Main Justice

While much of the news is rightfully focused on the ongoing war with Iran, Mary and Andrew pull the threads on some consequential legal news that’s not getting as much attention. They start with the Justice Department’s settlement with Michael Flynn, paying out $1.25 million over his claim that he was wrongly prosecuted for making false statements to federal agents. And as Mary points out in her recent MS NOW op-ed, this settlement could set a dangerous precedent, by encouraging others “to seek similar windfalls” that support Trump’s efforts to rewrite history. Next, they unpack a case brought by Minnesota against the DOJ and DHS for blocking state investigators from accessing evidence in the Renee Good, Alex Pretti, and Julio Sosa-Celis shootings. And last up, the co-hosts break down a disastrous error the Justice Department admitted to this week, using an incorrect written policy to defend actions resulting in a number of arrests at immigration courthouses, as people voluntarily appeared for their immigration proceedings.

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Further reading:

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Amid an unrelenting news cycle, one story really hit hard for both Mary and Andrew this week: the passing of former FBI Director Robert Mueller. Both hosts worked with him: Mary in the DC US Attorney’s Office; Andrew as FBI Special Counsel, General Counsel, and ultimately, as a top prosecutor in Mueller’s 2016 Special Counsel investigation into Russian election interference. They reflect on Mueller’s life and legacy being one dedicated topublic service, which, in Andrew’s accounting, “wasn't just a calling, it was a privilege.” Next, they move to a win for journalism and freedom of the press: Judge Paul Friedman’s decision in the case brought by the New York Times against the Pentagon regarding press access. And lastly, Mary and Andrew reviewMonday’s Supreme Court oral arguments in a case centered on whether mail-in ballots that arrive after Election Day should be counted. The co-hosts read the tea leaves on the merits the justices seem to be eyeing and what it could mean for midterm voting this fall.

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Last week, Judge James Boasberg checked in the Justice Department by quashing two subpoenas against Federal Reserve Board Chair Jerome Powell, intended to pressure him into "voting for lower interest rates or resigning.” Finding “essentially zero evidence” of criminal behavior, Mary and Andrew explain how these subpoenas were issued as retribution and retaliation against Powell, as Boasberg cited over 100 statements that the president and his deputies made attacking him. Next, the co-hosts dig into the disciplinary proceedings against President Trump’s pardon attorney Ed Martin, who, while serving as DC’s interim U.S. Attorney, pressured Georgetown Law School to change its curriculum. Last on the agenda, Mary and Andrew highlight the case that AI firm Anthropic filed against the Defense Department over being essentially blacklisted. The case is centered around the Pentagon labeling the AI firm a “supply chain risk” after they asked the Pentagon not to use their “Claude” AI technology to do two things: “deploy lethal autonomous warfare without human oversight” and use it for “mass surveillance of Americans.”

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Today's episode begins with a breakdown of the Justice Department’s about-face on four cases brought after Trump targeted several law firms through executive action. As Mary and Andrew discussed last week – they initially dropped their appeal of the decisions against sanctioning these firms, only to reverse course the next day, topped off with a new court filing Friday appealing the rulings. Next, the co-hosts review a pair of decisions: one out of Minnesota's district court concerning the state’s immigration surge, which determined the stopping and subsequent arrests of the case’s plaintiffs was a result of racial profiling. The second decision comes from U.S. District Judge Royce Lamberth, who ruled Kari Lake’s oversight of Voice of America unlawful and illegitimate. Last up, Mary and Andrew detail Attorney General Pam’s Bondi’s proposed rule that would put any state complaint against a justice department lawyer on hold while the DOJ reviews it, essentially giving the department the power to hold these indefinitely if they so choose.

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Initial shock has given way to grave concerns as the US and Israel’s joint attack on Iran continue, stepping both countries into a war without a clear goal, end date or exit strategy. To help explain where congressional powers lie and the limits of executive authority, Mary and Andrew call upon Tess Bridgeman, international law expert and Co-Editor-in-Chief of "Just Security”. Tess stakes out the scope of the 1973 War Powers Resolution, and why Congress is meant to be the body that decides if, and when the US commits to armed conflict with another nation state. Then, Mary and Andrew turn focus to a few immigration updates, as more judges chastise the government for continually violating court orders, and a Columbia student is detained by ICE under false pretenses. Last up, the co-hosts turn to the decision in the case involving whether a journalist’s devices seized while executing a search warrant could be searched. Plus: the Trump administration’s decision to stand down on defending Trump’s sanctions against law firms— only to do a seeming about face the next day.

