Latest / Serious Trouble / XL Brief
Transcript
- 0:00SPEAKER_01: Hey, this is Josh Barrow, back with another episode of Serious Trouble.
- 0:03SPEAKER_01: On this week's episode,
- 0:04SPEAKER_01: Ken and I break down the 185-page memo from Jack Smith laying out the evidence he
- 0:09SPEAKER_01: wants to bring against Donald Trump in the case related to January 6th and why he
- 0:12SPEAKER_01: says it is not barred by the Supreme Court decision on presidential immunity.
- 0:17SPEAKER_01: The memo has to be so long because he has to go piece by piece and explain why this
- 0:21SPEAKER_01: piece of evidence and this piece of evidence and this piece of evidence is allowed
- 0:23SPEAKER_01: in the case.
- 0:24SPEAKER_01: It's going to set off probably years of pretrial motions,
- 0:27SPEAKER_01: but Ken and I talk about what evidence Jack Smith has brought forward here and what
- 0:32SPEAKER_01: his case is about why it's not barred by that Supreme Court decision that
- 0:35SPEAKER_01: significantly complicated his life.
- 0:38SPEAKER_01: That's the free episode of Serious Trouble this week.
- 0:40SPEAKER_01: If you were a paying subscriber, you'd also hear about a bunch of other things.
- 0:43SPEAKER_01: You'd hear about some extreme bitchiness in Fulton County.
- 0:47SPEAKER_01: This is not the Trump RICO case, the other RICO case.
- 0:50SPEAKER_01: one about YSL and Young Thug,
- 0:52SPEAKER_01: the case that's probably going to go on even longer than the January 6th related
- 0:56SPEAKER_01: case up in Washington.
- 0:58SPEAKER_01: You have prosecutors filing a motion basically saying, judge, please stop ruling against us.
- 1:03SPEAKER_01: one-page memo.
- 1:04SPEAKER_01: I asked Ken if that's a thing that you do,
- 1:06SPEAKER_01: and the answer to that seems to be no,
- 1:07SPEAKER_01: but we talk about why you might do it anyway.
- 1:10SPEAKER_01: We also talk about Garth Brooks,
- 1:12SPEAKER_01: who is being sued anonymously for sexual assault and hostile work environment.
- 1:16SPEAKER_01: He also tried to sue anonymously.
- 1:18SPEAKER_01: He filed lawsuit in Mississippi as an anonymous celebrity trying to stop someone
- 1:23SPEAKER_01: from filing an anonymous lawsuit against him.
- 1:26SPEAKER_01: We also talk about Joe Gao,
- 1:27SPEAKER_01: the one-time chancellor of the University of Wisconsin at La Crosse,
- 1:31SPEAKER_01: who had a side career as a vegan porn star.
- 1:34SPEAKER_01: They fired him not just from the chancellorship,
- 1:36SPEAKER_01: but from his professorship,
- 1:37SPEAKER_01: and now he's suing,
- 1:39SPEAKER_01: saying that's a violation of his rights.
- 1:41SPEAKER_01: He did have tenure, after all.
- 1:43SPEAKER_01: We also talk about that Deadspin article you might remember from last year,
- 1:47SPEAKER_01: accusing a nine-year-old who wore an Indian headdress to a Kansas City Chiefs game
- 1:50SPEAKER_01: of
- 1:51SPEAKER_01: of being racist and also wearing blackface,
- 1:53SPEAKER_01: even though they posted a photo of only half of his face,
- 1:55SPEAKER_01: not showing that half of his face was red and half of it was black for the chiefs
- 1:59SPEAKER_01: rather than being blackface in the usual sense.
- 2:02SPEAKER_01: We talk about Tina Peters,
- 2:03SPEAKER_01: the insane Mesa County clerk out in Colorado who breached the voting machines there,
- 2:08SPEAKER_01: trying to prove some sort of conspiracy against Donald Trump.
- 2:10SPEAKER_01: She got nine years in prison for that, which is a lot.
