Model of governance that separates powers
 
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Jim Comey and his legal team have filed their motions to dismiss his charges on selective and vindictive prosecution grounds, and Comey and Letitia James have filed motions to disqualify Lindsey Halligan.Marco Rubio gave El Salvador US government cooperators in exchange for use of their CECOT Prison.Jack Smith goes to paper in a letter to Chuck Grassley and Jim Jordan about potential Congressional testimony, and the Republican mischaracterization of his work.Trump is seeking $230M from his allies in the Justice Department as compensation for the criminal cases against him.Plus listener questions…Do you have questions for the pod? 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.
Presidential power has expanded far beyond what the framers of the Constitution envisioned. From Lincoln and Roosevelt to Nixon and Trump, presidents have pushed the limits of executive authority — often during moments of crisis. Understanding this history is key to understanding what comes next for American democracyIn this episode, host Simone Leeper speaks with American historians Douglas Brinkley and Rick Perlstein, CLC Executive Director Adav Noti and Juan Proaño, CEO of LULAC. In conversation, they trace how the presidency has gathered sweeping power over time; what happens when oversight of this executive power breaks down; and what legal, legislative and civic reforms could restore accountability, prevent presidential overreach and safeguard the constitutional separation of powers that defines the United States.Timestamps:(00:05) — Why were federal troops deployed in Los Angeles?(05:11) — Can the president legally invoke emergency powers?(07:31) — How did the Founders limit presidential authority?(09:14) — When did executive orders begin to expand presidential power?(10:25) — How did FDR and later presidents redefine the presidency?(13:04) — What did Nixon's “If the president does it, it's not illegal” comment really mean?(15:22) — What are the origins of the so-called unitary executive theory?(18:21) — How are checks and balances failing?(19:42) — Is America sliding toward authoritarianism?(27:57) — How is Campaign Legal Center fighting unlawful presidential overreach through litigation?(30:00) — Why does birthright citizenship matter for American democracy?(33:13) — What can be done to stop abuses of presidential authority?Host and Guests:Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor's degree in political science from Columbia University in 2016.Juan Proaño is an entrepreneur, technologist and business leader who is active in civic affairs, social impact, and politics He has served as the League of United Latin American Citizens (LULAC) Chief Executive Officer (CEO) since November 2023. As LULAC's CEO, Juan oversees the day-to-day operations at LULAC; identifies strategic growth areas; and works to amplify the organization's advocacy initiatives and action-oriented programs.Rick Perlstein is an American historian, writer and journalist who has garnered recognition for his chronicles of the post-1960s American conservative movement. He is the author of five bestselling books. Perlstein received the 2001 Los Angeles Times Book Award for History for his first book, Before the Storm: Barry Goldwater and the Unmaking of the American Consensus, and appeared on the best books of the year lists of The New York Times, The Washington Post and the Chicago Tribune. His essays and book reviews have been published in The New Yorker, The New York Times, The Washington Post, The Nation, The Village Voice and Slate, among others. A contributing editor and board member of In These Times magazine, he lives in Chicago.Douglas Brinkley is the Katherine Tsanoff Brown Chair in Humanities and Professor of History at Rice University, CNN Presidential Historian and a contributing editor at Vanity Fair. He works in many capacities in the world of public history, including on boards, museums, colleges and historical societies. The Chicago Tribune dubbed him “America's New Past Master.” The New York Historical has chosen Brinkley as their official U.S. Presidential Historian. His recent book Cronkite won the Sperber Prize, while The Great Deluge: Hurricane Katrina, New Orleans and the Mississippi Gulf Coast received the Robert F. Kennedy Book Award. He has received a Grammy Award for Presidential Suite and seven honorary doctorates in American Studies. His