Category: 3-LawSometimeCommentary

Leah, Melissa, and Kate dive into the raging legal battles over redistricting ahead of next year’s midterms, Interim U.S. Attorney Lindsey Halligan’s massive oopsies in her prosecution of James Comey, developments with L’Affaire Epstein, and other assorted legal quagmires and outrages from the Trump administration. Then, Kate chats with University of Minnesota Law Professor Jill Hasday about her book We the Men: How Forgetting Women's Struggles for Equality Perpetuates Inequality. Check out Leah’s review of Justice Amy Coney Barrett’s book, Listening to the Law, for the Los Angeles Review of Books here.

Favorite things:

• Kate: Lux, Rosalía; The Unraveling of the Justice Department, Emily Bazelon and Rachel Poser (NYT); Wild Dark Shore, Charlotte McConaghy; The Gods of New York: Egotists, Idealists, Opportunists, and the Birth of the Modern City: 1986-1990, Jonathan Mahler
• Leah: Mature, Hilary Duff; The Pop-Tarts Bowl; Cupcakin’ Bake Shop in Berkeley
• Melissa: Judith Browne Dianis & Alexei Navalny win the inaugural Kettering Democracy Prize; Meghan’s Moment, Kaitlyn Greenidge (Harper's Bazaar); Meet the Veteran Who Chases ICE on a Scooter, Isabela Dias (Mother Jones)

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 3/6/26 – San Francisco
• 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

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OA1210 - This week we welcome journalist and author John J. Lennon, who is calling in from New York’s Sing Sing Correctional Facility where he is serving 25 years to life for murder. Lennon’s extraordinary new book The Tragedy of True Crime: Four Guilty Men and the Stories that Define Us tells his own story alongside that of three other men whose crimes were sensationalized by the media--including Manhattan “Preppy Killer” Robert Chambers--after they were convicted for murders which they unquestionably committed. It challenges us to consider what life is like for the subjects of these documentaries and re-enactments after the credits have rolled, and to ask what our national obsession with true crime is costing them--and all of us.

1. The Tragedy of True Crime: Four Guilty Men and the Stories that Define Us, John J. Lennon (2025)

2. The New York Times review of The Tragedy of True Crime, Pamela Colloff (9/23/25)

3. “A Convicted Murderer’s Case for Gun Control,” John J. Lennon, The Atlantic (8/21/2013)

4. “The True Crime Stories You See on TV Are Leaving Out Something Big,” John J. Lennon, Slate (10/13/2025)

5. “When Your Crime Becomes a Dick Wolf Show,” John J. Lennon, Rolling Stone (7/19/2025)

Dahlia Lithwick is joined by former federal prosecutor Mimi Rocah, who brings her extensive experience trying and supervising federal criminal cases to a discussion of what the survivors of Jeffrey Epstein’s sexual abuse can teach us about justice. She suggests that the Trump administration’s eleventh-hour switchback tactic of calling for investigations of only Democrats speaks volumes about how the Justice Department is functioning these days, proving that vindictive prosecutions are the only game in town, bonus if they also have the effect of power-washing the president’s shadow from the scandal. Next, they turn to the extraordinary scenes in a Virginia courtroom this week, as the DOJ’s case against former FBI director and Trump foe James Comey seemed ready  to fall apart at the seams. As this administration’s practice of political interference in legal proceedings is supercharged by dear leader’s “Dear Pam”  posts to “his” AG Pam Bondi, this conversation highlights why judicial integrity and the ever-expanding ranks of judges refusing to accept lies, are among the last best hopes for equal justice under the law in America. 

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OA1209 - Are you done with legal doomerism? Us too. Take some time away from doomscrolling and join Matt and Jenessa for Rapid Response Friday as we consider four stories of legal corruption and authoritarianism failing in the face of honest federal judges, and a footnote about how one brave prison nurse exposed even more corruption in Epstein accomplice Ghislaine Maxwell’s special treatment by the Trump administration.