- 2:13SPEAKER_01: And we talk about why that happened.
- 2:15SPEAKER_01: And finally, Eric Adams.
- 2:16SPEAKER_01: There are updates here.
- 2:17SPEAKER_01: We talk about a not crazy motion that his attorney brought,
- 2:21SPEAKER_01: saying that one of the charges against him should be dismissed.
- 2:24SPEAKER_01: And we also talk about some of the internal politics in the mayor's office.
- 2:27SPEAKER_01: People keep resigning.
- 2:28SPEAKER_01: And Ken and I talk about why you might need to resign if you haven't been charged
- 2:32SPEAKER_01: yet but might be charged in a conspiracy with various other people you work with.
- 2:37SPEAKER_01: So anyway, if you want to hear all that, it's a really good, quite long episode, about 50 minutes.
- 2:42SPEAKER_01: And if you want to hear that episode and every full episode that we put out almost
- 2:45SPEAKER_01: every week on this show,
- 2:46SPEAKER_01: about 50 episodes a year,
- 2:48SPEAKER_01: I encourage you to go to SeriousTrouble.show and upgrade,
- 2:50SPEAKER_01: and you can become a full paying subscriber,
- 2:53SPEAKER_01: and then you'll get access to everything.
- 2:54SPEAKER_01: You'll be part of our community.
- 2:55SPEAKER_01: You can join our comments section, and we will love you eternally.
- 2:59SPEAKER_01: So again, go to SeriousTrouble.show.
- 3:00SPEAKER_01: Thank you.
- 3:10SPEAKER_01: Hi, it's Ken White.
- 3:11SPEAKER_01: And it's Josh Barrow, and this is Serious Trouble.
- 3:14SPEAKER_01: Ken, I want to start this week with a 185-page memo.
- 3:19SPEAKER_01: Were you excited about this reading assignment, Jack Smith?
- 3:22SPEAKER_01: First of all, I thought the limit was 180.
- 3:23SPEAKER_01: How did he get up to 185?
- 3:24SPEAKER_00: The limit, as you know, is 20.
- 3:29SPEAKER_00: And so he had to file a request to file an oversized brief,
- 3:33SPEAKER_00: which is the sort of bullshit you have to put up with if you litigate in federal court.
- 3:37SPEAKER_00: So, yeah, how do I feel about this?
- 3:39SPEAKER_00: I felt about as good as you would think someone who's in the middle of a trial
- 3:43SPEAKER_00: called upon to read a 185-page document would feel.
- 3:48SPEAKER_00: But, you know, there aren't too many redactions.
- 3:50SPEAKER_00: It's written in a fairly entertaining style.
- 3:52SPEAKER_00: It's not the worst document I've read this week, so not bad.
- 3:55SPEAKER_01: So the reason that this document had to be so long is that there was this quite
- 3:59SPEAKER_01: confusing Supreme Court ruling establishing some sort of presidential immunity from prosecution.
- 4:04SPEAKER_01: Right.
- 4:04SPEAKER_01: But then laying out various different categories,
- 4:06SPEAKER_01: there are core functions of the presidency for which the president is absolutely
- 4:11SPEAKER_01: immune from prosecution.
- 4:13SPEAKER_01: And then there are other official but non-core functions for which there's some
- 4:16SPEAKER_01: sort of presumption of immunity,
- 4:19SPEAKER_01: but that presumption may be able to be rebutted.
- 4:21SPEAKER_01: They didn't fully explain exactly how you would rebut it.
- 4:24SPEAKER_01: And then finally, there's unofficial acts for which there's no immunity.
- 4:27SPEAKER_01: And so Jack Smith had to go through the individual pieces of evidence that they
- 4:31SPEAKER_01: presented to the grand jury,
- 4:32SPEAKER_01: the new grand jury in this case.
- 4:34SPEAKER_01: They had to go to a new grand jury,
- 4:35SPEAKER_01: present evidence anew,
- 4:37SPEAKER_01: untainted from whatever evidence had been presented in the prior version of the case.
