Mistrial

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showDonald Trump tried to ban CNN, MSNOW and Politico from the White House and, as Trump himself predicted, he was almost immediately ordered by a federal court to let those outlets back in. The judge was unimpressed with the government’s claims that the outlets were ejected on national security grounds, partly because that contradicts the president’s own public statements. But it’s an argument he loves to make in court — he says his planned triumphal arch near Arlington Cemetery serves a national security purpose, as does his ballroom and his efforts to block wind turbine projects. Courts traditionally give the president a wide berth on national security, but these increasingly implausible claims are leading courts to impose more scrutiny.Those conversations (plus a look at how aesthetic standing may matter again in litigation over that arch) are for all listeners. Paying subscribers also get our conversations about:* That ProPublica story about a federal investigation that looked at Susan Collins but did not lead to indictments of her or anyone in her direct orbit.* A prosecution for online threats against ICE in Tennessee.* Elizabeth Holmes’ impending move to a halfway house.* Clavicular’s indictment for rape in Massachusetts.* And an ignominious end to Matt Kalil’s lawsuit against his ex-wife, who wantonly told the whole world about his enormous penis.If you’re not a paying subscriber and you want to hear about all that, go to www.serioustrouble.show.

Remember Joseph DiGenova? He was a Trump defender from the first administration brought back to help with the investigation into the investigators that DOJ is running down in south Florida. Well, he’s gone again. He seems to have had some disputes with the Attorney General about the conduct of that investigation — “if you want indictments where there’s no evidence, you have an ethical problem,” he told the New York Post. Plus: Donald Trump continues to be stymied in his efforts to rename the Kennedy Center after himself — his latest threat is that he’ll tear down the building if he doesn’t get his way. Former immigration judge Chloe Dillon sues over her firing, Mahmoud Khalil sues,Columbia University, injunctions against ICE and legal victories for people who were fired for saying not-nice things about Charlie Kirk, a lawsuit against Lufthansa, whose employee outed a gay couple in Saudi Arabia — does that create a claim in the United States, where they were flying to? And finally: Kash Patel and bizarrely relaxed hiring metrics at the FBI and a right-wing media figure who resolved defamation litigation with an apology for lying about Patel’s girlfriend. 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

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week: the Lindsay Clancy murder trial jury hung 11-1, ending in a mistrial. We discuss how judges press juries to agree, and why they maybe shouldn’t. And the Tate brothers — one of whom has possessed a fake Mexican passport in the name of “Vladimir Scorpius” — unsurprisingly failed to convince a judge to give them bail pending extradition. We also discuss UEFA, the European soccer body, seeking help from American courts with a criminal investigation of FIFA’s effort to sell an equity stake in world soccer to a group led by Jared Kushner’s brother, Josh Kushner.Free listeners get our discussion of those cases. Upgrade your subscription to hear about:* Indiana prosecutors have decided the woman who falsely accused Pete Buttigieg of being a risk to his children is too insane to face criminal charges.* Former ICE agent Christian Castro wasn’t extradited to face criminal charges in Minnesota, but somewhat surprisingly, he’s now under a federal indictment.* Trump won’t get to revive his birthright citizenship restrictions, but he can proceed with building his ballroom, as Ken and I discuss who has the least plausible theory of aesthetic standing.* Marco Rubio faces a blow to his efforts to deport non-citizen left-wing student activists.* The alienation of affection lawsuit against former senator Kyrsten Sinema will proceed in a North Carolina federal court, to the apparent annoyance of the judge who will have to preside over it, and* Lebohang Morake, the guy who wrote and performed the Zulu chant at the start of The Lion King, owes legal fees because of a dumb lawsuit he filed against a comedian who offered an incorrect story of what the lyrics mean. Don’t sue over jokes, people.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showMost federal prosecutors win almost all the time, in part because they are careful about the cases they bring and in part because they’re good at their jobs. Lately, Jeanine Pirro’s US Attorney’s office in Washington D.C. has only been winning about half the time. This week, we discuss what’s likely driving the substantial number of acquittals and mistrials. We also look at Ghislaine Maxwell’s unsuccessful pro se appeal, and about whether it matters that Michael Cohen recanted (sort of) his testimony that helped convict Donald Trump in the Manhattan DA’s falsification of business records case.That’s for all listeners this week. Paying subscribers also hear about:* A partial victory for Alex Jones on appeal of the defamation judgment against him in Texas* A win on appeal for James O’Keefe that causes us to revisit the Food Lion case.* A defamation loss for The New York Times.* A terse Supreme Court order on the White House ballroom, with more likely to come, and* Trump’s latest Kennedy Center litigation gambit: Threatening to tear down the building.Upgrade your subscription to hear the whole episode at serioustrouble.show.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showLike some of the big law firms, Disney hoped to buy peace with the Trump administration through a bogus settlement. It didn’t work. Disney is now suing the FCC, saying the commission’s move to review its broadcast licenses early is unconstitutional retaliation for its speech — namely, ABC broadcasts the president doesn’t like. Our discussion of the ABC litigation is for all listeners this week.For paying subscribers, Ken and Josh discuss Luigi Mangione’s choice to plead guilty in federal court with no plea deal; another rejected Trump administration gambit to install US attorneys without the Senate’s approval; a victory for Harvard in litigation with the Trump administration; expert witness AI shenanigans; and the mailbox-rifling congressman.To hear the full episode and every full episode of Serious Trouble, subscribe here.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThe Tate brothers want bail pending their extradition proceedings to the United Kingdom, which is a long shot, not just because their social media is full of statements about how they are flight risks. “You can’t ban me from driving, I have nine drivers licenses. You can’t freeze my passport, I have four.”Also this week: trouble for Rep. Max Miller, US Attorney Jeanine Pirro’s new special grand jury, opposition to President Trump’s new effort to restrict birthright citizenship, and at the latest action in the litigation over the White House ballroom!Paying subscribers also hear about:* Trump’s new effort to fire Federal Reserve Board member Lisa Cook.* Long-suffering federal Judge Emmett Sullivan’s ongoing dissatisfaction with Todd Blanche’s handling of Epstein file redaction, including Blanche’s claim they can’t redact handwritten documents.* More legal trouble for the SPLC: the indictment of its former CFO and a failed motion to dismiss charges on the grounds of vindictive prosecution.* Trump’s ongoing effort to avoid disclosing financial information in his defamation case against the BBC, and* A new and unwise Afroman lawsuit against one of the cops who raided his home. You gotta quit while you’re ahead, Afroman.Ugrade your subscription now at www.serioustrouble.show.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week: Jeanine Pirro would like everyone to know this embarrassing turn in the reflecting pool case is all Interior Secretary Doug Burgum’s fault. We talk about her remarkable and remarkably detailed filing seeking to dismiss charges against David Hearn related to the pool, plus Anthony Fauci refusing to testify before a Senate hearing, citing his Fifth Amendment right against self-incrimination.Those discussions are for all listeners, along with a look at what Todd Blanche’s letters to the Senate say and don’t say. Paying subscribers also hear about:* A lesson from Rep. Chuck Edwards, on how being creepy can constitute sexual harassment even if you never explicitly ask for sex.* Paramount’s litigation strategy choices.* Capital One’s arguments that it didn’t violate the president’s civil rights.* Judge Amit Mehta reluctantly vacating the case against Stewart Rhodes.* More problems with posting through it at DOJ.* And Kash Patel being deprived of a default judgment in a bullshit defamation case for the court’s lack of personal jurisdiction over the defaulted defendant.Upgrade your subscription now at serioustrouble.show.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week: Did you miss James Comey? Well, he’s back: he’s filed a flurry of motions attacking his prosecution for seashell-related offenses. We talk through all of them, plus motions from Olympian James Hearn, who also wants to look into possible grand-jury shenanigans leading up to his indictment for damaging the liner of the reflecting pool.All listeners get our discussions of those cases. For premium subscribers, there’s also:* Why the Trump administration has given up, for now, on its subpoenas to New York Times reporters.* The administration admitting it canceled energy project grants based on whether they were in states that voted for Trump.* Discovery trouble for Trump in his lawsuit against the BBC.* More Epstein files shenanigans.* Justin Baldoni — already not having a great couple of years — losing an anti-SLAPP lawsuit against his production company brought by The New York Times.* Chriayu Rana suing JP Morgan again, this time in federal court, and…* an exciting new business venture from Jack Burkman and Jacob Wohl that is not (yet) the subject of a legal proceeding.Upgrade your subscription at serioustrouble.show

