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Heads were turning over the weekend after Chad Mizelle, a former Justice Department official, put out a recruitment call for Trump-loyal Assistant U.S. Attorneys to hit him up on X. Mary and Andrew begin by highlighting the atypical nature of this outreach, while noting how slim the pool of applicants must be for what have long-been highly coveted and competitive positions. This piled on another DOJ fumble after a huge tranche ofEpstein files was released that unintentionally exposed the personal information of numerous victims. The co-hosts then turn to Minnesota, where a decision came in allowing Operation Metro Surge to continue, while another judge admonished DHS for ignoring over 90court orders. Mary and Andrew also call out the arrests of journalists Don Lemon and Georgia Fort during an anti-ICE protest in the state. Plus: a beat on a controversial federal search warrant targeting 2020 ballots in Fulton County, with more to come on that issue.Further reading:Here is the Epstein victims' letter: Emergency Request for Immediate Judicial Intervention—Epstein Transparency ActHere is the New York Times guest essay that Andrew mentioned: We Were Top Homeland Security Lawyers. You Can't Wish Away the Fourth Amendment. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Heads were turning over the weekend after Chad Mizelle, a former Justice Department official, put out a recruitment call for Trump-loyal Assistant U.S. Attorneys to hit him up on X. Mary and Andrew begin by highlighting the atypical nature of this outreach, while noting how slim the pool of applicants must be for what have long-been highly coveted and competitive positions. This piled on another DOJ fumble after a huge tranche of Epstein files was released that unintentionally exposed the personal information of numerous victims. The co-hosts then turn to Minnesota, where a decision came in allowing Operation Metro Surge to continue, while another judge admonished DHS for ignoring over 90 court orders. Mary and Andrew also call out the arrests of journalists Don Lemon and Georgia Fort during an anti-ICE protest in the state. Plus: a beat on a controversial federal search warrant targeting 2020 ballots in Fulton County, with more to come on that issue.Further reading:Here is the Epstein victims' letter: Emergency Request for Immediate Judicial Intervention—Epstein Transparency Act Here is the New York Times guest essay that Andrew mentioned: We Were Top Homeland Security Lawyers. You Can't Wish Away the Fourth Amendment. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Andrew Weissmann, professor of practice at NYU School of Law, co-host of the podcast Main Justice and and the co-author of The Trump Indictments: The Historic Charging Documents with Commentary (W. W. Norton & Company, 2024), offers legal analysis of the news of the day, including the DOJ's release of the rest of the Epstein files, the DOJ's civil rights investigation into the Pretti killing and more.
Across a number of ongoing stories, the Trump administration has taken actions in the name of enforcing certain laws, while seemingly skirting around others. On Today's Show:Andrew Weissmann, professor of practice at NYU School of Law, co-host of the podcast Main Justice and and the co-author of The Trump Indictments: The Historic Charging Documents with Commentary (W. W. Norton & Company, 2024), offers legal analysis of the news of the day, including the DOJ's release of the rest of the Epstein files, the DOJ's civil rights investigation into the Pretti killing and more.
Mary and Andrew make Minnesota the focal point this week, after the Trump administration's intensified immigration enforcement efforts in the state culminated in the tragic killing of Alex Pretti by federal agents on Saturday. The co-hosts detail several legal cases related to these efforts: one that challenges how ICE and CBP agents treat protestors and observers, another that aims to preserve evidence in Mr. Pretti's death, and a state case arguing that the federal government is violating the 10th Amendment and Minnesota's sovereignty rights by conducting “Operation Metro Surge”. Then, they turn to what Andrew calls an “extortion letter” sent by Attorney General Pam Bondi to Governor Tim Walz over the weekend, implying that compliance of three demands – including handing over Minnesota's voter rolls – could lead to a reduction of immigration forces in the state. Before wrapping up, Mary and Andrew review a memo surfaced by a whistleblower giving DHS officers authority to forcibly enter homes during immigration enforcement operations.Further reading: Here is a new piece Andrew and Ryan Goodman wrote for Just Security: The Top 10 Questions the Trump Administration Needs to Answer About Minnesota. What journalists and Congress should ask. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The former special counsel testified in front of the Republican-led House Judiciary Committee for five hours on Thursday. After the hearing was adjourned – and in between their respective hits for MS NOW's evening shows – Mary and Andrew shared their takeaways from Smith's time under questioning. As they note, the representatives who called Smith in often used their allotted 5 minutes to read aloud their own political statements and left him little room to say anything. In his opening statement, Smith took pains to stand up for his staff, some of whom were fired from their public service jobs, some whom have been vilified by the president's supporters, and some threatened. He said they are the best of public servants and our country owes them a debt of gratitude. Over the course of the day, Smith repeatedly told lawmakers that his team had proof that Trump knew his allegations about the election being stolen were false, that he caused the Jan. 6th insurrection and that he exploited subsequent violence. While Smith was testifying, as Mary points out, Trump posted on Truth Social: “Jack Smith is a deranged animal, who shouldn't be allowed to practice Law. If he were a Republican, his license would be taken away from him, and far worse!” Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Protests continue in Minnesota after the state sued to stop President Trump's surge of immigration agents to a city still reeling from the death of Renee Good. After mulling where we are one year into this administration, Mary and Andrew zero in on Trump's revived desire to invoke the Insurrection Act, as Governor Tim Walz and Minneapolis Mayor Jacob Frey become the targets of a federal inquiry. Adding to the tumult, numerous Minnesota prosecutors have quit over the pretense of an investigation into the wife of Renee Good. The co-hosts then turn to Boston, where Judge William Young rebuked government attacks on free speech, outlining an order he'll issue to restrict deportations of noncitizen scholars. Topping off the episode, Mary and Andrew unpack the alarming FBI raid on a Washington Post reporter's home. Note to listeners: Andrew and Mary will be back later this week to react to former Special Counsel Jack Smith's live testimony before the House Judiciary Committee. Check in Thursday evening to hear their takeaways. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Today's episode begins with the fatal shooting of Renee Good last week at the hands of an ICE officer in Minneapolis. Mary and Andrew break down the frame by frame of the tragedy and its fallout — pointing to the Trump administration's deflective response, the Civil Rights Division's decision not to investigate, and the inflammatory language used by the Vice President and Trump himself. Joining the conversation next for a deep dive into Trump's actions in Venezuela is international law expert Rebecca Ingber, who explains how the incursion has no clear legal justification under international law. Last on the agenda, the co-hosts turn to news out of D.C. where the U.S. Attorney launched a criminal probe into Federal Reserve Chair Jerome Powell, sparking questions about the Fed's independence and government sanctioned retribution campaigns. A Note: In this episode, Mary and Andrew talk about top DOJ officials quitting over their division's refusal to investigate the Minnesota shooting. After recording, the New York Times among others reported the following: Six Prosecutors Quit Over Push to Investigate ICE Shooting Victim's WidowFurther Reading: Here is the Federal Reserve's explanation of the renovations: Federal Reserve's Renovation of Two Historic Buildings Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The letter from Kirkland & Ellis to the Department of Justice raises alarm about what Epstein's legal team characterizes as an increasingly improper overlap between federal prosecutors and civil