Épisodes

  • I Threw The Sandwich, But I Did Not Throw the Panini
    Aug 15 2025

    Judge Paul Engelmeyer has refused the Trump administration’s request to release the grand jury transcripts from Ghislaine Maxwell’s prosecution. He notes forcefully that he’s reviewed the grand jury transcripts and there’s no there there — everything of interest disclosed to the grand jury became public at trial. Indeed, the only reason Engelmeyer considered releasing the transcript was that it would serve the public interest of showing the government had been lying about what’s in the transcript. But he said that wasn’t necessary, either, because the government ultimately admitted in subsequent filings that the transcript didn’t contain interesting information. So what, exactly, have we been doing here?

    In other news, some idiot threw a sandwich at a CBP officer sent by Trump to patrol the streets of Washington and the Justice Department is hot to make an example him. Laura Loomer’s defamation suit against Bill Maher continues.

    Plus: tariffs, a look at a couple of favorable rulings for Trump out of the DC Circuit Court of Appeals, an update on US Attorney Bill Essayli’s effort to keep former Los Angeles County Sheriff’s Deputy Trevor Kirk out of prison, and the misfortune of Mohamed Bahi, an aide to Eric Adams who does not seem to enjoy the same protection from federal justice that Adams himself has.

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    38 min
  • Arenas Poker Club
    Aug 7 2025

    This week Ken and Josh discuss the next steps the Trump administration may be considering to deal with the Epstein mess: what to do about the files, what to do about the transcript of Todd Blanche's meeting with Ghislaine Maxwell. Maxwell, who was moved to a much nicer federal prison, has a colorable argument that her conviction should be thrown out because she was supposed to be covered by the sweetheart deal Jeffrey Epstein cut with federal prosecutors back during the Bush administration.

    Plus: Jack Burkman and Jacob Wohl are pleading no-contest to Michigan state crimes relating to their voter-suppression robocalls, the Ninth Circuit has denied the government a stay with regard to the temporary restraining order restricting the grounds on which ICE can detain suspected illegal migrants, and in the Valley, former NBA star Gilbert Arenas has been indicted for running an illegal poker game, updates in the Trump v. Murdoch case and regarding an apparent DOJ investigation into James Comey.

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    43 min
  • Ghislaine Looks for a Deal
    Jul 29 2025
    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show

    Ghislaine Maxwell has sat for a meeting with Deputy Attorney General Todd Blanche, who not very long ago was serving as President Trump’s personal criminal defense attorney. The idea seems to be that Maxwell could offer some “help” getting to the bottom of the Jeffrey Epstein scandal in exchange for some sort of leniency. That’s for free subscribers. For paying subscribers this week, there’s much more:

    * Emmanuel and Brigitte Macron’s libel suit against Candace Owens

    * The machinations that have kept Alina Habba in charge, for now, at the US Attorney’s Office in New Jersey

    * Another ruling blocking the administration’s effort to restrict birthright citizenship

    * A strange Supreme Court order saying lower courts should do a better job inferring what its decisions on the shadow docket mean, and a concurrence from Justice Kavanaugh that says the lower courts really do need more guidance — guidance that only a more proactive and meddlesome Supreme Court can provide.

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    22 min
  • To Most People It's Extremely Tedious
    Jul 22 2025

    Donald Trump has sued the Wall Street Journal over its story saying he wrote a weird poem to Jeffrey Epstein and drew a caricature of a naked woman with his own signature as her pubic hair as part of a book wishing a happy 50th birthday to the New York financier. Ken and Josh discuss the suit, which looks more like an exclamation point on his claims that he never even liked that Epstein guy! than a serious effort to win damages from (or extort) the Rupert Murdoch empire. Meanwhile, Trump is seeking the release of grand jury testimony from the investigations into Epstein and his henchwoman Ghislaine Maxwell — a release that wouldn’t be likely to include any books of ribald poetry.

