Nov 17, 2022 • 21M

Tweeting Through It

Sam Bankman-Fried's behavior gives lawyers hives; Elon's in court in Delaware; Trump still has problems, candidate or not

An irreverent podcast about the law from Josh Barro and Ken White.
Episode details

Dear listeners,

Sam Bankman-Fried is in serious trouble! And he has a strategy: tweet through it. Josh and Ken talk about the legal risks that come from tweeting through your legal risks — it’s not just that SBF risks providing evidence to help the government prove he committed crimes; he may also be committing new crimes, like wire fraud, in real time. Tweeting through it is a display of bad judgment — but then, if he had good judgment, he wouldn’t be in this position to begin with, now would he?

For all listeners, we have a breakdown of the lessons in what-not-to-do from SBF. For premium subscribers, we also look at serious trouble for Elon Musk. He was in the Delaware Chancery Court this week — not to be forced to buy Twitter, but to answer a shareholder lawsuit about his compensation at Tesla. Musk expressed some views about the allegedly non-binding nature of consent decrees that, if applied at Twitter, could cost him a lot of money. Of course, that’s on top of all the non-legal trouble at Twitter, which is outside the scope of this podcast.

And we have updates on Donald Trump. In the Mar-a-Lago documents case, his lawyers’ arguments seem designed to try the patience of Special Master Raymond Dearie. And in one civil lawsuit, his lawyers are facing Rule 11 sanctions — you have to behave really badly for that to happen — while in another lawsuit (against Elon Musk’s Twitter!) he’s picked up a prestigious, if checkered, legal advocate: former appellate judge Alex Kozinski.

We hope you enjoy the show.

This episode is for paid subscribers