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


Appears in this episode

Josh Barro
Ken White
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