Episodios

  • Checks and Balances
    Jun 4 2025

    Media coverage over the economic impact of President Trump’s tariffs has been robust,but not a ton of attention has been paid to the actual legality of them. So that's where Andrew and Mary begin, after two court decisions in the last week questioned the merits and where jurisdiction lies. Then they turn to the president's significant use of the pardon power to commute sentences and override convictions of some friends and allies, and what it says about maintaining a belief in blind justice. And after some great reporting from the New York Times, Mary and Adnrew detail some changes happening within Director Kash Patel’s FBI, as bureau leaders are taken down a peg and emphasis on public corruption is dialed back.

    Further reading: Here is the New York Times reporting concerning the FBI: Unease at F.B.I. Intensifies as Patel Ousts Top Officials

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    54 m
  • “Rule by Whim”
    May 27 2025

    Andrew and Mary launch this week’s episode by digging into the details on some of the latest acts of retribution coming out of the Trump administration as Trump targets Harvard, the Jenner & Block law firm gets a decision and Rep. LaMonica McIver gets charged with assault. Afterwards, they review a preliminary decision from the Supreme Court to stay a DC District Court’s injunction that paused the firing of Gwynne Wilcox from the National Labor Relations Board, as well as Cathy Harris from the MSPB governing board while they challenge their removals. And lastly, Andrew and Mary get listeners up to speed on the O.C.G. case and the DOJ’s continued defiance of Judge Murphy's TRO regarding extractions of migrants to countries they have no ties to.

    Further listening: HERE is a clip of Rep LaMonica McIver responding to the charges against her.

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    55 m
  • "Generally" We Follow the Law
    May 20 2025

    With so many issues stemming from President Trump’s executive orders now before the Supreme Court, it’s tough to know where to begin. So Andrew and Mary start this week with the arguments heard last Thursday from Mary’s ICAP team on the courts issuing national injunctions in several birthright citizenship cases. They recap Thursday’s highlights and note the Justices' interest in getting to the merits of the birthright issue. Then, they talk through two SCOTUS decisions from Friday and Monday: one on the Trump administration using the Alien Enemies Act to ‘extract’ Venezuelan migrants, and the other on their attempt to revoke the protected status of Venezuelans. Last up, Andrew and Mary turn to the specifics of a few of the immigration removal cases, as hearings continue and the lack of due process continues to be challenged.

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    58 m
  • Humpty Dumpty
    May 13 2025

    Stephen Miller’s got some ideas. So this week, Mary and Andrew start with a focus on his recent acknowledgement that the White House is considering suspending habeas corpus altogether for migrants. They talk about what that means, and the reality that it lacks any legal sniff test, which the Supreme Court agrees with. Then, they highlight what happens when due process works, after the release of Rumeysa Ozturk, a Tufts student who was detained by ICE over an opinion piece she wrote for the student newspaper. Next up, a significant decision from Judge Susan Illston out of California, putting a temporary hold on reducing the federal workforce. Mary and Andrew note what she held, including that the administration needs to follow procedure and get congressional buy in. And lastly, they preview the Supreme Court argument Mary’s ICAP team is bringing this Thursday on birthright citizenship- not on the merits per se, but on the issue of national injunctions. And a quick eye pop on Trump’s decision to swap out Ed Martin as the US Attorney for DC with yet another Fox News host, Jeanine Pirro.

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    58 m
  • Presumption of Irregularity
    May 6 2025

    Long established legal norms continue to be challenged by Trump’s Justice Department, leading Andrew and Mary to emphasize how the courts have grown increasingly frustrated with the administration's tactics. They begin with last Thursday’s ruling from Judge Rodriguez in Texas, that Trump was unjustified in using the Alien Enemies Act to deport Venezuelan migrants. After a review of what that means for his ‘extraction’ efforts, Andrew and Mary go deep on an assessment made public from the National Intelligence Council, that indicates despite Trump’s presidential proclamation evoking the Alien Enemies Act, intelligence officials do not see a strong link between the Venezuelan government and Tren de Aragua. And lastly this week, they look at the latest judicial pushback on Trump’s attempts to threaten law firms, after Judge Beryl Howell ruled against his targeting of Perkins Coie by executive order.

    Further reading: Here is the assessment from the National Intelligence Council on the relationship between the Maduro government and Tren de Aragua, courtesy of the New York Times.

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    53 m
  • 100 Days of Trump: Law & Disorder
    May 3 2025

    The first 100 days of President Trump’s second term have now come to a close. In a live legal special, MSNBC’s Ari Melber breaks down the most consequential legal moments of the new administration, including the Trump administration’s continued dismantling of key federal agencies, the targeting of private law firms, and the response from the judicial system and the US Supreme Court. Melber is joined by legal experts and insiders, including hosts of MSNBC’s Main Justice podcast, Andrew Weissmann and Mary McCord. Visit msnbc.com for more coverage.

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    43 m
  • 100 Days of Hypocrisy
    Apr 29 2025

    Andrew and Mary begin this week by acknowledging that, as the Trump administration approaches its 100th day mark, some themes have materialized. One is intimidation, exemplified most recently with the arrest of Wisconsin state court judge Hannah Dugan last Friday, while Trump continues to clash with local authorities over his deportation efforts. Another theme is due process, or the lack of it. Our Main Justice hosts point to a litany of immigration issues front and center this week, including the wrongful deportation of US citizen children, Attorney General Pam Bondi’s March memo to law enforcement laying out how to implement the Alien Enemies Act, and what happened when the government was compelled to have a hearing in a Texas case: they fell flat on the merits. And before wrapping up, Andrew and Mary explain why Trump's media policy change, tossing out Biden era protections for journalists, is problematic for a free press.

    Further reading:

    • Mary’s recent Op-ed in the Washington Post: What Alito got right in his El Salvador case dissent.
    • Pam Bondi’s March 14th memo issuing guidance for implementing the Alien Enemies Act.
    • Pam Bondi’s April 25th memo updating the policy regarding obtaining information from, or records of, members of the news media.

    A note to listeners: In the Abrego Garcia case, despite the earlier admission in court that his removal was a mistake, the government’s current position is that he a member of MS 13, which his lawyers deny.

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    58 m
  • Live from Princeton
    Apr 22 2025

    Andrew and Mary host this week's episode in front of a live audience at Princeton University, starting with the latest in the Kilmar Abrego Garcia case where last Tuesday, Maryland district judge Paula Xinis ordered the Trump administration to provide among other things, “butts in seats” to explain their efforts to get him back. Then they describe what led up to the Supreme Court’s early Saturday decision temporarily blocking the deportation of more Venezuelan migrants, after a flurry of back and forth between the Solicitor General and the ACLU. And being at Andrew’s alma mater, he and Mary hold up the absolute necessity of academic freedom and independence in the wake of Trump’s attempts to defund universities who do not comply with his demands. Last up, they touch on the Supreme Court granting argument in the birthright citizenship cases- not on the merits, but on whether a nationwide injunction is appropriate in this instance.

    Further reading: HERE is Judge Harvie Wilkinson’s sharply worded opinion, writing for a 3-judge panel in the US Court of Appeals for the 4th Circuit, rejecting the Trump administrations effort to stop a lower court’s order that the government facilitate Kilmar Abrego Garcia's return.

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    1 h
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