Serious Trouble

Josh Barro and Ken White
Serious Trouble

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

  1. Diss Isn't RICO

    27 NOV.

    Diss Isn't RICO

    Did you know Ken is a huge Kendrick Lamar fan? Well, not really. But he is psyched that Lamar and Drake have produced some truly hilarious litigation to discuss. Their beef goes back years, and they have traded diss tracks — in Kendrick's latest, he calls Drake a “certified pedophile” who’s “tryna strike a chord and it’s probably A Minor.” Is that defamation? If you’re a regular listener to this show, you know it very likely isn’t — and even Drake isn’t quite ready to sue for defamation. But he has filed — in two different states — petitions for pre-litigation discovery, to explore the possibility that Lamar and their shared label, Universal Music Group, may have committed various torts against him. What torts? Well, in the Texas petition, he wants to look at defamation. In New York, he wants to explore the possibility that Lamar and UMG competed against him unfairly, by nefariously over-promoting the song, or something. He also suggests this could be the RICO! Plus: Jack Smith has moved to dismiss the January 6-related case against Donald Trump on the grounds that the Office of Legal Counsel has long prohibited prosecutions of sitting presidents. DOJ is also dropping its appeal of Judge Aileen Cannon’s decision throwing out the documents against Trump — but the department is not yet dropping the appeal with regard to his co-defendants, meaning there will be at least a part of this prosecution left for Trump’s DOJ to cancel. Jussie Smollett’s conviction got tossed by the Illinois Supreme Court, and Ken answers several of the questions you sent in. 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

    46 min
  2. XL Brief

    10 OCT.

    XL Brief

    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show The long memo Jack Smith promised is here: a 185-page document laying out evidence he’d like to present in his January 6-related case against Donald Trump. The memo has to be so long because the Supreme Court decision on presidential immunity was so complex and vague: Smith must show, act by act, that he’s offering evidence either of Trump’s unofficial actions, or of official acts where he can overcome the presumption of immunity. Ken and I discuss how Smith argues that most of the acts he wants to present are unofficial, his case that Trump’s official efforts to coerce Pence are fair game, and how long it’s going to take courts to adjudicate all these questions before a trial can start (years). For paying subscribers, we also discuss: * One of the bitchiest motions Ken has ever seen * Clare Locke surviving a motion to dismiss in their nine-year-old-fan-of-Kansas-City-Chiefs client’s defamation case against Deadspin, for having accused him of wearing blackface and hating black people and Native Americans * Garth Brooks (a.k.a. the anonymous celebrity “John Doe”) facing an anonymous lawsuit from his former hairstylist, who he also tried to sue anonymously to stop her from suing him anonymously * Professor Joe Gow, who will sue the University of Wisconsin for dismissing him over his vegan porn side project; * Former Mesa County Clerk Tina Peters getting nine years in prison for her “Stop the Steal” efforts * Updates on the Eric Adams scandal To get the whole episode, subscribe at serioustrouble.show.

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

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