litigation against Jeffrey Epstein. The attorneys note that since their prior submission, two additional civil lawsuits have been filed, all represented by Bradley Edwards Herman, a former law partner of First Assistant U.S. Attorney Jeffrey Sloman. They argue that it strains credibility that nearly all alleged victims—some no longer even residing in Florida—somehow retained the same small Miami law firm, particularly when those plaintiffs all appear on the government's confidential list of alleged victims. The letter emphasizes that the U.S. Attorney's Office had explicitly assured Epstein's counsel that this list would remain confidential, raising serious concerns about leaks or improper coordination.Beyond the appearance of a conflict of interest, the letter frames this pattern as evidence of inappropriate federal involvement in civil cases that should be independent of the criminal investigation. Epstein's lawyers suggest that the government's actions—or failures to prevent information sharing—are contributing to a coordinated legal assault that undermines fairness and due process. They stop short of making a direct accusation but clearly signal that the integrity of the prosecution is at risk if DOJ leadership does not intervene. The letter is essentially a warning shot to Main Justice, urging scrutiny of the Miami U.S. Attorney's Office before the situation escalates into a broader ethical or legal scandal.to contact mebobbycapucci@protonmail.comsource:403-07.pdf
It's been five years since rioters stormed the Capitol in one of the most violent events on U.S soil in recent history. To commemorate the day and remind Americans of the consequences that still reverberate around the nation, House Democrats organized a hearing to “to set the record straight on the violent insurrection carried out by supporters of Donald Trump.” In this bonus episode, you'll hear from Winston Pingeon, a former United States Capitol Police Officer, Brendan Ballou, a former Department of Justice Prosecutor, Pamela Hemphill, a rioter who refused President Trump's pardon, and Main Justice co-host Mary McCord, the Executive Director of the Institute for Constitutional Advocacy and Protection (ICAP) and Visiting Law Professor at Georgetown.Audio provided by the Office of Leader Hakeem Jeffries.Here is an OpEd on MS Now from Mary that reflects her testimony: Political violence doesn't always look like Jan. 6 Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The letter from Kirkland & Ellis to the Department of Justice raises alarm about what Epstein's legal team characterizes as an increasingly improper overlap between federal prosecutors and civil litigation against Jeffrey Epstein. The attorneys note that since their prior submission, two additional civil lawsuits have been filed, all represented by Bradley Edwards Herman, a former law partner of First Assistant U.S. Attorney Jeffrey Sloman. They argue that it strains credibility that nearly all alleged victims—some no longer even residing in Florida—somehow retained the same small Miami law firm, particularly when those plaintiffs all appear on the government's confidential list of alleged victims. The letter emphasizes that the U.S. Attorney's Office had explicitly assured Epstein's counsel that this list would remain confidential, raising serious concerns about leaks or improper coordination.Beyond the appearance of a conflict of interest, the letter frames this pattern as evidence of inappropriate federal involvement in civil cases that should be independent of the criminal investigation. Epstein's lawyers suggest that the government's actions—or failures to prevent information sharing—are contributing to a coordinated legal assault that undermines fairness and due process. They stop short of making a direct accusation but clearly signal that the integrity of the prosecution is at risk if DOJ leadership does not intervene. The letter is essentially a warning shot to Main Justice, urging scrutiny of the Miami U.S. Attorney's Office before the situation escalates into a broader ethical or legal scandal.to contact mebobbycapucci@protonmail.comsource:403-07.pdfBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
Just days into 2026, Mary and Andrew dive into a fresh slate of legal questions brought on by the United States' surprise extraction of Venezuelan President Nicolás Maduro and his wife to New York to face criminal charges. Unpacking why the operation is widely viewed as illegal in both Venezuela and here at home, they focus on the Trump administration's pattern of self-excusing questionable tactics under the banner of fighting crime and drug smuggling. Next, as the fifth anniversary of the January 6th insurrection approaches, Mary previews her upcoming testimony in front of House Democrats on the impact the broad swath of pardons for J6 convictions has had, before the co-hosts review Jack Smith's now public deposition before the House Judiciary Committee. Last, Mary and Andrew turn to the newly unsealed order in the Kilmar Abrego Garcia case, in which the judge believes DOJ officials may have pushed to prosecute him only after he was wrongly deported to El Salvador.Further reading:Former Special Counsel Jack Smith's testimony transcript is HERE, the video is HEREHERE is Judge Gary R. Brown's ruling from 12/18 on the awful conditions in an ICE detention facility in Long Island, NY. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Jeffrey Epstein's legal team didn't just negotiate within the normal bounds of the U.S. Attorney's Office in South Florida—they deliberately went over Alex Acosta's head and straight to Department of Justice leadership in Washington. When local prosecutors appeared resistant to the sweeping immunity Epstein wanted, his lawyers escalated the matter to Main Justice, reframing the case as a broader federal concern rather than a local sex-crimes prosecution. That pressure campaign paid off. Senior DOJ officials ultimately signed off on the notorious Non-Prosecution Agreement, an extraordinary deal that shielded Epstein from federal charges and quietly immunized unnamed co-conspirators—a move that short-circuited what could have been a devastating national prosecution and locked victims out of the process.In this episode, newly surfaced correspondence pulls back the curtain on how that deal was engineered at the highest levels, including emails and letters involving Kenneth Starr, one of Epstein's most powerful defense attorneys. The exchanges show Starr communicating directly with DOJ brass, using his institutional clout and legal gravitas to press Epstein's case far beyond ordinary advocacy. Rather than a routine plea negotiation, the correspondence reveals a coordinated, top-down lobbying effort that treated Epstein as a problem to be managed, not prosecuted—raising disturbing questions about favoritism, backchannel influence, and how justice was quietly bent to accommodate one of the most well-connected defendants in modern American criminal history.to contact me:bobbycapucci@protonmail.comsource:EFTA00013989.pdf
Jeffrey Epstein's legal team didn't just negotiate within the normal bounds of the U.S. Attorney's Office in South Florida—they deliberately went over Alex Acosta's head and straight to Department of Justice leadership in Washington. When local prosecutors appeared resistant to the sweeping immunity Epstein wanted, his lawyers escalated the matter to Main Justice, reframing the case as a broader federal concern rather than a local sex-crimes prosecution. That pressure campaign paid off. Senior DOJ officials ultimately signed off on the notorious Non-Prosecution Agreement, an extraordinary deal that shielded Epstein from federal charges and quietly immunized unnamed co-conspirators—a move that short-circuited what could have been a devastating national prosecution and locked victims out of the process.In this episode, newly surfaced correspondence pulls back the curtain on how that deal was engineered at the highest levels, including emails and letters involving Kenneth Starr, one of Epstein's most powerful defense attorneys. The exchanges show Starr communicating directly with DOJ brass, using his institutional clout and legal gravitas to press Epstein's case far beyond ordinary advocacy. Rather than a routine plea negotiation, the correspondence reveals a coordinated, top-down lobbying effort that treated Epstein as a problem to be managed, not prosecuted—raising disturbing questions about favoritism, backchannel influence, and how justice was quietly bent to accommodate one of the most well-connected defendants in modern American criminal history.to contact me:bobbycapucci@protonmail.comsource:EFTA00013989.pdfBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-moscow-murders-and-more--5852883/support.
