Jul 21 • 31M

Consider This a Target Letter

DA Fani Willis has warned Trump's fake Georgia electors they may be prosecuted. Plus: the Barr/Garland memos, and defamation in Indiana.

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An irreverent podcast about the law from Josh Barro and Ken White.
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Dear listeners,

Here’s another episode of Serious Trouble! We talk about developments in Fulton County DA Fani Willis’s investigation of efforts to steal Georgia’s electoral votes in the 2020 election. Willis sent “target letters” telling all 16 members of the fake Trump slate they might be prosecuted. When do DAs send letters like that, and what should you do if you get one?

Plus, we discuss a memo from Attorney General Merrick Garland, which lays out the cautions US Attorneys should take before bringing politically sensitive indictments. Some liberals think this means he’s flinching on Trump, but Ken argues it’s just a restatement of longstanding — and sensible — DOJ practice.

And, Indiana’s Attorney General called the doctor who performed an abortion for a 10-year-old girl from Ohio “an abortion activist posing as a doctor, with a history of failing to report,” on national television. And he suggested she might have committed a crime — but she reported the evidence of rape of a minor promptly as required by law and her licensure record shows no prior reporting violations. Now she’s threatening to sue him for defamation — but states are empowered to limit the extent to which they and their employees can be held liable for defamation. What’s her recourse in Indiana?

Click here for a transcript of the episode.

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