- 4:41SPEAKER_01: And now they have to lay out either,
- 4:43SPEAKER_01: you know,
- 4:43SPEAKER_01: these acts are unofficial or these acts were official,
- 4:45SPEAKER_01: but we're going to rebut the presumption that Donald Trump is immune from
- 4:49SPEAKER_01: prosecution for them.
- 4:51SPEAKER_01: And because there are many acts, it's necessarily a long document.
- 4:54SPEAKER_01: Is that a fair summary of what's in this document and why?
- 4:58SPEAKER_00: It is,
- 4:58SPEAKER_00: and you have to keep in mind that the Supreme Court required it to be so by saying
- 5:03SPEAKER_00: that the analysis of whether something is an official act is very specific and fact-based.
- 5:09SPEAKER_00: It can require analysis of the entire context of a single tweet.
- 5:15SPEAKER_00: So they need to go into a great amount of detail in order to make their case.
- 5:20SPEAKER_00: The special counsel's argument here is that
- 5:24SPEAKER_00: Almost all the things that are left in the superseding indictment are not official acts.
- 5:28SPEAKER_00: They're private acts done in the capacity of a candidate for president,
- 5:33SPEAKER_00: not in the official capacity as the president.
- 5:36SPEAKER_00: The one exception is the communications with Mike Pence,
- 5:41SPEAKER_00: which they concede a certain core of communications with Pence about their
- 5:46SPEAKER_00: respective functions could be official acts.
- 5:49SPEAKER_00: But Jack Smith argues that he can overcome the presumption there by showing what
- 5:55SPEAKER_00: the Supreme Court refers to as showing that applying a criminal prohibition to that
- 6:00SPEAKER_00: act would pose no danger of intrusion into the authority and functions of the
- 6:04SPEAKER_00: executive branch.
- 6:06SPEAKER_00: So most of it is devoted to saying that most of the acts are not official.
- 6:10SPEAKER_00: Some of it is talking about the core of Pence communications.
- 6:15SPEAKER_01: And so those acts that Jack Smith is saying are not official have to do with
- 6:20SPEAKER_01: President Trump interacting with various people outside the administration,
- 6:25SPEAKER_01: trying to obtain the outcome that he wanted in the counting and certifying of the
- 6:29SPEAKER_01: votes in this election.
- 6:30SPEAKER_01: And so that might be state officials, people associated with the campaign, that sort of thing.
- 6:34SPEAKER_01: Right.
- 6:35SPEAKER_01: I'm thinking back to conversations we had years ago about the Westfall Act and the
- 6:53SPEAKER_01: Because the president has to maintain a public image and certain things that are
- 6:58SPEAKER_01: directed toward maintaining public support may be within his official capacity,
- 7:02SPEAKER_01: even if they are addressing purely private conduct that occurred before he entered office.
- 7:09SPEAKER_01: And so with that standard,
- 7:11SPEAKER_01: the idea of what an official act was is so broad that it seems like it would
- 7:14SPEAKER_01: encompass a lot of this stuff.
- 7:16SPEAKER_01: The official act standard here is different than the official act standard that
- 7:19SPEAKER_01: we're used to dealing with in that other context.
- 7:21SPEAKER_01: Right.
- 7:21SPEAKER_00: Yeah,
- 7:22SPEAKER_00: it would be nice if you could say that the Supreme Court's immunity decision relied
- 7:27SPEAKER_00: substantially on contours from earlier cases,
- 7:30SPEAKER_00: because in those cases,
- 7:31SPEAKER_00: could inform how we look at this,
- 7:33SPEAKER_00: but it really didn't follow the Westfall Act case law,
- 7:37SPEAKER_00: which is,
- 7:38SPEAKER_00: you know,
- 7:38SPEAKER_00: still developing and a little blurry at the edges anyway.
- 7:41SPEAKER_00: The Supreme Court went its own way because this is not a statutory issue, but a constitutional issue.