After a year that saw no shortage of heavy legal news, Mary and Andrew close out 2025 with an episode of positive judicial developments. They begin with the Supreme Court's decision denying President Trump's request to stay an injunction blocking the federalization of National Guard troops in Illinois, concluding that the statute the government used to justify it first requires an attempt to execute federal laws with the military – which would likely require invocation of the Insurrection Act. And nobody seems to want that. At least not yet. The co-hosts then turn to D.C. District Court Judge Jeb Boasberg's decision on the Trump administration's use of the Alien Enemies Act. He wrote that because the U.S. maintained constructive custody over Venezuelans expelled to El Salvador, they are legally owed due process rights. Last up, they note two judges who are demanding proof that the government is not acting vindictively — from the administration's prosecution of Kilmar Abrego Garcia to the presidential memo that stripped the security clearance of national security lawyer Mark Zaid.Editors' Note: While Andrew and Mary were recording this episode, an order from Judge Crenshaw in Abrego Garcia's criminal case was unsealed. It confirms the DOJ pushed to prosecute Kilmar Abrego Garcia only after he was mistakenly deported. You can read it HEREFurther reading:Read Judge Boasberg's Memorandum Opinion on due process for Venezuelans deported to El Salvador HERE Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Jeffrey Epstein's legal team didn't just negotiate within the normal bounds of the U.S. Attorney's Office in South Florida—they deliberately went over Alex Acosta's head and straight to Department of Justice leadership in Washington. When local prosecutors appeared resistant to the sweeping immunity Epstein wanted, his lawyers escalated the matter to Main Justice, reframing the case as a broader federal concern rather than a local sex-crimes prosecution. That pressure campaign paid off. Senior DOJ officials ultimately signed off on the notorious Non-Prosecution Agreement, an extraordinary deal that shielded Epstein from federal charges and quietly immunized unnamed co-conspirators—a move that short-circuited what could have been a devastating national prosecution and locked victims out of the process.In this episode, newly surfaced correspondence pulls back the curtain on how that deal was engineered at the highest levels, including emails and letters involving Kenneth Starr, one of Epstein's most powerful defense attorneys. The exchanges show Starr communicating directly with DOJ brass, using his institutional clout and legal gravitas to press Epstein's case far beyond ordinary advocacy. Rather than a routine plea negotiation, the correspondence reveals a coordinated, top-down lobbying effort that treated Epstein as a problem to be managed, not prosecuted—raising disturbing questions about favoritism, backchannel influence, and how justice was quietly bent to accommodate one of the most well-connected defendants in modern American criminal history.to contact me:bobbycapucci@protonmail.comsource:EFTA00013989.pdfBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
The long-running focus on Alex Acosta has obscured a more uncomfortable reality: the Epstein non-prosecution agreement was architected and approved at the highest levels of the Department of Justice, not improvised by a single U.S. Attorney in Florida. Contemporary emails and internal DOJ documentation show that Epstein's legal team did not treat Acosta as the final decision-maker. Instead, they escalated directly to Main Justice, where Attorney General Michael Mukasey and Deputy Attorney General Mark Filip exercised authority over the case. Those records make clear that the contours of the deal—federal immunity, secrecy from victims, and an extraordinary carve-out protecting potential co-conspirators—were discussed, vetted, and ultimately sanctioned in Washington. This was not a rogue local plea deal; it was a federal policy decision shaped by DOJ leadership.The paper trail matters because it contradicts years of public narrative and political convenience. Emails show Epstein's lawyers communicating confidence that DOJ headquarters was receptive, even as the gravity of the allegations was well understood. Mark Filip's sign-off, coming from the second-highest office in the department, formalized a decision that could not have proceeded without Mukasey's institutional blessing. That documentation undercuts claims that the NPA was the product of prosecutorial leniency or negligence at the district level. It demonstrates instead a coordinated, top-down intervention that insulated Epstein from federal exposure while sidelining victims' rights. The emails don't just revise the story of who was responsible—they confirm that the most powerful figures in the Justice Department knowingly built and approved the framework that allowed Epstein to escape meaningful accountability.to contact me:bobbycapucci@protonmail.com
The long-running focus on Alex Acosta has obscured a more uncomfortable reality: the Epstein non-prosecution agreement was architected and approved at the highest levels of the Department of Justice, not improvised by a single U.S. Attorney in Florida. Contemporary emails and internal DOJ documentation show that Epstein's legal team did not treat Acosta as the final decision-maker. Instead, they escalated directly to Main Justice, where Attorney General Michael Mukasey and Deputy Attorney General Mark Filip exercised authority over the case. Those records make clear that the contours of the deal—federal immunity, secrecy from victims, and an extraordinary carve-out protecting potential co-conspirators—were discussed, vetted, and ultimately sanctioned in Washington. This was not a rogue local plea deal; it was a federal policy decision shaped by DOJ leadership.The paper trail matters because it contradicts years of public narrative and political convenience. Emails show Epstein's lawyers communicating confidence that DOJ headquarters was receptive, even as the gravity of the allegations was well understood. Mark Filip's sign-off, coming from the second-highest office in the department, formalized a decision that could not have proceeded without Mukasey's institutional blessing. That documentation undercuts claims that the NPA was the product of prosecutorial leniency or negligence at the district level. It demonstrates instead a coordinated, top-down intervention that insulated Epstein from federal exposure while sidelining victims' rights. The emails don't just revise the story of who was responsible—they confirm that the most powerful figures in the Justice Department knowingly built and approved the framework that allowed Epstein to escape meaningful accountability.to contact me:bobbycapucci@protonmail.comBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-moscow-murders-and-more--5852883/support.