two-volume annotated The Nixon Tapes recently won the Arthur S. Link – Warren F. Kuehl Prize. He is a member of the Century Association, Council of Foreign Relations and the James Madison Council of the Library of Congress. He lives in Austin, Texas, with his wife and three children.Adav Noti coordinates all of Campaign Legal Center's operations and programmatic activities, overseeing CLC's efforts to protect elections, advance voter freedom, fix the campaign finance system, ensure fair redistricting and promote government ethics. Adav has conducted dozens of constitutional cases in trial and appellate courts and the United States Supreme Court. He also advises members of Congress and other policymakers on advancing democracy through legislation. Prior to joining CLC, Adav served for more than 10 years in nonpartisan leadership capacities within the Office of General Counsel of the Federal Election Commission, and he served as a Special Assistant United States Attorney for the District of Columbia. Adav regularly provides expert analysis for television, radio and print journalism.Links: Voting Is an American Freedom. The President Can't Change That – CLC What Are Executive Orders and How Do They Work? – CLC The Significance of Firing Inspectors General: Explained – CLC CLC's Kedric Payne on Trump's Brazen Removal of Nation's Top Ethics Official – CLC The Justice Department Is In Danger Of Losing Its Way Under Trump – CLC It's almost Inauguration Day. Will there be any checks on Trump's power? – Trevor Potter op-d in The Hill Amidst the Noise and Confusion – Trevor Potter's newsletter Understanding Corruption and Conflicts of Interest in Government | Campaign Legal Center – CLC CLC Sues to Stop Elon Musk and DOGE's Lawless, Unconstitutional Power Grab | Campaign Legal Center – CLC Trump's Executive Orders 2025 – Federal Register Preserving and Protecting the Integrity of American Elections (Trump's EO on voting) – The White House Defending the Freedom to Vote from the Trump Administration's Unconstitutional Presidential Overreach (LULAC, et al. v. Executive Office of the President) – CLC CLC Sues to Block Trump Administration's Illegal Election Overreach – CLC Victory! Anti-Voter Executive Order Halted in Court – CLC Understanding the election tech implications in the Trump Administration's executive order – Verified Voting Independent Agencies Must Remain Independent – CLC Can President Trump Do That? – CLC Why Birthright Citizenship Is an Essential Part of Our Democracy – CLC Authoritarianism, explained – Protect Democracy The Authoritarian Playbook – Protect Democracy U.S. Supreme Court Significantly Limits Restraints on Unconstitutional Presidential Actions – CLC Reconciliation Bill Passes the Senate Without Two Dangerous Provisions: Campaign Legal Center Reacts – CLC The “Self-Evident” Case for Opposing Tyranny – Trevor Potter's Newsletter White House Eyes Rarely Used Power to Override Congress on Spending – NY TimesAbout CLC:Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American's freedom to vote and participate meaningfully in the democratic process. Learn more about us.Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Todd breaks down the weekend's “No Kings” protests and explains what a monarchy really is—then contrasts it with America's constitutional republic. From the Declaration and consent of the governed to separation of powers and Federalist 51, he lays out why executive authority isn't a throne. Todd also addresses claims that Trump wants to be a king, the AI “crown” meme, and how checks and balances work when courts, Congress, and the White House collide. Plus: a commonsense look at border security, why moral character matters in self-government, and where we are on Day 20 of the Schumer shutdown—all in the signature Conservative Not Bitter style.
Todd breaks down the weekend's “No Kings” protests and explains what a monarchy really is—then contrasts it with America's constitutional republic. From the Declaration and consent of the governed to separation of powers and Federalist 51, he lays out why executive authority isn't a throne. Todd also addresses claims that Trump wants to be a king, the AI “crown” meme, and how checks and balances work when courts, Congress, and the White House collide. Plus: a commonsense look at border security, why moral character matters in self-government, and where we are on Day 20 of the Schumer shutdown—all in the signature Conservative Not Bitter style.