- 7:47SPEAKER_00: And its definition of official acts is somewhat different and frankly,
- 7:53SPEAKER_00: not as well defined as it is with the Westfall Act.
- 7:56SPEAKER_00: So, although the government tried to restrict it with that analysis, the court didn't bite.
- 8:01SPEAKER_00: And so,
- 8:02SPEAKER_00: now what Jack Smith is having to do is read this opinion,
- 8:07SPEAKER_00: estimate where the court's going to go next and how it's going to fill in those
- 8:10SPEAKER_00: blank spaces,
- 8:12SPEAKER_00: and try to apply that standard,
- 8:15SPEAKER_00: some of which they're sort of guessing at at the future,
- 8:18SPEAKER_00: to all these acts.
- 8:19SPEAKER_00: The other thing that's going on, Josh, that makes this such a long brief,
- 8:22SPEAKER_00: is that, remember, they have to talk about not just crimes, but evidence of crimes.
- 8:26SPEAKER_00: So the Supreme Court said that official acts could also be barred from being even evidence in a case.
- 8:33SPEAKER_00: So,
- 8:33SPEAKER_00: you know,
- 8:34SPEAKER_00: if you did an official act and that showed your intent to do some unofficial act,
- 8:39SPEAKER_00: that might still be barred.
- 8:41SPEAKER_00: And that's why,
- 8:42SPEAKER_00: for instance,
- 8:43SPEAKER_00: there's a large section in here documenting all the different ways that are gonna
- 8:47SPEAKER_00: prove
- 8:48SPEAKER_00: that Donald Trump knew that he had lost the election,
- 8:50SPEAKER_00: that his claims were bogus,
- 8:52SPEAKER_00: because they have to trace those no longer to conversations with members of the administration,
- 8:58SPEAKER_00: but trace them to conversations with family and with campaign staff and things like
- 9:03SPEAKER_00: that to show that they're clean.
- 9:06SPEAKER_01: So supposing that Judge Chuck can agrees with Jack Smith that all of the evidence
- 9:11SPEAKER_01: in here can be allowed in and supposing that that survives on appeal,
- 9:15SPEAKER_01: presumably ultimately the Supreme Court will at some point weigh in on this and
- 9:19SPEAKER_01: have to clarify their prior decision on presidential immunity if this case continues.
- 9:25SPEAKER_01: Has Jack Smith lost anything in the evidence here that you think is important?
- 9:29SPEAKER_01: I mean,
- 9:30SPEAKER_01: I know that,
- 9:30SPEAKER_01: for example,
- 9:31SPEAKER_01: there was a lot of discussion in the prior version of this case about interactions
- 9:34SPEAKER_01: that Trump had with his own Justice Department.
- 9:36SPEAKER_01: That's out of the case.
- 9:37SPEAKER_01: Is it going to be harder to prove that Trump committed crimes because of the set of
- 9:41SPEAKER_01: restrictions on the evidence that would be indicated by this brief?
- 9:44SPEAKER_00: No,
- 9:45SPEAKER_00: you do lose the theory that Trump coerced the Justice Department to open a bogus
- 9:50SPEAKER_00: fraud investigation that he knew was bogus.
- 9:54SPEAKER_00: And so you, you know...
- 9:56SPEAKER_00: You lose the verisimilitude with Jeff Clark and telling him to,
- 10:01SPEAKER_00: you know,
- 10:01SPEAKER_00: we'll tell you when there's an oil spill and that sort of fun stuff.
- 10:04SPEAKER_00: You lose some of the evidence of Trump learning from White House officials that he
- 10:12SPEAKER_00: did in fact lose and some of his communications with them.
- 10:15SPEAKER_00: But one thing that Jack Smith does in this is bring out a lot of further detail we
- 10:19SPEAKER_00: haven't heard about some of the communications in particular.