The official story has always painted Alex Acosta as the man solely responsible for Jeffrey Epstein's non-prosecution agreement, but that version is designed to mislead. Acosta was a mid-level figure, a convenient scapegoat set up to absorb public outrage while the real decisions were made in Washington. Attorney General Michael Mukasey, Deputy Attorney General Mark Filip, and other senior DOJ brass were the ones who met with Epstein's powerful legal team, signed off on the immunity clause, and ensured the deal protected not only Epstein but his co-conspirators. Acosta merely carried out orders that had already been determined above him, and when the truth started to unravel, he was offered up as the fall guy to shield the institution.The failure to subpoena everyone involved—from state prosecutors to Main Justice leadership—reveals that Congress is more interested in theater than accountability. By focusing blame on Acosta, the system preserved itself, kept survivors from the truth, and avoided admitting the uncomfortable reality that DOJ itself bent the law to protect a billionaire predator. True justice requires putting every official who touched the deal under oath, including Mukasey and Filip, to expose how the NPA was engineered. Until that happens, the scandal remains unresolved and the cover-up intact, with Acosta remembered not as the architect of Epstein's freedom, but as the shield sacrificed to keep the powerful safe.to contact me:bobbycapucci@protonmail.com
The long-running focus on Alex Acosta has obscured a more uncomfortable reality: the Epstein non-prosecution agreement was architected and approved at the highest levels of the Department of Justice, not improvised by a single U.S. Attorney in Florida. Contemporary emails and internal DOJ documentation show that Epstein's legal team did not treat Acosta as the final decision-maker. Instead, they escalated directly to Main Justice, where Attorney General Michael Mukasey and Deputy Attorney General Mark Filip exercised authority over the case. Those records make clear that the contours of the deal—federal immunity, secrecy from victims, and an extraordinary carve-out protecting potential co-conspirators—were discussed, vetted, and ultimately sanctioned in Washington. This was not a rogue local plea deal; it was a federal policy decision shaped by DOJ leadership.The paper trail matters because it contradicts years of public narrative and political convenience. Emails show Epstein's lawyers communicating confidence that DOJ headquarters was receptive, even as the gravity of the allegations was well understood. Mark Filip's sign-off, coming from the second-highest office in the department, formalized a decision that could not have proceeded without Mukasey's institutional blessing. That documentation undercuts claims that the NPA was the product of prosecutorial leniency or negligence at the district level. It demonstrates instead a coordinated, top-down intervention that insulated Epstein from federal exposure while sidelining victims' rights. The emails don't just revise the story of who was responsible—they confirm that the most powerful figures in the Justice Department knowingly built and approved the framework that allowed Epstein to escape meaningful accountability.to contact me:bobbycapucci@protonmail.comBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
The official story has always painted Alex Acosta as the man solely responsible for Jeffrey Epstein's non-prosecution agreement, but that version is designed to mislead. Acosta was a mid-level figure, a convenient scapegoat set up to absorb public outrage while the real decisions were made in Washington. Attorney General Michael Mukasey, Deputy Attorney General Mark Filip, and other senior DOJ brass were the ones who met with Epstein's powerful legal team, signed off on the immunity clause, and ensured the deal protected not only Epstein but his co-conspirators. Acosta merely carried out orders that had already been determined above him, and when the truth started to unravel, he was offered up as the fall guy to shield the institution.The failure to subpoena everyone involved—from state prosecutors to Main Justice leadership—reveals that Congress is more interested in theater than accountability. By focusing blame on Acosta, the system preserved itself, kept survivors from the truth, and avoided admitting the uncomfortable reality that DOJ itself bent the law to protect a billionaire predator. True justice requires putting every official who touched the deal under oath, including Mukasey and Filip, to expose how the NPA was engineered. Until that happens, the scandal remains unresolved and the cover-up intact, with Acosta remembered not as the architect of Epstein's freedom, but as the shield sacrificed to keep the powerful safe.to contact me:bobbycapucci@protonmail.comBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-moscow-murders-and-more--5852883/support.
Seeking political retribution is far different than prosecuting a winning case, as the Trump administration is coming to understand. Mary and Andrew begin here after a grand jury, once again, refused to re-indict New York Attorney General Letitia James. This comes along with a ruling limiting what evidence could be used in the case against James Comey if the government seeks to re-bring that case. The co-hosts also tee up what may come from Jack Smith's closed-door deposition in front of the House Judiciary Committee, before turning to the latest in the Kilmar Abrego Garcia saga, after Judge Paula Xinis ordered his release. Last up, Mary and Andrew head to the West coast for an update on the National Guard deployment in L.A., and offer some analysis on Judge Bybee's statement on 9th Circuit en banc review over deploying the National Guard to Portland, Oregon.Further Reading: Here is Judge Xinis' opinion regarding the release of Kilmar Abrego Garcia. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The official story has always painted Alex Acosta as the man solely responsible for Jeffrey Epstein's non-prosecution agreement, but that version is designed to mislead. Acosta was a mid-level figure, a convenient scapegoat set up to absorb public outrage while the real decisions were made in Washington. Attorney General Michael Mukasey, Deputy Attorney General Mark Filip, and other senior DOJ brass were the ones who met with Epstein's powerful legal team, signed off on the immunity clause, and ensured the deal protected not only Epstein but his co-conspirators. Acosta merely carried out orders that had already been determined above him, and when the truth started to unravel, he was offered up as the fall guy to shield the institution.The failure to subpoena everyone involved—from state prosecutors to Main Justice leadership—reveals that Congress is more interested in theater than accountability. By focusing blame on Acosta, the system preserved itself, kept survivors from the truth, and avoided admitting the uncomfortable reality that DOJ itself bent the law to protect a billionaire predator. True justice requires putting every official who touched the deal under oath, including Mukasey and Filip, to expose how the NPA was engineered. Until that happens, the scandal remains unresolved and the cover-up intact, with Acosta remembered not as the architect of Epstein's freedom, but as the shield sacrificed to keep the powerful safe.to contact me:bobbycapucci@protonmail.comBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