Friday, October 17th, 2025Today, John Bolton has been indicted on 18 counts of transmission and retention of national defense information under the Espionage Act; a 7th Circuit panel unanimously upholds the order blocking the National Guard deployment to Chicago; a federal judge orders ICE in Chicago to have body worn cameras because they're violating her previous court order; the House Oversight Committee demands Pam Bondi explain the transfer of Ghislaine Maxwell by October 30th; the new Oklahoma schools superintendent rescinds the mandate for Bible instruction in schools; Trump orders the IRS to go after Democratic non profits; a Florida judge has blocked the transfer of land in Florida for the Trump Presidential Library; the Supreme Court is poised to further curtail the Voting Rights Act; and Allison and Dana deliver your Good News.Thank You, CBDistilleryUse promo code DAILYBEANS at CBDistillery.com for 25% off your purchase. Guest: John FugelsangTell Me Everything - John Fugelsang, The John Fugelsang Podcast, John Fugelsang - Substack, @johnfugelsang.bsky.social - Bluesky, @JohnFugelsang -TwitterSeparation of Church and Hate by John Fugelsang - OUT NOW!Upcoming Live Dates - OCT 8 Special Event | Zanies Chicago Comedy Club, The Nation Cruise - Guest Speakers, 2025 National Convention OCT 18 - Freedom From Religion Foundation, Separation of Church & Hate book tour NOV 12 - Union StageAG will be at NO KINGS II October 18 10am-2pm - San DiegoCongratulations To Dana! The 2025 Out100: Dana GoldbergStoriesFlorida judge temporarily blocks transfer of downtown Miami land for Trump's presidential library | AP NewsJohn Bolton is indicted for allegedly keeping and sharing classified information | POLITICORanking Member Robert Garcia Demands Pam Bondi Stop the White House Epstein Cover-Up; Explain Maxwell Prison Transfer | The Committee on Oversight and Accountability DemocratsUS Supreme Court weighs 'earthquake' ruling on Voting Rights Act | BBCTrump Team Plans IRS Overhaul to Enable Pursuit of Left-Leaning Groups | WSJGood TroubleAttend A No Kings Rally Near You on Saturday. Let's Make History.NoKings.org**California! YOU have your prop 50 ballots. Fill them out and return them ASAP.Yes On Prop 50 | CA Special Election Phone Banks - mobilize.us**October 20 Deadline -Petition of America First Legal Foundation for Rulemaking**October 18 - NoKings.org**Vote Yes 836 - Oklahoma**How to Organize a Bearing Witness Standout**Fire Kilmeade - foxfeedback@foxnews.com, Requests - Fox News**Indiana teacher snitch portal - Eyes on Education**Find Your Representative | house.gov, Contacting U.S. SenatorsFrom The Good NewsNoKings.orgMedia Room | Transportation Security Administrationposemedollpatterns.etsy.com?coupon=BEANSHealthy School Meals for All - CO Department of EducationProposition MM: Increase taxes for free school meals and food assistance, explainedAdopt – Big Bones Canine Rescue(Mark your calendar for November 14th, 2025 - Chicago, Illinois - Dana)Our Donation LinksNational Security Counselors - DonateMSW Media, Blue Wave California Victory Fund | ActBlueWhistleblowerAid.org/beansFederal workers - email AG at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen. Find Upcoming Actions 50501 Movement, No Kings.org, Indivisible.orgDr. Allison Gill - Substack, BlueSky , TikTok, IG, TwitterDana Goldberg - BlueSky, Twitter, IG, facebook, danagoldberg.comMore from MSW Media - Shows - MSW Media, Cleanup On Aisle 45 pod, The Breakdown | SubstackReminder - you can see the pod pics if you become a Patron. The good news pics are at the bottom of the show notes of each Patreon episode! That's just one of the perks of subscribing! patreon.com/muellershewrote Our Donation LinksNational Security Counselors - DonateMSW Media, Blue Wave California Victory Fund | ActBlueWhistleblowerAid.org/beansFederal workers - feel free to email AG at fedoath@pm.me and let me know what you're going to do, or just vent. I'm always here to listen. Find Upcoming Actions 50501 Movement, No Kings.org, Indivisible.orgDr. Allison Gill - Substack, BlueSky , TikTok, IG, TwitterDana Goldberg - BlueSky, Twitter, IG, facebook, danagoldberg.comCheck