- 10:22SPEAKER_00: And some of the details are very convincing in that it talks about him talking to
- 10:27SPEAKER_00: family and campaign staff,
- 10:30SPEAKER_00: people telling him he lost,
- 10:31SPEAKER_00: him saying that he doesn't care,
- 10:32SPEAKER_00: that sort of thing.
- 10:34SPEAKER_00: And so I would say it does not make it a whole lot more difficult,
- 10:39SPEAKER_00: not substantially I think,
- 10:41SPEAKER_00: to prove a crime if the Supreme Court lets them prove anything.
- 10:44SPEAKER_00: Yeah.
- 10:45SPEAKER_01: A lot of the focus in the news has been on facts about what Donald Trump was up to
- 10:50SPEAKER_01: on January 6th following Twitter as the riot was proceeding at the Capitol,
- 10:56SPEAKER_01: not taking action to protect his own vice president from mob that wanted to kill him.
- 11:01SPEAKER_01: How much – I mean obviously those are bad acts that people are very bothered by
- 11:07SPEAKER_01: that matter as a political matter.
- 11:08SPEAKER_01: How central is that to the legal case here?
- 11:11SPEAKER_00: I don't think it's at the very heart of it.
- 11:13SPEAKER_00: I think it's part of the quantum of proof of the crime as it applies to trying to pressure Pence.
- 11:21SPEAKER_00: And trying to pressure Pence is probably the part that I think the Supreme Court is
- 11:26SPEAKER_00: most likely to find is within the zone of immunity just because they've signaled that.
- 11:32SPEAKER_00: And because talking to him about their respective official capacities is probably
- 11:37SPEAKER_00: closest to an arguable official act.
- 11:40SPEAKER_00: But the other January 6th stuff is mostly shown to shore up the idea that he knew
- 11:45SPEAKER_00: he lost and to shore up the idea that he was wrong.
- 11:48SPEAKER_00: acting wrongfully in various ways to try to put pressure on Pence,
- 11:52SPEAKER_00: right up to saying when someone said,
- 11:53SPEAKER_00: you know,
- 11:54SPEAKER_00: they're shouting,
- 11:55SPEAKER_00: hang Pence,
- 11:56SPEAKER_00: he doesn't care.
- 11:59SPEAKER_01: If the evidence about trying to pressure Mike Pence is allowed in,
- 12:02SPEAKER_01: there's two showings that the government would need to make,
- 12:05SPEAKER_01: right?
- 12:05SPEAKER_01: The first is that even though it's an official act, it's not within the core of
- 12:09SPEAKER_01: of the presidential function.
- 12:10SPEAKER_01: Correct.
- 12:11SPEAKER_01: And is that because the vice president,
- 12:13SPEAKER_01: when he certifies votes in Congress,
- 12:15SPEAKER_01: is acting in a legislative branch function?
- 12:17SPEAKER_01: And so while it's official, it is not a core executive branch function?
- 12:21SPEAKER_00: It's not so much that as it's about what Trump is doing.
- 12:24SPEAKER_00: So the core things are things that are within the text of the Constitution,
- 12:30SPEAKER_00: you know,
- 12:31SPEAKER_00: powers given to the president.
- 12:34SPEAKER_00: And so a core thing would be, for instance, pardoning or appointing and firing executive branch people.
- 12:43SPEAKER_00: And that's what took out
- 12:45SPEAKER_00: the claim that he threatened Department of Justice people with firing.
- 12:49SPEAKER_00: So the question is, is talking to Pence about his function in the Senate, is that core?
- 12:58SPEAKER_00: And there's not direct constitutional language saying it is.
- 13:01SPEAKER_00: So it's more likely it falls into the broader presumptive category of official acts.
- 13:07SPEAKER_01: And then so to overcome the presumption of immunity,
- 13:11SPEAKER_01: the standard again is that it has to – prosecution has to not interfere with some
- 13:16SPEAKER_01: future proper use of presidential authority?
