Main Justice

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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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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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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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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The US government’s mistaken removal of Kilmar Abrego Garcia to El Salvador has captured national attention, and it’s as stunning as it is heart breaking. So Mary and Andrew dedicate the bulk of this week’s episode to what’s happened since the Supreme Court ruled that the Trump administration must follow the lower court’s order to facilitate his return. So far, the administration seems to be slow-walking the process, dodging accountability for the fact that Abrego Garcia was never afforded his due process rights, a core American principle. Andrew and Mary go on to explain each consecutive government response, and two habeas petitions that have been granted a TRO since last week's Supreme Court decision. Before wrapping up, they highlight the cancelling of a landmark civil rights deal in Alabama, and Trump’s latest retribution in action-- targeting individuals, the Associated Press and Harvard.

Further reading: Here is Mary’s OpEd in the Washington Post: It’s time to compel Justice officials to testify on Abrego García.

And please vote for your favorite MSNBC podcasts in this year’s Webby Awards:

• Prosecuting Donald Trump in the Podcasts - Crime & Justice category: VOTE HERE
• Why Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HERE
• Into America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HERE

Voting closes this Thursday, April 17th.

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As the Supreme Court weighs in on the president’s use of the Alien Enemies Act, Mary and Andrew approach this week's developments with both concern and relief. While relieved at the unanimity of the High Court’s belief that due process is a necessity, the concern lies with the Trump administration's response to a court order directing them to arrange the return of Kilmar Abrego Garcia, the man who was wrongfully deported to El Salvador. They also see cause for alarm after the government retaliated against their own lawyer in this case. Andrew and Mary then take a beat to spotlight the DC circuit upholding a judge’s decision related to scope of Trump’s J6 pardons. And before closing out this week’s episode, they detail the lawsuit brought by the conservative leaning NCLA over the constitutionality of the sweeping tariffs the president has announced.

Further reading: This is Mary’s recent op Ed in the Washington Post: The White House war on Big Law hits some speed bumps

And please vote for your favorite MSNBC podcasts in this year’s Webby Awards:

• Prosecuting Donald Trump in the Podcasts - Crime & Justice category: VOTE HERE
• Why Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HERE
• Into America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HERE

Voting closes April 17th.

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Six emergency applications have now made their way to the Supreme Court concerning President Trump’s executive orders, so Andrew and Mary begin this episode by breaking down the emergency stay motions in several key cases involving birthright citizenship, federal workers, the use of the Alien Enemies Act and canceling education grants. Then, after a review of Trump’s latest law firm blacklist targets and the problematic nature of targeting of universities and students, they focus on an executive order aiming to change how U.S. elections are run. And last up, Andrew and Mary decry the lack of accountability over Signalgate, as Trump resists doling out any consequences to his senior National Security leadership.

For more on Trump’s continued attacks on universities, check out the latest episode of Trumpland with Alex Wagner about the fallout at Columbia University and maintaining free speech on campus.

Further reading: Here is the order from the DC Circuit Court of Appeals over Judge Boasberg’s TRO pausing deportations under the Alien Enemies Act, which includes separate concurring statements of Judge Henderson and Judge Millett and a dissenting statement of Judge Walker.

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On this week’s episode, Andrew and Mary start with the major capitulation of the Paul, Wiess law firm to Trump’s demands late last week, in exchange for rescinding an EO targeting the firm. This is the chilling effect they’ve been talking about in action. Then: what are the consequences of the Trump administration defying court orders from US District Chief Judge James Boasberg? The deportation of Venezuelan migrants without due process seems to be careening into that constitutional question, so Andrew and Mary break down the latest on that case, as the government invokes the “state secrets privilege”. And lastly, they detail the legal issues surrounding the now-infamous Signal chat reported by The Atlantic- an extraordinary demonstration of gross negligence when it comes to national defense information. 

Further reading: 

• Here is Mary’s piece on Just Security: Dissecting the Trump Administration’s Strategy for Defying Court Orders
• And here is Andrew’s piece, also from Just Security: The New “Blacklists” Work When Law Firms Stay Silent
• And here is the criminal code Andrew and Mary referenced: 18 U.S. Code § 793 - Gathering, transmitting or losing defense information

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Last Friday, President Trump spoke before a gathering at the Department of Justice to lay out what was seen largely as a grievance fest, singling out individuals and media organizations he perceives as his enemies. Main Justice hosts Andrew Weissmann and Mary McCord lay plain the unorthodox nature of a speech like this, especially before a department that is meant to maintain independence from the executive branch. But that was just the start of a wild weekend, after Trump invoked the Alien Enemies Act to deport hundreds of Venezuelan migrants, just as a court order blocking their removal was filed. So, Andrew and Mary tackle the latest developments in several buckets before breaking down the Supreme Court’s consideration of the request by the president to lift the pause on his birthright citizenship executive action.

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After news this weekend that Columbia student and permanent legal resident Mahmoud Khalil was arrested by ICE agents, hosts Andrew Weissmann and Mary McCord explain the petition filed from his lawyer and the significance of his case as a harbinger of things to come, as a hearing is set over the effort to deport him. Then, they shift focus to the Trump administration’s continued attacks on law firms and universities themselves, after the president cut federal funding to Columbia, and Georgetown was rebuked by the DC US Attorney for teaching principles related to diversity, equity and inclusion. Last up, Andrew and Mary review the latest in the Eric Adams case, with a shocking court filing containing texts from prosecutors, and they break down a few cases making their way through the courts right now: some of which have been touched by SCOTUS, others likely on their way to the High Court.

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