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Last week, the Supreme Court struck down President Trump's expansive tariffs, ruling that they exceeded the authority given to him by Congress. The 6-3 decision saw conservative Justices Gorsuch, Coney Barrett, and Chief Justice Roberts align with the court’s three liberal justices, though as Mary and Andrew explain, through different pathways: the conservative justices using the “major questions doctrine” as their guiding principle, while the liberal justices arrived at the same result through statutory interpretation and good ‘ole “common sense.” The co-hosts spend most of this episode walking through key parts of the ruling, noting Justice Gorsuch’s opinion that the legislative process ought to reflect the will of elected representatives, “not just that of one faction or man.” Then, Mary and Andrew turn to a significant ruling against ICE in West Virginia, where a federal judge admonished agents for wearing masks and using unmarked cars, a presence akin to a “secret police force." And last up, a scathing review of Judge Eileen Cannon’s decision not to release Jack Smith’s report in the classified documents case.

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Last week, a grand jury refused to indict six Democratic lawmakers over a video they made addressing service members’ duty to refuse illegal orders. Mary and Andrew hold little back as they discuss the government’s attempt to chill free speech and persecute political foes. In an adjacent case, they review Judge Richard Leon’s decision to block Secretary Pete Hegseth from demoting Senator Mark Kelly over the video, saying it “trampled on Senator Kelly's First Amendment freedoms.” The co-hosts then dig into the unsealed Fulton County affidavit and what it shows about the basis of the administration's 2020 election fraud claims, before concluding with a couple due process updates: Judge Boasberg’s decision ordering the Trump administration to facilitate the return of some Venezuelan migrants unlawfully deported, and Judge Tim Kelly’s decision in a case about death row prisoners being sent to a “Supermax” prison on the government’s orders without due process, after Biden granted them clemency from the death penalty before leaving office.

Further reading:

• Read Judge Richard J. Leon’s Memorandum Opinion on Mark Kelly v. Pete Hegseth HERE

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“MS NOW Presents: Clock It” is an invitation to the liveliest and most informed groupchat in your feed. Symone Sanders Townsend and Eugene Daniels are long-time political powerhouses. And they understand more than most how culture influences politics, and the role politics plays in culture. On “Clock It,” they’re helping you put your finger on the pulse of the hottest political gossip and their off-air conversations too colorful for TV.

In the first episode of their new show, “Clock It,” they’re joined by actors Tony Goldwyn and Myles Frost for a conversation about making thought-provoking art when political tensions are at their highest. And they dig in on the Super Bowl halftime show, why cuts to The Washington Post matter for democracy, and the race to the Senate in Texas.

Stay here to get a sneak peek. Then search and follow the show to get new episodes every Thursday.

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Andrew and Mary are often inundated with news out of the Justice Department, but one item that really caught their attention this week was the DOJ’s appeal to the Supreme Court to toss out Steve Bannon’s contempt conviction. They begin here, highlighting Deputy Attorney General Todd Blanche’s wry comments on social media about the case. Next, they turn to a reality hitting prosecutors hard, especially in states ICE is targeting—that the push for mass detentions did not include any plan for the infrastructure needed to support the caseload in the courts or in U.S. Attorneys’ offices. And it's pushing prosecutors to the brink. Mary and Andrew talk about one of them, Julie Le, who was fired after expressing her exasperation in Minnesota. Next, they explain why Congress was given access to the (mostly) un-redacted Epstein files and Ghislaine Maxwell’s choice to plead the 5th in a congressional deposition. And last up, a beat on the Georgia ballot seizures, as Fulton County sues and a judge orders DOJ records to be unsealed in the case.

Further Reading:

• Here is a new piece from Andrew: How Congress Can Give Epstein Survivors the Investigation They Deserve, Starting with Compelling Maxwell to Testify

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Symone Sanders Townsend and Eugene Daniels were once at odds as White House staffer and White House reporter. Now they’re friends and colleagues—each co-hosting their own shows at MS NOW. But their off-air conversations are where the real action is. Their new show, “MS NOW Presents: Clock It” is an invitation to their groupchat, the liveliest—and most informative—in news. Whether it’s ICE getting dispatched to the Super Bowl because Bad Bunny’s doing the halftime show, or Nicolás Maduro’s Nike Tech fit, or Michael B. Jordan’s sole Oscar nomination despite playing three roles in Sinners, there is no collision between culture and politics that this show won’t document and decipher. Symone and Eugene see exactly what’s going on—and they want you to clock it, too. 

New episodes drop every Thursday, starting February 12th. Search for “MS NOW Presents: Clock It” and hit “follow” so you don’t miss an episode.

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