The Department of Justice has failed to indict New York attorney Letitia James for a third time, as Daniel Richman wins a motion blocking his emails from being accessed by the government.Main Justice has filed a motion to block the testimony of whistleblower Erez Reuveni and DOJ lawyer Drew Ensign in the Alien Enemies Act contempt proceedings before DC District Judge Boasberg. Judge Xinis accuses the Justice Department of misleading the court in an order for the immediate release of Kilmar Abrego Garcia, and issued a follow on temporary restraining order blocking his re-arrest.The Justice Department faces a call for an internal investigation into the office of legal counsel memo allowing the boat strikes in the Caribbean.Plus listener questions…Do you have questions for the pod? Get this new customer offer and your 3-month Unlimited wireless plan for just $15 a month at MINTMOBILE.com/UNJUST Follow AG Substack|MuellershewroteBlueSky|@muellershewroteAndrew McCabe isn't on social media, but you can buy his book The ThreatThe Threat: How the FBI Protects America in the Age of Terror and TrumpWe would like to know more about our listeners. Please participate in this brief surveyListener Survey and CommentsThis Show is Available Ad-Free And Early For Patreon and Supercast Supporters at the Justice Enforcers level and above:https://dailybeans.supercast.techOrhttps://patreon.com/thedailybeansOr when you subscribe on Apple Podcastshttps://apple.co/3YNpW3P Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Kenneth Starr's email to Mark Filip wasn't just a lawyer whining about aggressive prosecutors—it was a calculated appeal to the very power center that ultimately let Epstein walk. Starr complained bitterly that the Florida team was digging too hard and treating Epstein like an actual criminal instead of the elite figure his defense team believed he was. What Starr was really doing was pressuring Filip—one of the highest-ranking officials in the Department of Justice—to step in and shut down a legitimate investigation. And the troubling part is that the email landed exactly where Epstein's legal machine wanted it: at the top of Main Justice, the same place that would go on to bless the non-prosecution agreement. The narrative that Alex Acosta “acted alone” collapses under the weight of communications like this. Starr wasn't appealing to Acosta. He was appealing above him—because that's where the real decision-making power sat.Filip's role in all this is even more damning when you consider the final outcome. DOJ headquarters didn't just look the other way—they authorized the sweetheart deal. They were the backstop that allowed Epstein's legal team to bypass federal prosecutors who wanted to charge Epstein with crimes carrying real prison time. Filip didn't just receive the email; Main Justice effectively delivered what Epstein's lawyers asked for. The infamous non-prosecution agreement wasn't Acosta freelancing—it was Washington signing off. The email illustrates how Epstein's team successfully moved the fight out of Florida and into D.C., where connections, prestige, and pressure carried far more weight than the testimony of dozens of abused children. Filip and Main Justice weren't bystanders—they were the reason the deal happened.to contact me:bobbycapucci@protonmail.comsource:gov.uscourts.flsd.317867.403.22_1.pdf
Kenneth Starr's email to Mark Filip wasn't just a lawyer whining about aggressive prosecutors—it was a calculated appeal to the very power center that ultimately let Epstein walk. Starr complained bitterly that the Florida team was digging too hard and treating Epstein like an actual criminal instead of the elite figure his defense team believed he was. What Starr was really doing was pressuring Filip—one of the highest-ranking officials in the Department of Justice—to step in and shut down a legitimate investigation. And the troubling part is that the email landed exactly where Epstein's legal machine wanted it: at the top of Main Justice, the same place that would go on to bless the non-prosecution agreement. The narrative that Alex Acosta “acted alone” collapses under the weight of communications like this. Starr wasn't appealing to Acosta. He was appealing above him—because that's where the real decision-making power sat.Filip's role in all this is even more damning when you consider the final outcome. DOJ headquarters didn't just look the other way—they authorized the sweetheart deal. They were the backstop that allowed Epstein's legal team to bypass federal prosecutors who wanted to charge Epstein with crimes carrying real prison time. Filip didn't just receive the email; Main Justice effectively delivered what Epstein's lawyers asked for. The infamous non-prosecution agreement wasn't Acosta freelancing—it was Washington signing off. The email illustrates how Epstein's team successfully moved the fight out of Florida and into D.C., where connections, prestige, and pressure carried far more weight than the testimony of dozens of abused children. Filip and Main Justice weren't bystanders—they were the reason the deal happened.to contact me:bobbycapucci@protonmail.comsource:gov.uscourts.flsd.317867.403.22_1.pdf
Kenneth Starr's email to Mark Filip wasn't just a lawyer whining about aggressive prosecutors—it was a calculated appeal to the very power center that ultimately let Epstein walk. Starr complained bitterly that the Florida team was digging too hard and treating Epstein like an actual criminal instead of the elite figure his defense team believed he was. What Starr was really doing was pressuring Filip—one of the highest-ranking officials in the Department of Justice—to step in and shut down a legitimate investigation. And the troubling part is that the email landed exactly where Epstein's legal machine wanted it: at the top of Main Justice, the same place that would go on to bless the non-prosecution agreement. The narrative that Alex Acosta “acted alone” collapses under the weight of communications like this. Starr wasn't appealing to Acosta. He was appealing above him—because that's where the real decision-making power sat.Filip's role in all this is even more damning when you consider the final outcome. DOJ headquarters didn't just look the other way—they authorized the sweetheart deal. They were the backstop that allowed Epstein's legal team to bypass federal prosecutors who wanted to charge Epstein with crimes carrying real prison time. Filip didn't just receive the email; Main Justice effectively delivered what Epstein's lawyers asked for. The infamous non-prosecution agreement wasn't Acosta freelancing—it was Washington signing off. The email illustrates how Epstein's team successfully moved the fight out of Florida and into D.C., where connections, prestige, and pressure carried far more weight than the testimony of dozens of abused children. Filip and Main Justice weren't bystanders—they were the reason the deal happened.to contact me:bobbycapucci@protonmail.comsource:gov.uscourts.flsd.317867.403.22_1.pdfBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-moscow-murders-and-more--5852883/support.
Kenneth Starr's email to Mark Filip wasn't just a lawyer whining about aggressive prosecutors—it was a calculated appeal to the very power center that ultimately let Epstein walk. Starr complained bitterly that the Florida team was digging too hard and treating Epstein like an actual criminal instead of the elite figure his defense team believed he was. What Starr was really doing was pressuring Filip—one of the highest-ranking officials in the Department of Justice—to step in and shut down a legitimate investigation. And the troubling part is that the email landed exactly where Epstein's legal machine wanted it: at the top of Main Justice, the same place that would go on to bless the non-prosecution agreement. The narrative that Alex Acosta “acted alone” collapses under the weight of communications like this. Starr wasn't appealing to Acosta. He was appealing above him—because that's where the real decision-making power sat.Filip's role in all this is even more damning when you consider the final outcome. DOJ headquarters didn't just look the other way—they authorized the sweetheart deal. They were the backstop that allowed Epstein's legal team to bypass federal prosecutors who wanted to charge Epstein with crimes carrying real prison time. Filip didn't just receive the email; Main Justice effectively delivered what Epstein's lawyers asked for. The infamous non-prosecution agreement wasn't Acosta freelancing—it was Washington signing off. The email illustrates how Epstein's team successfully moved the fight out of Florida and into D.C., where connections, prestige, and pressure carried far more weight than the testimony of dozens of abused children. Filip and Main Justice weren't bystanders—they were the reason the deal happened.to contact me:bobbycapucci@protonmail.comsource:gov.uscourts.flsd.317867.403.22_1.pdfBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-moscow-murders-and-more--5852883/support.