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showWhat a reversal of fortune for Andrew and Tristan Tate! One minute you’re the toast of (certain quarters of) MAGA; the next minute federal agents are arresting you, intending to extradite you to face rape charges in the UK. This week, we talk about how extradition works, and while Trump could intervene at any time to stop the extradition, his spokeswoman says he won’t.Also this week: Federal officials failed to preserve key evidence in the case of the alleged reflecting pool vandal — that is, the government threw away the liner. The Trump DOJ is once again fighting with local district judges over who should serve as interim US Attorney, and what’s new this time is that the fired interim appointee is suing to get his job back.Paying subscribers also get:* A fairly silly defamation lawsuit from Madison Square Garden against Wired, and discovery trouble for President Trump in his “$10 billion” lawsuit against the BBC.* Trump’s flailing effort to get the courts to order E. Jean Carroll to give him his $5.6 million back, and what he’d have to do in order to actually draw Rule 11 sanctions with this nonsense.* A new court we’d never heard of, because it had never been used before this month: the Alien Terrorist Removal Court.* A lawsuit that says Agriculture Secretary Brooke Rollins is proselytizing to her employees in violation of the First Amendment — and, yes, the Administrative Procedure Act.* And a really weird AI misuse case from Brazilian labor courts.Upgrade your subscription at www.serioustrouble.show.

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week: Judge Kathleen Williams’ eviscerates President Trump’s attorneys for their sham lawsuit that was ultimately used as a pretext to create the “weaponization fund” settlement. Her order is bracing. But what are its practical effects? Is the settlement actually void, including the part that was supposed to protect Trump from future IRS audits? Also: E. Jean Carroll finally got the smaller of her two Trump judgments paid out. And we consider the very aggressive legal theory under which Mahmoud Khalil is suing the people who advocated for him to be deported, and the Trump administration’s effort to find out how The New York Times learned about security threats to the president’s new Qatari jet.That’s this week’s free episode. For paying subscribers, we look at the Trump administration’s effort to get information about how Boris Epshteyn, its own representative, communicated with law firms that settled in the face of adverse executive orders. Awkward. Plus: a defamation case that should worry New York City Councilwoman Vickie Paladino, at least as regards one of its claims, and we consider a bizarre episode that has Jack Burkman and Jacob Wohl back in the news, pursuing their very own big-boy federal felonies. It involves a rapper named “Boosie Badazz,” whom they charged a large fee in exchange for assistance getting a pardon, and whom they did not in fact get pardoned.Upgrade your subscription now at serioustrouble.show