Serious Trouble

Josh Barro and Ken White

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

  1. Lemon Law

    HACE 6 DÍAS

    Lemon Law

    This week Ken and Josh discuss how the Feds got an arrest warrant for Don Lemon after all. Before prosecutors got the grand jury indictment, they tried through some really irregular channels to get Lemon arrested more quickly. When a magistrate judge rejected an arrest warrant application for Lemon last week, rather than applying again or proceeding to the grand jury, prosecutors asked Judge Patrick Schiltz to overrule the magistrate, then asked an appellate panel to force Schiltz to rule on their motion right away, fearing that if Lemon wasn’t arrested immediately, there would be an epidemic of illegal church invasions. Schiltz took exception to this, and the appeals panel backed him up, though one of the appellate judges remarked that he thought all the arrest warrants were sufficiently supported but the government just didn’t need the weird emergency relief it was seeking. Also this week: we look at federal judges (including Schiltz) who are incensed that ICE isn’t promptly complying with their habeas corpus orders, and how this mess is downstream of rules that prohibit nationwide injunctions and are clogging some courts with individual lawsuits seeking relief from immigration detentions. We have an update on Minnesota’s 10th Amendment case — Judge Kate Menendez appears skeptical that she is in a position to provide the sweeping relief the state wants, though she does want more briefing on the threat letter from Attorney General Pam Bondi to the state. And in another case, an order from Menendez restricting ICE tactics has been stayed. In non-ICE news, it appears likely that Jeffrey Toobin will have to testify at Tom Goldstein’s criminal trial, though he has a good argument for limiting his testimony to fairly boring topics. Candace Owens says Turning Point USA has sent her a letter threatening to enforce a non-disparagement agreement they say she has violated by spreading conspiracy theories about Charlie Kirk’s death. And a defendant in Northern California called up a local news station during her trial to protest that she only threw parties where she gave alcohol to minors because of COVID. Upgrade your subscription to receive all of our episodes 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

    44 min
  2. 120 Days

    23 ENE

    120 Days

    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show This week, Ken and Josh discuss the end of Lindsey Halligan's purported reign in the Eastern District of Virginia, and news reports that ICE is relying on a secret legal memorandum asserting that it can enter homes to search for aliens subject to final orders of removal, even if there’s no warrant from an Article III judge authorizing them to do so. That's for all subscribers. Paying subscribers also get: * A look at the order enjoining ICE from certain enforcement tactics in Minnesota, but it’s subject to an administrative stay, for now — and, since this is Fourth Amendment Fun week, we have another opportunity to discuss how you might have a Fourth Amendment right, but that doesn’t mean you’ll get to use it. * The case of Geraldo Lunas Campos, a Cuban national who died in ICE custody earlier this month. ICE says his death was a suicide, but his family disputes that, citing other detainees who claim he was choked by guards. (A county medical examiner’s report also deemed his death a homicide — a determination of manner of death, not a finding of legal culpability.) Alas, it’s up to DOJ to keep those witnesses available to testify, and if DOJ doesn’t want to, they’ll likely be deported. * The federal charges for anti-ICE activists who are accused of disrupting a Twin Cities church service this past weekend — they were charged under the so-called Klan Act, and the charges were obtained via criminal complaint to a magistrate judge, which means prosecutors will still need to get a grand jury to agree to indict — and prosecutors’ failure so far to charge journalist Don Lemon. * The Supreme Court’s ongoing effort to carve out the Federal Reserve from its plans to neuter independent boards and commissions (special unique historical tradition etc etc). * And a weird one: former Sen. Kyrsten Sinema has been sued for alienation of affection — still an available tort in North Carolina and five other states! — by the estranged wife of one of her former staffers, who says Sinema stole her man. Upgrade your subscription to receive all of our episodes at serioustrouble.show.

    19 min
  3. You Are Not Jay Powell

    16 ENE

    You Are Not Jay Powell

    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show Fed Chair Jerome Powell dropped a bombshell on Sunday: a video disclosing the Fed had been subpoenaed in a criminal investigation related to his congressional testimony about cost overruns in the Fed’s headquarters renovation. Powell said bluntly that the investigation is an effort to use the DOJ to assert control over the Fed and its interest-rate setting apparatus. Did this make Ken scream "shut up!!!!" at Powell's video? Meanwhile, Minnesota and some of its municipalities have sued the federal government, arguing that the ICE surge in the state is illegal and unconstitutional. Those discussions are for all listeners. Paying subscribers also get: * A look at intensifying turnover in US Attorneys’ offices, including the resignation of top prosecutors who had been leading the investigations into welfare fraud in Minnesota that was concentrated in the state’s Somali-American community. * DOJ’s argument for why Lindsey Halligan can keep calling herself a US Attorney after a judge ruled she isn’t one. * Senator Mark Kelly’s many arguments for why Pete Hegseth can’t reduce his rank and pension. * Some “shut up” news: prosecutors want to admit several incriminating statements from defendant Thomas Goldstein’s pre-trial New York Times profile. * And a look at a bizarre situation where Bruce Fein insists he somehow became Nicolas Maduro’s lawyer even though Maduro says he never hired him. Upgrade your subscription now at serioustrouble.show.

    27 min

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

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