The Feds got an arrest warrant for Don Lemon after all; judges protest the backlog of habeas cases that ensued from the ban on nationwide injunctions; Jeffrey Toobin is likely to have to testify.
This show is compromised. I don’t know how Ken convinced Josh not to do a segment on the lawsuit about a former NFL player’s penis being too big, but the impact on this show’s credibility is unfathomable.
I'd like to hear Ken's take on the warrant that the FBI got to raid the Fulton County election offices and remove stored ballots. That seems like a huge deal and a very dangerous precedent. On what grounds would a judge have granted that warrant? Does it bode ill for states managing their own elections in the midterms?
Thanks go Ken for gamely recording last week despite clear evidence in his voice of a recent or current illness!
One question I haven't seen or heard addressed about the Fulton County raid: What evidence would the FBI be looking for about failure to retain ballots for 22 months? If the ballots are legally disposed of after 22 months, they wouldn't be around anymore...
Another question related to the passing of time: does the statute of limitations for a crime play any role in a judge's decision to sign a search warrant, or is it sufficient that there's probable cause that a crime was committed? The question was raised, but not answered, on a recent Lawfare podcast, with respect to the the Fulton County search warrant's reference to 52 U.S.C. § 20511, coercive acts and fraud related to voting.
I have so many questions about the lawsuits against healthcare providers (civil in LA against a doctor, criminal in TX against a nurse, IIRC, possibly overlooked others). Great if you could address them sometime. 🙏
Ok Josh, if you are so inclined to not make this show only about harassing Ken, you can also talk about the court allowing Alexis Wilkins’ defamation claim to go forward about her being an undercover spy because it’s the only reason she could possibly have to sleep with Kash Patel. But this does not constitute consent to let Ken off the hook regarding Matt Kalil’s penis.
Regarding the discussion of rights surrounding the Don Lemon affair, I've said for decades now that you have all the rights you can afford to sue over. For most of us, that is none at all. We think we have rights but what we really have is obscurity. No one currently cares about us. But that can change in a heartbeat.
I find all the crying about "violation of rights" hilarious. The law and constitution are just silly theater. It's why this podcast is so massively entertaining. DHS was built as a rights violation machine and now it's been turbo charged my massive deficit spending that is driving up inflation. It's weird that judges feel so bound by the constitution and law. None of the other branches are. Time to just start throwing these ICE people in lock up for contempt. What's the worst that could happen to the judge? It's not like being impotent is bolstering public opinion of the rule of law.
Could you all address the argument that keeps popping up about exceptions to amendments for civil proceedings like immigration cases?
Basically that the 4th and 5th (and other?) amendments don't apply to civil proceedings, or maybe it's that they apply to some, but not all? It's entirely unclear to this non-lawyer engineer.
Thinking about Josh's question about Bondi's letter not being explicit enough, is that the kind of issue where the DOJ losing the presumption of regularity could come back to bite them?
Apologies that I'm still catching up with the last few weeks, but has Ken commented on whether Letitia James can/should use the Martin Act to lock up Musk (or at least make him make more mercs &or bunker developers richer if he ever returns to NYC)? (h/t Chris Armitage, who AFAIK INAL)
This show is compromised. I don’t know how Ken convinced Josh not to do a segment on the lawsuit about a former NFL player’s penis being too big, but the impact on this show’s credibility is unfathomable.
Wait, what?
https://www.startribune.com/former-viking-matt-kalil-sues-ex-wife-haley-kalil-over-viral-interview-about-their-sex-life/601572646
https://storage.courtlistener.com/recap/gov.uscourts.mnd.230080/gov.uscourts.mnd.230080.1.0_1.pdf
Stay tuned next week
You need to think up a punishment for Ken for hiding this story from you.
You’ll pay. Oh, don’t think you won’t pay.
I guess his choices were sue or throw a parade and he couldn't get a permit in time?
What is the term for a Streisand effect that you deliberately seek out?
It’s so galling. Trump has federal agents attacking blue states and cities, and the courts basically say, meh.