Kenneth Starr's email to Mark Filip wasn't just a lawyer whining about aggressive prosecutors—it was a calculated appeal to the very power center that ultimately let Epstein walk. Starr complained bitterly that the Florida team was digging too hard and treating Epstein like an actual criminal instead of the elite figure his defense team believed he was. What Starr was really doing was pressuring Filip—one of the highest-ranking officials in the Department of Justice—to step in and shut down a legitimate investigation. And the troubling part is that the email landed exactly where Epstein's legal machine wanted it: at the top of Main Justice, the same place that would go on to bless the non-prosecution agreement. The narrative that Alex Acosta “acted alone” collapses under the weight of communications like this. Starr wasn't appealing to Acosta. He was appealing above him—because that's where the real decision-making power sat.Filip's role in all this is even more damning when you consider the final outcome. DOJ headquarters didn't just look the other way—they authorized the sweetheart deal. They were the backstop that allowed Epstein's legal team to bypass federal prosecutors who wanted to charge Epstein with crimes carrying real prison time. Filip didn't just receive the email; Main Justice effectively delivered what Epstein's lawyers asked for. The infamous non-prosecution agreement wasn't Acosta freelancing—it was Washington signing off. The email illustrates how Epstein's team successfully moved the fight out of Florida and into D.C., where connections, prestige, and pressure carried far more weight than the testimony of dozens of abused children. Filip and Main Justice weren't bystanders—they were the reason the deal happened.to contact me:bobbycapucci@protonmail.comsource:gov.uscourts.flsd.317867.403.22_1.pdfBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
Kenneth Starr's email to Mark Filip wasn't just a lawyer whining about aggressive prosecutors—it was a calculated appeal to the very power center that ultimately let Epstein walk. Starr complained bitterly that the Florida team was digging too hard and treating Epstein like an actual criminal instead of the elite figure his defense team believed he was. What Starr was really doing was pressuring Filip—one of the highest-ranking officials in the Department of Justice—to step in and shut down a legitimate investigation. And the troubling part is that the email landed exactly where Epstein's legal machine wanted it: at the top of Main Justice, the same place that would go on to bless the non-prosecution agreement. The narrative that Alex Acosta “acted alone” collapses under the weight of communications like this. Starr wasn't appealing to Acosta. He was appealing above him—because that's where the real decision-making power sat.Filip's role in all this is even more damning when you consider the final outcome. DOJ headquarters didn't just look the other way—they authorized the sweetheart deal. They were the backstop that allowed Epstein's legal team to bypass federal prosecutors who wanted to charge Epstein with crimes carrying real prison time. Filip didn't just receive the email; Main Justice effectively delivered what Epstein's lawyers asked for. The infamous non-prosecution agreement wasn't Acosta freelancing—it was Washington signing off. The email illustrates how Epstein's team successfully moved the fight out of Florida and into D.C., where connections, prestige, and pressure carried far more weight than the testimony of dozens of abused children. Filip and Main Justice weren't bystanders—they were the reason the deal happened.to contact me:bobbycapucci@protonmail.comsource:gov.uscourts.flsd.317867.403.22_1.pdfBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
Last week, the Supreme Court ruled in favor of allowing Texas to use its gerrymandered congressional map in the 2026 midterms, handing a redistricting win to Republicans. Mary and Andrew begin here, pointing to this decision as an example of the conservative majority's disregard for opinions made by lower courts. Then, they turn to a Virginia grand jury's refusal to re-indict Letitia James after a federal judge dismissed the initial criminal case against her — showing, in the hosts' estimation, how weak the reasoning must be for this indictment to be declined. This, before turning to the declarations filed by Kristi Noem, among others, in Judge Boasberg's contempt case, and highlighting Judge Beryl Howell's scathing decision barring immigration arrests without a warrant in DC. And before they wrap, Andrew and Mary give a quick nod to the Pentagon's IG report on Defense Secretary Pete Hegseth's use of the Signal chat app.Further reading:HERE is Judge Beryl Howell's 88-page decision against DHS over warrantless immigration arrests.HERE is the Pentagon's IG report on Defense Secretary Pete Hegseth's use of the ‘Signal' chat app to communicate war plans. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
“What was said, when was it said, and who was observing the operation as it was ongoing?” These questions are top of mind this week for Todd Huntley, Director of Georgetown's National Security Law Program and a former active-duty Judge Advocate for the Navy. He joins Mary and Andrew to lend his unique expertise to what the Washington Post reported as a “kill them all” order from Defense Secretary Pete Hegseth. This order reportedly led to a second strike, killing two remaining survivors and, in Huntley's view, violating the laws of naval warfare and international law, which “give a protected status to shipwrecked personnel.” Mary and Andrew then take a moment to reflect on the tragic shooting of two National Guard members last week and an appellate court ruling affirming a lower court finding that Alina Habba's appointment as acting US Attorney in New Jersey was unlawful.Further reading: Todd Huntley's interview in The New Yorker: The Legal Consequences of Pete Hegseth's “Kill Them All” Order. A former military judge on the Trump Administration's contradictory—and likely unlawful—justifications for its Caribbean bombing campaign.Here is the original reporting on the 2nd strike by the Washington Post: Hegseth order on first Caribbean boat strike, officials say: Kill them all. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Amid an abundance of legal issues Mary and Andrew are keeping tabs on, this episode begins with the dismissal of the cases against both James Comey and Letitia James over the unlawful appointment of interim U.S. attorney Lindsey Halligan. The co-hosts work through the judge's decision before reviewing some of the procedural missteps made by Halligan in the Comey case. Next comes the news that the Pentagon is investigating Senator Mark Kelly over a video he and other lawmakers made assuring military personnel they are not obligated to follow illegal orders. As Andrew notes, “Isn't that the law? And isn't that what a president and the head of the Department of Defense want?” And last up, Andrew and Mary touch on a double standard over redistricting efforts, as the Justice Department sues California under a pretense of racial gerrymandering, while notably refraining from leveling similar challenges to Texas' redistricting plans. Further reading/watching:Here is the Washington Post piece Mary and Andrew referred to: White House blew past legal concerns in deadly strikes on drug boats.WATCH: Here is the video from Sen. Kelly and others: We want to speak directly to members of the Military and the Intelligence Community... Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
This past weekend — after months of deflection from the Trump administration — came a sudden tone shift from President Trump himself, who urged House Republicans to support a measure compelling the Justice Department to release the Epstein files. Mary and Andrew begin here, noting that Trump could just as easily release the files himself without a vote. Next, they review an order to release all grand jury material in James Comey's case, after the judge blasted the Justice Department for potential misconduct. And before wrapping up, Mary and Andrew head to the latest in the JGG case and Judge Boasberg's contempt proceeding, after a district court ruled to allow the case before him to proceed. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
“Leave aside the cruelty of not giving these funds out,” Andrew says, reflecting on the SNAP benefits case now before the Supreme Court. “What does it say that we're not prioritizing hunger as an issue?” Then, Mary brings listeners up to speed on the dizzying chain of events since Friday and where the SNAP case stands, even as the Senate and House appear to be moving towards reopening the government. And in honoring Veterans Day, Mary and Andrew dig into several issues affecting service members, including the latest filing in Trump v Illinois, and how to think about the term "regular forces", plus Judge Immergut's final order prohibiting the National Guard deployment in Portland. And finally, Just Security's co-editor in chief, Tess Bridgeman, joins to analyze what the law says— and doesn't say-- about blowing up boats in international waters without a clear justification or congressional authorization.Further reading: Judge Wolf's piece in The Atlantic: Why I Am Resigning. A federal judge explains his reasoning for leaving the bench.Just Security's collection of information around the boat strikes: Collection: U.S. Lethal Strikes on Suspected Drug TraffickersWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