- 13:20SPEAKER_00: The prosecution has to make a showing to the satisfaction of the court that
- 13:24SPEAKER_00: applying the criminal law to this act would pose no danger of intrusion on the
- 13:29SPEAKER_00: authority and functions of the executive branch,
- 13:33SPEAKER_00: which to me is –
- 13:36SPEAKER_00: Pure, it is what the judge says it is.
- 13:39SPEAKER_00: Okay, because that's almost like a philosophical point.
- 13:42SPEAKER_00: That seems like a really high bar.
- 13:43SPEAKER_00: Well, it's as high as the court wants it to be.
- 13:45SPEAKER_01: Well,
- 13:46SPEAKER_01: but I mean,
- 13:46SPEAKER_01: you know,
- 13:46SPEAKER_01: you could have a future president that,
- 13:49SPEAKER_01: you know,
- 13:49SPEAKER_01: I mean,
- 13:49SPEAKER_01: suppose the vice president was going to act unlawfully.
- 13:52SPEAKER_01: In the count of the electoral votes and the president called him up and said,
- 13:55SPEAKER_01: you know,
- 13:55SPEAKER_01: you better do the thing that you're required to do.
- 13:58SPEAKER_01: It seems like,
- 13:59SPEAKER_01: you know,
- 14:00SPEAKER_01: the you could conceivably have a president be worried that the courts will take a
- 14:04SPEAKER_01: different view of what the vice president was supposed to do.
- 14:09SPEAKER_01: I mean,
- 14:09SPEAKER_01: it just seems like such a high bar because almost anything could impact how a
- 14:14SPEAKER_01: future president might feel about taking a lawful exercise of related powers.
- 14:20SPEAKER_00: Absolutely.
- 14:21SPEAKER_00: And it's also a very high bar because the whole analysis can be manipulated by what level of generality.
- 14:28SPEAKER_00: So do you use – does it intrude upon the authority in function of the executive branch?
- 14:34SPEAKER_00: to try to convince the vice president not to approve votes for unlawful reasons?
- 14:43SPEAKER_00: Or do you use the generality?
- 14:46SPEAKER_00: Does it threaten the authority and functions of the executive branch to criminalize
- 14:50SPEAKER_00: talking to other members of the executive branch about how they carry out their duties?
- 14:56SPEAKER_00: So how you describe the act and the level of generality you use and whether or not
- 15:01SPEAKER_00: you use motive with the decision suggests you can't very much determines the outcome.
- 15:07SPEAKER_01: Jack Smith had to go get a new grand jury and do a new presentation of this
- 15:10SPEAKER_01: evidence so that there wouldn't be a concern that the grand jury,
- 15:13SPEAKER_01: even if they returned a new indictment on a narrower piece of evidence,
- 15:16SPEAKER_01: that they weren't tainted by having seen other disallowed evidence.
- 15:20SPEAKER_01: If he loses on any aspect of the evidence that he wants to bring in here –
- 15:24SPEAKER_01: Now there's a new grand jury that will have seen evidence that's not allowed in the case.
- 15:27SPEAKER_01: Would he have to go back a third time and get yet another fresh indictment from a
- 15:31SPEAKER_01: fresh grand jury with the more limited set of evidence?
- 15:34SPEAKER_00: He might.
- 15:34SPEAKER_00: I mean, the court have not yet ruled on that type of taint in the.
- 15:40SPEAKER_00: grand jury process.
- 15:41SPEAKER_00: But the Supreme Court that decided this immunity decision,
- 15:45SPEAKER_00: I think,
- 15:46SPEAKER_00: can probably be counted on to argue that the whole thing's a mess if any of that
- 15:50SPEAKER_00: evidence got in front of the grand jury,
- 15:52SPEAKER_00: because that seems to be their attitude about evidence,
- 15:56SPEAKER_00: that evidence is improper if it's of immune acts,
- 16:01SPEAKER_00: even if the immune acts are not being treated as the crime.
- 16:05SPEAKER_01: The former president will respond, but not until after the election, if I understand correctly.
- 16:10SPEAKER_00: See, I thought that it was in October, later in October, that his response is due.