I'd like to hear Ken's take on the warrant that the FBI got to raid the Fulton County election offices and remove stored ballots. That seems like a huge deal and a very dangerous precedent. On what grounds would a judge have granted that warrant? Does it bode ill for states managing their own elections in the midterms?
Any chance of moving off Substack?
https://www.theguardian.com/media/2026/feb/07/revealed-how-substack-makes-money-from-hosting-nazi-newsletters
Thanks go Ken for gamely recording last week despite clear evidence in his voice of a recent or current illness!
One question I haven't seen or heard addressed about the Fulton County raid: What evidence would the FBI be looking for about failure to retain ballots for 22 months? If the ballots are legally disposed of after 22 months, they wouldn't be around anymore...
Another question related to the passing of time: does the statute of limitations for a crime play any role in a judge's decision to sign a search warrant, or is it sufficient that there's probable cause that a crime was committed? The question was raised, but not answered, on a recent Lawfare podcast, with respect to the the Fulton County search warrant's reference to 52 U.S.C. § 20511, coercive acts and fraud related to voting.
I have so many questions about the lawsuits against healthcare providers (civil in LA against a doctor, criminal in TX against a nurse, IIRC, possibly overlooked others). Great if you could address them sometime. 🙏
https://www.reuters.com/legal/government/california-doctor-is-first-face-private-lawsuit-under-texas-abortion-drug-ban-2026-02-02/
Ok Josh, if you are so inclined to not make this show only about harassing Ken, you can also talk about the court allowing Alexis Wilkins’ defamation claim to go forward about her being an undercover spy because it’s the only reason she could possibly have to sleep with Kash Patel. But this does not constitute consent to let Ken off the hook regarding Matt Kalil’s penis.
https://storage.courtlistener.com/recap/gov.uscourts.flsd.700112/gov.uscourts.flsd.700112.10.0.pdf
Regarding the discussion of rights surrounding the Don Lemon affair, I've said for decades now that you have all the rights you can afford to sue over. For most of us, that is none at all. We think we have rights but what we really have is obscurity. No one currently cares about us. But that can change in a heartbeat.
https://www.aclu.org/press-releases/aclu-moves-to-quash-abusive-subpoena-aimed-at-tracking-down-man-who-criticized-department-of-homeland-security
I find all the crying about "violation of rights" hilarious. The law and constitution are just silly theater. It's why this podcast is so massively entertaining. DHS was built as a rights violation machine and now it's been turbo charged my massive deficit spending that is driving up inflation. It's weird that judges feel so bound by the constitution and law. None of the other branches are. Time to just start throwing these ICE people in lock up for contempt. What's the worst that could happen to the judge? It's not like being impotent is bolstering public opinion of the rule of law.
Could you all address the argument that keeps popping up about exceptions to amendments for civil proceedings like immigration cases?
Basically that the 4th and 5th (and other?) amendments don't apply to civil proceedings, or maybe it's that they apply to some, but not all? It's entirely unclear to this non-lawyer engineer.
https://www.propublica.org/article/alex-pretti-shooting-cbp-agents-identified-jesus-ochoa-raymundo-gutierrez
Thinking about Josh's question about Bondi's letter not being explicit enough, is that the kind of issue where the DOJ losing the presumption of regularity could come back to bite them?
Apologies that I'm still catching up with the last few weeks, but has Ken commented on whether Letitia James can/should use the Martin Act to lock up Musk (or at least make him make more mercs &or bunker developers richer if he ever returns to NYC)? (h/t Chris Armitage, who AFAIK INAL)
Ken,
I seem to remember from my Catholic education that the phrase is "...weeping and gnashing of teeth." Matthew 13:42
Your phrasing of "weeping in the aisles." may have come from you conflating the New Testament with Joni Mitchell's live album, "Miles of Aisles."
Here's the YouTube of said album.
https://www.youtube.com/watch?v=LOCkmaOFEUg&list=PLF_4fzpgIptXrbCem3WkttAEexBVFQ_Lj
Think Bari Weiss gets arrested? There also seems to be a race issue- Georgia Fort and Don Lemon, both people of color.