And then, around 11pm, agents from Mayes’s office approached him to serve his summons on person.

    Plus: the cross-examination of Michael Cohen, Trump reportedly edits the statements of the given by his surrogates who say what he’s not allowed to under the gag order, Paul Pelosi's attacker is sentenced but there's a hitch, and Hunter Biden is in serious trouble.

    Visit serioustrouble.show to sign up for our newsletter and upgrade your subscription to hear the whole episode.


    Is Michael Cohen a Good Witness? May 14, 2024
    Show notes

    New York prosecutors have been using Michael Cohen not just as a vehicle to introduce documents, but to offer his own recollections and assessments of Donald Trump’s state of mind, including why he chose to pay for Stormy Daniels’ silence. Meanwhile, Trump has had friends visiting him at court — Republican politicians, some of them vice presidential hopefuls, who have made statements to the press that Trump himself is gagged from making. Indicted Rep. Henry Cuellar looks to be in even more serious trouble than he was last week, and Sen. Bob Menendez's trial has begun, with jury selection aided by a high-priced jury consultant. Steve Bannon has lost his appeal and will likely to have to serve out his (short) sentence for contempt of Congress before Trump has a chance to pardon him. And Rudy Giuliani is being sued again, this time in pursuit of a court order to bar him from lying — good luck with that.


    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

    Yo Momma So Dumb She Thought These Trials Were Happening Before The Election May 09, 2024
    Show notes

    Josh thoughtfully attempted to wreck Ken right out of the gate by using the terms “missionary position” and “Donald Trump” in the same sentence of the cold open, live, in person, in Ken's office. He’s referring, of course, to Stormy Daniels’ frankly disturbing testimony about a sexual encounter with Trump, an encounter that sounded not particularly consensual. The rest of the proceedings were more substantive than salacious, with the prosecution steadily building a case through notes, Michael Cohen’s secretly recorded conversations with Trump, and witness observations. But can they convince the jury this was all in service of a different crime, as required for a felony?

    Meanwhile, Judge Merchan found Trump in contempt over a whiny social media post about jurors but rejected the DA’s motion as to three other posts. In Florida and Georgia, the prosecutions of Trump are lagging. Who's surprised?

    Plus: Nathan Wade thinks workplace romance is as American as apple pie, Rep. Henry Cuellar is in trouble, and the beef between Kendrick Lamar and Drake.


    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

    Contempt May 01, 2024
    Show notes

    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show

    Judge Juan Merchan has found Trump in contempt of court and fined him $9,000 — $1,000 per violation of the terms of his gag order, the maximum authorized by New York law. He also noted those fines might not be large enough to influence Trump's behavior, and he threatened to jail him if he violates the order again. Is that threat credible? Ken says so.

    Plus: witness testimony in Merchan's courtroom, another New York judge declines to reduce E. Jean Carroll's award, the Supreme Court hears oral argument about presidential immunity, Arizona announces a fake electors indictment, and Harvey Weinstein's New York convictions have been overturned.

    Visit serioustrouble.show to sign up for the full episode and our newsletter.


    If You Voir Something, Dire Something Apr 23, 2024
    Show notes

    The trial has begun! Judge Juan Merchan seated 12 jurors and 6 alternates in three days of voir dire. We discuss the pace of jury selection and complicating factors (that strong opinions about this defendant are common and often expressed on social media), plus: Ken discusses his philosophy of choosing a jury as a defense lawyer, why it’s more of an art than a science, and how it will matter that this Manhattan jury is unusually highly educated.

    We also discuss a question that, as we sent out this episode, remains before Judge Merchan — should Trump be held in contempt for his repeated public statements about witnesses and the jury, in spite of the gag order on him? And we talk about the theories of the case laid out in opening statements from the prosecution and the defense.

    And amid all this, George Santos has clawed his way back into the news in a small way. Yay! 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

    Blasts From the Past Apr 16, 2024
    Show notes

    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show

    Donald 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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