PODCAST

Serious Trouble

Josh Barro and Ken White

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

news news commentary

All Episodes

19:41

Hell No Bill

Serious Trouble ·

2026/02/13

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week Ken and Josh discuss a D.C. grand jury declining to indict Democrats in Congress, Don Lemon's new high-profile lawyer, and Trump's lawsuit against the IRS.That’s for all subscribers this week. Paying subscribers get more conversation:* A look at a highly consequential ruling from the Fifth Circuit, upholding the Trump Administration’s novel and very aggressive views on what aliens it may detain pending

24:01

Court Therapy

Serious Trouble ·

2026/02/07

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week, Ken and Josh discuss Julie Le, the DOJ lawyer who vented in court that it "sucks" to represent this government. They cover what you should do if you’re a lawyer whose client is frustratingly non-compliant and taking actions that bother you; venting to the judge is the wrong course of action, but there are other options available.That’s for all subscribers. Paying subscribers will also get our takes on

43:33

Lemon Law

Serious Trouble ·

2026/01/31

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

19:20

120 Days

Serious Trouble ·

2026/01/23

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

27:17

You Are Not Jay Powell

Serious Trouble ·

2026/01/16

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

24:36

Cartel De Los Soles

Serious Trouble ·

2026/01/09

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week’s episode starts with the arrest and indictment of Nicolas Maduro, and the fatal shooting of Renee Nicole Good at the hands of an ICE agent in Minneapolis. That’s for free subscribers. Paying subscribers also get a look at a shadow docket ruling from the Supreme Court that curtailed Trump’s ability to deploy the national guard, and the surprising statutory reading that got a majority of the court there. We

36:39

⬛⬛⬛⬛⬛⬛⬛⬛⬛⬛

Serious Trouble ·

2025/12/23

Some of the Epstein files have been released, but there's a lot of blacked-out text and pictures. The Justice Department is supposed to redact certain information but of course there’s the ever-present question of whether all redaction “errors” are errors, or whether this administration has its thumb on the scale for the president.Also in this episode: the Pulitzer Board requests President Trump's medical, financial and tax records, an LA man who towed an ICE vehicle around the block during a raid

22:10

What Part of 'No Bill' Don't You Understand?

Serious Trouble ·

2025/12/16

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showA grand jury has refused to indict Letitia James — no, this isn’t a repeat of last week’s email; it just happened again since we last recorded. This time, it’s a different grand jury, and we discuss further impediments to the resurrection of the cases against her and James Comey. That, plus a discussion of the unlikely-to-matter pardon of former Colorado election official Tina Peters, is for free subscribers this

41:35

You Can Take the Girl Out of New Jersey

Serious Trouble ·

2025/12/10

This week: more news in the Letitia James and James Comey cases. DOJ tried to re-indict James, but they got a no-bill, and in the Comey case, the government is a bit held up by a motion from Comey's sometime-lawyer and friend. Meanwhile, Lindsey Halligan is still running around, acting like she’s the U.S. Attorney (even though the fact that she isn’t is why these cases got dismissed), but Alina Habba has thrown in the towel, moving to main Justice to advise Pam Bondi and declaring “you can take the

23:21

Cases Dismissed

Serious Trouble ·

2025/12/05

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThe criminal cases against James Comey and Letitia James were both dismissed, without prejudice, on the grounds that former insurance attorney Lindsey Halligan was never properly appointed as an interim US Attorney. Trump’s Justice Department has options, and we talk through them. That conversation is for free listeners. For paid subscribers this week, we also address:* A rare favorable ruling for the Trump

18:02

Here Come the Epstein Files

Serious Trouble ·

2025/11/21

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showNow that Congress has voted overwhelmingly to require the release of the Epstein files, we discuss what’s likely to be in those files, what the administration might do to undermine the intent of the law requiring release, and whether we really ought to learn so much about this case. That conversation is for free subscribers. Paying subscribers get much more this week — a look at the rapidly increasing number of