- 16:16SPEAKER_00: But there have been a couple of different schedules that have floated, and it may change.
- 16:21SPEAKER_00: It would not surprise me if Trump asks for more time on the grounds that this is so
- 16:26SPEAKER_00: many pages,
- 16:26SPEAKER_00: I need more time,
- 16:28SPEAKER_00: and that's certainly what I would do.
- 16:29SPEAKER_01: Right.
- 16:30SPEAKER_01: And then the appeals and whatever,
- 16:32SPEAKER_01: even if Kamala Harris wins and this case continues,
- 16:34SPEAKER_01: it's going to be years of pretrial shit.
- 16:36SPEAKER_00: Yes,
- 16:36SPEAKER_00: because the courts have decided that because this is an immunity issue,
- 16:40SPEAKER_00: it deals with whether you're entitled not to be put on trial,
- 16:45SPEAKER_00: not just whether you should be convicted.
- 16:47SPEAKER_00: And therefore, he's entitled to an immediate appeal.
- 16:49SPEAKER_00: So as soon as Chutkin decides, whichever way she decides, it gets appealed to the D.C.
- 16:55SPEAKER_00: Circuit and then to the Supreme Court.
- 16:57SPEAKER_01: Speaking of proceedings that will still be ongoing after we're all dead,
- 17:02SPEAKER_01: the YSL RICO trial in Atlanta,
- 17:05SPEAKER_01: the other completely fucked up RICO case in Atlanta,
- 17:09SPEAKER_01: where Judge Uriel Glanville was removed for an appearance of bias.
- 17:15SPEAKER_01: And there was this whole issue with him having an ex-party meeting with the
- 17:18SPEAKER_01: prosecutors and a witness and a witness's attorney pressuring the witness to testify.
- 17:21SPEAKER_01: This case is proceeding with a new judge.
- 17:24SPEAKER_01: The jury was brought back after a months-long delay.
- 17:27SPEAKER_01: And then it continues to be a complete shitshow.
- 17:31SPEAKER_01: And so the latest thing,
- 17:33SPEAKER_01: there's this motion in limine from Adrian Love,
- 17:36SPEAKER_01: who's the deputy district attorney overseeing this case under Fannie Willis.
- 17:41SPEAKER_01: And the motion that they have brought says they hereby move this honorable court to
- 17:45SPEAKER_01: allow the state to present all relevant evidence to the jury and to deny objections
- 17:49SPEAKER_01: to the presentation of relevant evidence on the basis that said evidence is a,
- 17:53SPEAKER_01: quote,
- 17:53SPEAKER_01: waste of time,
- 17:54SPEAKER_01: unquote.
- 17:55SPEAKER_01: This is a motion asking the judge to rule correctly in the future?
- 17:59SPEAKER_01: Is this a thing that one moves for?
- 18:01SPEAKER_00: This is by far the bitchiest motion and quite possibly the most unfortunate.
- 18:10SPEAKER_01: That's this week's free episode.
- 18:12SPEAKER_01: If you want to hear about the bitchiest motion that Ken has seen in quite some time,
- 18:16SPEAKER_01: filed in Fulton County,
- 18:17SPEAKER_01: asking a judge to please stop ruling against me,
- 18:19SPEAKER_01: judge,
- 18:20SPEAKER_01: in writing.
- 18:21SPEAKER_01: That doesn't really work.
- 18:22SPEAKER_01: If you want to hear about Garth Brooks' failed effort to anonymously sue someone
- 18:27SPEAKER_01: who was anonymously suing him for sexual assault.
- 18:30SPEAKER_01: If you want to hear about whether you can be fired from your university
- 18:33SPEAKER_01: professorship for doing vegan porn.
- 18:35SPEAKER_01: If you want to hear about that Deadspin defamation case and about Tina Peters
- 18:38SPEAKER_01: getting nine years in prison and about updates with Eric Adams and his rainbow
- 18:43SPEAKER_01: coalition of likely future defendants in corruption-related cases in New York City,
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