The Supreme Court's landmark decision granting presidential immunity for official acts has reverberated in unprecedented ways since its issuance. One consequence, as Mary and Andrew note in their recent New York Times essay, is that rather than “preventing the weaponization of prosecutions, the court has unleashed it.” The co-hosts begin here, offering insights into the ongoing prosecutions of James Comey, Letitia James and the suspension of two assistant U.S. attorneys in DC. Next, they move to some updates on the National Guard domestic deployments, as several cases wind their way through the courts. And rounding out this episode, Mary and Andrew turn to the litigation around SNAP benefits and preview Wednesday's tariff argument before the Supreme Court.Further Reading:Here is Mary and Andrews' New York Times Essay: How the Supreme Court Paved the Way for Revenge ProsecutionsAnd as Mary and Andrew discussed, note the difference between the government's first Sentencing Memorandum in the Taylor Franklin Taranto case compared with the second Sentencing Memo.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
When the 2007 Non-Prosecution Agreement that saved Jeffrey Epstein's skin was finalized, it wasn't just some rogue local U.S. Attorney acting on his own. The top brass at the Department of Justice — including then–Deputy Attorney General Mark Filip and Attorney General Michael Mukasey — were in the loop. Internal communications, later cited in court filings and investigative reports, show that the NPA was vetted and approved at Main Justice in Washington. Filip's signature appears on the final authorization, effectively green-lighting one of the most scandalous sweetheart deals in modern American legal history. That deal guaranteed Epstein would avoid federal prosecution, granted immunity to unnamed “co-conspirators,” and allowed him to serve just 13 months in a county jail with daily “work release.” It wasn't a clerical accident — it was deliberate, systematic protection signed off by DOJ leadership.The reality is that Epstein's NPA wasn't just a Florida fluke — it was federal complicity dressed in legal procedure. Mukasey, who was Attorney General at the time, oversaw a DOJ that not only tolerated the deal but later defended it in court, arguing it was “binding and final.” Filip's direct approval made the arrangement bulletproof against internal reversal. This wasn't a failure of oversight — it was coordination. The DOJ could have overruled Acosta at any time but instead ratified his actions, cementing a cover-up that shielded Epstein's entire network. The real story of the NPA is that it wasn't just signed in Miami — it was sanctified in Washington.to contact me:bobbycapucci@protonmail.comBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
The bulldozing of the East Wing of the White House late last week was shocking to much of the nation, Mary and Andrew included. They begin there with concerns, not only about preserving its rich history, but the ethical and legal questions that arise from the president using private donations to fund this ballroom build, and how the Anti-Deficiency Act might apply. Next, an update on National Guard deployments in the California case and the 9th Circuit's issue of a temporary stay in Portland as they consider an en banc review. And last up, the boat strikes keep coming in the Caribbean -- and now in the Pacific, as the president continues to escalate tensions. Mary and Andrew address the thorny legal issues at play when the U.S. military kills suspected traffickers in international waters.A note to listeners: Since this episode was recorded, Defense Secretary Pete Hegseth announced another set of boat strikes in the Pacific ocean that killed 14 people. Further reading: Here is the Letter from several Democratic Senators raising concerns about donations to the ballroom that Mary and Andrew spoke about. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Mary and Andrew begin this week with the latest in the Trump administration's attempt to send National Guard troops into American cities. From the 9th Circuit comes a 2-1 decision lifting a lower court's temporary block on deployments into Portland, Oregon. Plus: the government has asked the Supreme Court to weigh in on the use of National Guard troops in Chicago. Mary and Andrew analyze the legal repercussions of both, then move to reporting on a Trump administration promise to betray U.S. informants in order to secure a prison deal with El Salvador. And while a week feels like a year these days, the co-hosts review both John Bolton's indictment last Thursday and James Comey's recent motion to dismiss his case based on vindictive and selective prosecution. Before wrapping up this week, Mary and Andrew take a beat on last week's oral arguments before the Supreme Court in Louisiana v Calláis that dealt directly with the Voting Rights Act and whether redrawing districts can be used to remedy disenfranchising voters in Louisiana.Further Listening/Reading: Here is Andrew's conversation with former Special Counsel Jack Smith at an event at UCL in London: The State of the United States: A Conversation with Jack SmithHere is the reporting from The Washington Post Mary and Andrew spoke about: Rubio promised to betray U.S. informants to get Trump's El Salvador prison deal.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Last Thursday, New York Attorney General Letitia James was indicted by a grand jury on two counts. This, on the heels of former FBI Director James Comey's arraignment, where pre-trial motions were granted around vindictive and selective prosecution. Mary and Andrew use these two examples to explain why targeting individuals instead of crimes violates some of the Justice Department's most sacred norms. Next, they walk through the latest court battles around federalized National Guard troops in Oregon and Illinois, with a 7th Circuit ruling in Chicago and oral arguments in the 9th circuit over the Portland deployment. Last comes a notable article from Professor Caleb Nelson, one of the nation's foremost originalist legal scholars, who questions granting increasing executive authority to the presidency. Further reading:Here is Professor Nelson's article written for NYU Law's Democracy Project: Special Feature: Must Administrative Officers Serve at the President's Pleasure?Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Military action is a stark theme this week, as Oregon and Illinois sue the Trump administration over its attempts to federalize National Guard troops for deployment into both states. Mary and Andrew break down not one, but two temporary restraining orders that block deployments to Oregon, as Trump appointed Judge Karin Immergut cites Trump's own words to show the facts don't support what he alleges about “war ravaged” cities. Then, they dig into the administration's fourth deadly boat strike on alleged drug traffickers near Venezuela, highlighting how the lack of apparent legal authority might play out, as Attorney General Pam Bondi answered questions from the Senate Judiciary committee Tuesday. Last up, Andrew and Mary turn to two consequential decisions that don't bode well for the Trump administration: one decision out of Boston, barring efforts to deport non-citizen activists; and a second finding of a “likelihood of vindictive prosecution” from a Nashville judge as it relates to the seeming retaliatory charges against Kilmar Abrego-Garcia.Further reading: MSNBC's Carol Leonnig and Ken Dilanian report: Top prosecutor is rejecting Trump pressure to charge New York AGMary And Tess Bridgeman's piece for Just Security: What the Senate Judiciary Committee Should Ask A.G. Bondi on Drug Cartel StrikesJudge Karin Immergut's two decisions in Oregon:Immergut's First TRO blocking federalization of the Oregon National Guard. Immergut's Second TRO blocking deployment of any “federalized members of the National Guard” to the state.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In Mary and Andrew's estimation, there is no effort from the Trump administration to say things softly, the quiet part is very much out loud. They begin with the indictment of former FBI Director James Comey by Trump's newly installed U.S. attorney for the Eastern District of Virginia, Lindsey Halligan, noting how much these targeted charges upend the tradition of a separation between the White House and the Justice Department. The next stop is Portland Oregon, where the president announced his intent to deploy troops to the city in a Saturday Truth Social post, calling it “war ravaged”. Oregon immediately sued to stop the national guard deployment, so Mary and Andrew catch listeners up on where this stands and what to expect. And last, they turn to Trump's domestic terror memorandum, announcing his intent to investigate left-leaning groups he suggests may be funding political violence. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