1. Complaint in United States v. State of New York, Northern Dist. of NY (7/9/25)

2. New York’s motion to dismiss in U.S. v. New York (8/4/25) 

3. Judge Mae D’Agostino’s order granting plaintiff’s motion to dismiss in U.S. v. NY (11/17/25) 

4. Indictment of James Comey, Eastern Dist. of VA (9/25/25)

5. Judge William Fitzpatrick’s order granting disclosure of grand jury materials in U.S. v. Comey (EDVA)(11/20/25)

6. Judge Jeffrey Brown’s order in LULAC v. Abbot, Western Dist. of TX (11/18/25)

7. Decision on the Kingdom of Saudi Arabia’s motion to dismiss in 9/11 litigation, Southern Dist. of NY (8/28/25)

Check out the OA Linktree for all the places to go and things to do!

Will and Dan record a rare live show in an unusual venue: the Salamander Resort in Middleburg, Virginia, at the annual attorney retreat for trial boutique Wilkinson Stekloff. Dan teaches Will some of the new lingo he's learned from the firm's trial experts before a deep dive into civil procedure. First, we dig into the recently argued Coney Island Auto Parts Unlimited v. Burton, which presents a seemingly easy legal question and harder questions about SCOTUS advocacy and ethics. Then we look back at last Term's LabCorp v. Davis, which the Court DIG'd but which raises some fundamental questions about class action litigation that the Court is likely to revisit down the road.  

VR14 - Part 2 of the Epstein files

We continue our first look at some highlights from last week's massive release of more than 20,000 pages of material from the estate of Jeffrey Epstein released by the House Oversight Committee, including Steve Bannon and ASU professor Lawrence Krauss among others. We  also consider Megyn Kelly's appalling response before leaving the last word where it belongs: with the women who have come forward to tell their stories on behalf of themselves and those who will never be able to.

1. Epstein survivors press conference held outside the US Capitol (9/3/25)

Check out the OA Linktree for all the places to go and things to do!

We return to the tariff case and continue to hear from the justices and the advocates in their own voices from the oral argument.  This time, a 20 year old argument from Vik Amar takes center stage with apparent approval from several key justices, and several of the Court’s female justices join forces to make life difficult for the Solicitor General.  We also review some of the emerging implications from the recent election, and a bill coming out of Illinois that takes its inspiration from a 40 year old argument made by Professor Amar. Part 2 of 2. CLE credit is available for lawyers and judges from podcast.njsba.com.

OA1208 - We go beyond the Trump-related content in the latest round of Epstein disclosures by the House Oversight Committee to explore what we can learn from the many people in Jeffrey Epstein's orbit who flattered, patronized, and enabled him. Part 1 of 2.

1. Searchable database of Epstein records released by Courier 

2. Falling Upward: The Surprising Survival of Larry Summers, Robert Kuttner, The American Prospect (7/13/2020)

3. Investigation at Yale Law School, Dahlia Lithwick & Susan Matthews, Slate (10/5/2018)

4. Report on Sexual Harassment at Yale, Yale Law Women Board (10/2020)

Watch this episode on YouTube here: https://youtu.be/2NX71EJ8nJc

Check out the OA Linktree for all the places to go and things to do!

Kate and Leah run through the latest legal news, including updates on the SNAP benefits case, the email dump that revealed Jeffrey Epstein's deep ties to the establishment, and the political persecution of Representative LaMonica McIver. Then they catch up on the past couple weeks of oral arguments at the Supreme Court, which featured bad signs for a prisoner seeking damages after a flagrant violation of his religious rights, some relaxing detours into civil procedure, and Brett Kavanaugh’s deeply felt sense of injustice over…lawsuits against military contractors.

Favorite Things:

• Leah: Broken Country, Clare Leslie Hall; Wild Dark Shore, Charlotte McConaghy; First Lie Wins; Dopamine, Robyn; Joyce Carol Oates on X; In Matt Gaetz Scandal, Circumstances Left Teen Vulnerable to Exploitation, Michael S. Schmidt (NYT)
• Kate: The Preventionist (Serial, NYT); Everybody Scream, Florence + The Machine; The Long Christmas Dinner, Symphony Space; A Year On From Trump’s Victory, Resistance Is Everywhere, Rebecca Solnit (Guardian)

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 3/6/26 – San Francisco
• 3/7/26 – Los Angeles

Learn more: http://crooked.com/events

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Follow us on Instagram, Threads, and Bluesky

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

After a predictably unpredictable set of detours through Latin grammar, parenthing philosophies, and 90s video games, we catch up on the latest shadow (interim?) docket activity and recap the oral argument in the tariffs cases.