    Also this week: Trump’s lawsuit against Bob Woodward and Simon & Schuster — claiming that Woodward and S&S violated Trump’s copyright by publishing the audio of interviews Trump thought were only for use in a written book — has been dismissed; Trump is facing difficulty with another novel application of IEEPA — this time, not tariffs, but an effort to sanction the International Criminal Court, there’s a certified class in the birthright citizenship litigation; a federal judge in California says ICE can’t pick people up just because they look Mexican; and some government immigration lawyers have started appearing anonymously in immigration court; an extra-bizarre civil RICO suit against Eric Adams and the NYPD, from Adams’s own ex-interim NYPD commissioner; Douglass Mackey, a.k.a. “Ricky Vaughn,” has won an appeal of his conviction for trying to trick Hillary Clinton voters into “voting” by text.

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    48 min
  • Oh Mann
    Jul 10 2025

    This week, we discuss the mostly favorable verdict for Sean Combs, a.k.a. P. Diddy and his upcoming sentencing. In another bizarre sex-related case, two founders of OneTaste, a new-age-female-empowerment-business-slash-sex-cult, have been convicted of coercing their employees into sex acts.

    Also this week: an update on D.H.S. vs. D.V.D., a case where the Supreme Court’s orders have been fairly inscrutable and the litigants have now been deported to South Sudan; another shadow docket victory for the administration; the Trump administration’s lawless claim that it can waive the TikTok ban and how there’s probably no way for their action to be remedied in the courts; what can be done when a president extracts bribe-like payments from corporations; and we look at the trouble the administration created for itself by fanning the flames of Epstein conspiracies it now can’t document.

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    48 min
  • Nationwide Injunctions Are Enjoined
    Jul 1 2025
    This is a free preview of a paid episode. To hear more, visit www.serioustrouble.show

    For all subscribers: a discussion of the Sean Combs jury deliberations and a look at the 6-3 Supreme Court ruling in Trump v. CASA that says trial courts (generally) can no longer issue nationwide injunctions. As Ken and I discuss, the ruling is sure to greatly change how aggressive executive branch actions get litigated, but the exact nature of the change is not yet clear.

    Paying subscribers also get a look at Gavin Newsom’s new defamation suit against Fox News (sigh), Donald Trump’s gambit to get his lawsuit against Iowa pollster Ann Selzer back out of federal court, an update on the cooperating witness against Kilmar Abrego Garcia, Trump’s weird lawsuit against all the federal judges in Maryland, and Susman Godfrey’s victory in court over Trump’s executive order seeking to punish the firm.

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    22 min
  • One-Way Ticket to South Sudan
    Jun 26 2025

    More shadow docket news on this week’s show: The Supreme Court’s conservative majority blocked an order from a federal judge in Boston that had imposed due process requirements when the Trump administration tries to deport migrants to countries other than their countries of origin. As is often the case with shadow docket orders, the judges in the majority did not explain their reasoning, leaving the lower courts without clear guidance on what to do next: was the order blocked because the class of affected detainees was too broad, or for some other reason?

    Plus: an update on California’s litigation over federalization of the National Guard, a look at the whistleblower allegations against now-federal-judicial-nominee Emil Bove, a look at the bail decision for Kilmar Abrego Garcia (who’s likely to end up in ICE custody regardless), and a discussion of the Trump administration’s decision (and Joe Biden’s decision) not to assert executive privilege as the House Oversight Committee looks into theories about autopen use in Biden’s administration.

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    40 min
  • Of And Concerning
    Jun 19 2025

    It’s been a big week for some of the dumber litigation we follow around here. It’s not all dumb — we start with an update on California’s litigation over the deployment of the National Guard in Los Angeles, where the state has gotten relief at the trial court level but faces a tough road in the appeals courts. And we look at a case in Boston where a federal judge has blocked, for now, the cancellation of certain grants the National Institutes of Health have deemed excessively DEI-related.

    Then we have updates on Mike Lindell, who says the $2.3 million defamation judgment against him is actually a victory; Michael Avenatti, who appealed his sentence and got it reduced very slightly (rare win!); and various Proud Boys, who made the mistake of hiring a felon to be their lawyer; some weird drama at the Second Circuit Court of Appeals, where Judge Stephen Menashi is really annoyed his colleagues didn’t want to reopen the E. Jean Carroll litigation. And we look at juror drama at the P. Diddy trial. And — most excitingly — Josh makes Ken talk about the Real Housewives.

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    43 min