President Trump's pressure campaign to take action against perceived adversaries is unrelenting. Mary and Andrew start this week by breaking down a public push for Attorney General Pam Bondi to prosecute Trump's political foes, just as Virginia's U.S. Attorney was ousted for failing to bring charges against Letitia James and Jim Comey. The focus then turns to the government's attempt to control critics and silence opposition after last week's abrupt suspension of Jimmy Kimmel, backed by FCC Chair Brendan Carr, as well as what the president designating ANTIFA as a “terrorist organization” actually means. On the flip side comes the effort to dismiss investigations into those aligned with Trump's cause. See MSNBC's reporting on the FBI bribery investigation into “Border Czar” Tom Homan that was shut down after Trump returned to office. And last up: Mary shares the reasoning behind a court's decision to block the removal of dozens of Guatemalan children, citing that the governments explanation "crumbled like a house of cards.” And a reminder: There are still tickets available for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Last week's fatal shooting of Charlie Kirk was deeply disturbing, and as Andrew establishes at the start, “murder is murder” and those responsible must be held to account. So Mary and Andrew begin with where the investigation stands and how the FBI has handled the case, as well as the lawsuit filed against FBI Director Kash Patel over alleged politically motivated firings at the Bureau. Then, co-editor-in-chief of Just Security, Ryan Goodman stops in to share his research around the end of “the presumption of regularity” in the Trump era, amid growing frustration from many lower courts. And lastly, Andrew and Mary dig into the latest twists and turns in the President's attempt to fire Fed Governor Lisa Cook.A note to listeners: After today's recording, Tyler Robinson was charged with felony aggravated murder, among other charges.Further reading: Here is Ryan Goodman's research in Just Security: The “Presumption of Regularity” in Trump Administration LitigationAnd a reminder: There are still tickets available for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
This episode begins with Mary and Andrew digesting the 2-1 decision from the Fifth Circuit Court of Appeals halting the Trump administration's ability to use the Alien Enemies Act to deport Venezuelan nationals accused of being members of Tren de Aragua. Andrew calls the administration's recent arguments “outlandish” before moving to the questionable legality of the U.S. military's deadly boat strike last week – an unprecedented action which left eleven dead. Next, they move to Monday's Supreme Court decision undoing limits set by a lower court on how ICE conducts immigration raids. Plus, a federal judge issues a win for Harvard University on the topic of frozen and terminated funds. Further reading: The 5th Circuit Court of Appeals' ruling on Trump's invocation of the Alien Enemies Act to deport VenezuelansAnd a reminder: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
After a Labor Day weekend that saw a judge halt the Trump administration's attempt to deport dozens of Guatemalan children already loaded onto airplanes, Andrew and Mary had planned to start their conversation there. But just this morning, Judge Charles Breyer ruled the administration cannot deploy U.S. military to carry out law enforcement operations, as this violates the Posse Comitatus Act. Andrew and Mary provide historical context for the act and walk us through the rationale of this latest ruling. Then, they take a beat on moves to oust two more Trump appointed U.S. Attorneys in California and Nevada who have yet to be congressionally approved. And last up, they review several big cases on tariffs, Lisa Cook, and cuts to foreign aid.Further reading: Here is Judge Thomas T. Cullen's opinion dismissing Trump's lawsuit against Maryland federal judges.And here is Judge Charles Breyer's ruling on the Posse Comitatus Act: Opinion granting injunctive reliefAnd a reminder: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
On Monday, after Kilmar Abrego Garcia was taken into ICE custody, Judge Paula Xinis temporarily barred the Trump administration from deporting him to Uganda. Mary and Andrew begin here, reminding listeners that the origin of his case stems from a mistake made by our government. Next, they detail the questionable nature of the FBI raid on former National Security Advisor John Bolton's home and office before diving into some 30+ letters sent by Attorney General Pam Bondi to blue-leaning jurisdictions, with the aim of ending their sanctuary policies. Last up, Mary and Andrew drill down on Trump's latest executive order related to a rapidly deployable National Guard unit, as he sharpens threats to send troops into more cities.Further reading: Trump's Executive Order: ADDITIONAL MEASURES TO ADDRESS THE CRIME EMERGENCY IN THE DISTRICT OF COLUMBIAGarrett Graff's piece Mary referred to: America Tips Into FascismAnd a reminder: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
It's been another wild week, after the D.C. Attorney General sued the government for attempting to install the head of the D.E.A. as D.C.'s emergency police commissioner. Following an emergency hearing, US Attorney General Pam Bondi backed down and re-wrote the directive. But Andrew and Mary highlight why that's just the start: it's no longer just the D.C. National Guard being deployed in the nation's capital, National Guard units from five other red states are being sent to the city, making a complicated stew of who's in charge and who has jurisdiction. Next, they weave this thread into last week's trial over whether California's National Guard performed law enforcement operations in Los Angeles, a potential violation of The Posse Comitatus Act. And with Russia and Ukraine so much in the news, Andrew offers some reflections from the 2019 Special Counsel's report that exposes Russia's long-held goal of taking over the Donbas region. And last up, Andrew and Mary fill listeners in on two DC Circuit cases that have their attention: a decision allowing the Consumer Financial Protection Bureau to be dismantled and another that allows Trump to withhold billions in foreign aid.And a reminder: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
When “War is peace. Freedom is slavery. Ignorance is strength” we are living in an era of alternate facts. Mary and Andrew apply this Orwellian concept to what's happening this week, after President Trump cited section 740 of the Home Rule Act to federalize the DC police force and send in the national guard to the nation's capital. They detail how the president was able to do this and why Congress will be the ultimate arbiter of this move. Then, they highlight some litigation befitting this theme, with Judge Breyer's trial starting this week on the use of the national guard in Los Angeles, and some decisions including not to unseal grand jury testimony in the Ghislaine Maxwell case, plus an Appeals court blocking contempt proceedings in JGG. Last up, Andrew and Mary take a look at Judge Henderson's opinion in the OMB case and why it deserves more attention than it's received. Further reading: Here is President Trump's letter to Congress citing section 740, courtesy of the New York Times.And some exciting news: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Accountability or weaponization? That's the question Andrew and Mary tackle in their 150th episode together, starting with the distraction of the Office of the Special Counsel's investigation into Jack Smith for possible Hatch Act violations. In other DOJ related matters, they give some context to the Trump administration's continued battle to keep Alina Habba, a Trump ally, as New Jersey U.S. Attorney, just as The Legal Accountability Center filed bar complaints against lawyers who have represented Trump's White House in court. In another sideshow, Andrew and Mary break down what to make of a report on the “Clinton Plan” emails, declassified amid the Epstein controversy. And last up, they detail the decision out of the 9th Circuit Court which upheld a pause on ICE raids in California. Further Reading: Here is the piece Andrew and his colleague Ryan Goodman wrote for Just Security in October 2024: Refuting the Latest Baseless Attacks Against Special Counsel Jack SmithHere is the 9th Circuit Court decision on ICE Raids: Appeal from the United States District Court for the Central District of California And some exciting news: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.