18:31

Sandwiches For All

Serious Trouble ·

2025/11/14

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showSandwich Guy is free! Sean Dunn was acquitted of simple assault by a jury of his peers. Meanwhile, Lindsey Halligan continues to face difficulties in her case against James Comey, and the Justice Department generally is having trouble finding a sufficient number of qualified attorneys. That’s all in this week’s free show.There’s much more this week for paying subscribers, including:* A look at why Justice Ketanji

19:15

Snap Decisions

Serious Trouble ·

2025/11/04

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showOn this week's show for everyone: two court decisions direct the Trump administration to continue sending SNAP (food stamp) funds to states and the administration has chosen not to appeal these orders — likely not relishing the politics of withholding SNAP funds — but the legal situation may get more complicated if the shutdown does not end soon. Plus: more motions from James Comey.For paying subscribers: legal

26:48

Literal Truth and Theoretical Conflicts

Serious Trouble ·

2025/10/30

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week, both James Comey and Letitia James continue to seek dismissal of the criminal charges brought against them, and one argument they’ve both made will be considered by a judge from another state. We talk about why that's happening, we also discuss a lesson from the Barry Bonds steroids case that could be relevant for Comey, and we look at a complaint James has made about Halligan’s communications about grand

23:15

Insider Betting

Serious Trouble ·

2025/10/25

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showThis week in the free episode: the indictment of John Bolton and how it's pretty different from the Comey indictment, plus Trump's apparent demand that the Justice Department pay him $230 million for the indignity of being prosecuted.Paying subscribers also get to hear a dive into two wild NBA-related indictments that came down this week in the Eastern District of New York. One indictment alleges that conspirators,

19:12

Drake's Not Like Us (Familiar With Defamation Law)

Serious Trouble ·

2025/10/17

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showLetitia James has been indicted, as President Trump’s retribution campaign continues. (So has John Bolton, but that happened after we recorded.) While the Bolton indictment has a forbidding, professional feel, the James indictment does not, and is likely to be vulnerable to some of the same attacks James Comey is raising against his own indictment. But then, is the point even to get a conviction? Plus: another US

15:21

Race To Trial

Serious Trouble ·

2025/10/09

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showJames Comey has been arraigned and has a trial date of January 5. Both his lawyer and the judge appear set on moving rapidly to trial, and the government is rushing to be ready. We discuss the motions it sounds like Comey's legal team will file, which likely will be helped by the message from the president demanding Comey’s prosecution that does really appear to have been intended as a private message for Attorney

19:42

Grand Jury Shopping

Serious Trouble ·

2025/10/02

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showWe know more this week about indictment of James Comey. Maybe the grand jury vote was weak, but an indictment is an indictment, right? Maybe not. We discuss how Comey’s attorneys are likely to seek dismissal of the indictments. Meanwhile, we have some more detail on how the FBI came to be conducting a public corruption investigation into Tom Homan when he wasn’t even a public official. That — plus a discussion of

21:59

Stop Making Us Defend James Comey

Serious Trouble ·

2025/09/27

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showJames Comey has been indicted, charged with making a false statement and obstruction of justice. Now, the government will try to prove he lied to Congress when he said he never “authorized someone else at the FBI to be an anonymous source in news reports” about the investigation of Hillary Clinton’s emails, even though he had, in fact, authorized “Person 3” to do this. But — who will prosecutors say Comey did

18:39

Federal Censorship Commission

Serious Trouble ·

2025/09/19

This is a free preview of a paid episode. To hear more, visit www.serioustrouble.showDisney has “indefinitely” ceased airing Jimmy Kimmel Live under pressure from FCC chairman Brandon Carr and from Nexstar and Sinclair, two major owners of ABC affiliate stations, which themselves faced significant pressure from Carr. It is illegal for federal officials to “jawbone” private actors into punishing other private actors for their speech, but for relief to be possible, there has to be a pretty clear

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