out more from MSW Media - Shows - MSW Media, Cleanup On Aisle 45 pod, The Breakdown | SubstackShare your Good News or Good TroubleMSW Good News and Good TroubleHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?The Daily Beans | SupercastThe Daily Beans & Mueller, She Wrote | PatreonThe Daily Beans | Apple Podcasts Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Clark County Today's latest poll asks voters to weigh in on the separation of powers between the County Council and County Manager. As Charter Review Commission candidates debate the balance of authority, residents can share whether they believe the system is working or needs reform. https://www.clarkcountytoday.com/opinion/poll-how-well-is-clark-countys-current-separation-of-powers-system-working-between-the-county-council-and-county-manager/ #ClarkCounty #Poll #Politics #SeparationOfPowers #CountyCouncil #CountyManager #CharterReview #LocalGovernment #Elections #PublicOpinion
Clark County Charter Review Commission candidates outline contrasting opinions on the balance of power between the County Council and County Manager. Some praise the system's checks and balances, while others say it gives too much control to the unelected manager. https://www.clarkcountytoday.com/news/part-ii-charter-review-commission-candidates-express-positions-on-separation-of-powers/ #ClarkCounty #Politics #CharterReview #CountyCouncil #CountyManager #Governance #Transparency #Accountability #LocalGovernment #Elections
The Supreme Court's new term is loaded with big questions and Law Talk is on the cases: transgender athletes and Title IX, presidential power to fire officials (even at the Fed), race-based redistricting, free speech and “conversion therapy,” and Trump's use of emergency powers to impose tariffs. From constitutional originalism to modern political realities, the trio debate what's at stake for the Court — and for the country.
The Supreme Court's new term is loaded with big questions and Law Talk is on the cases: transgender athletes and Title IX, presidential power to fire officials (even at the Fed), race-based redistricting, free speech and “conversion therapy,” and Trump's use of emergency powers to impose tariffs. From constitutional originalism to modern political realities, the trio debate […]
The Supreme Court's new term is loaded with big questions and Law Talk is on the cases: transgender athletes and Title IX, presidential power to fire officials (even at the Fed), race-based redistricting, free speech and “conversion therapy,” and Trump's use of emergency powers to impose tariffs. From constitutional originalism to modern political realities, the trio debate what's at stake for the Court — and for the country.
HEADLINE: Supreme Court Battles Over Presidential Impoundment Authority and the Separation of Powers GUEST NAME: Josh Blackman SUMMARY: John Batchelor speaks with Josh Blackman about Supreme Court eras focusing on the separation of powers. Currently, the court is addressing presidential impoundment—the executive's authority to withhold appropriated funds. Earlier rulings, particularly 1975's Train v. City of New York, constrained this power. The Roberts Court appears sympathetic to reclaiming presidential authority lost during the Nixon era. The outcome of this ongoing litigation will determine the proper balance between executive and legislative branches.
HEADLINE: Supreme Court Battles Over Presidential Impoundment Authority and the Separation of Powers GUEST NAME: Josh Blackman SUMMARY: John Batchelor speaks with Josh Blackman about Supreme Court eras focusing on the separation of powers. Currently, the court is addressing presidential impoundment—the executive's authority to withhold appropriated funds. Earlier rulings, particularly 1975's Train v. City of New York, constrained this power. The Roberts Court appears sympathetic to reclaiming presidential authority lost during the Nixon era. The outcome of this ongoing litigation will determine the proper balance between executive and legislative branches. 1876 SCOTUS
The foundation of our democracy is the Constitution, a system of checks and balances and the rule of law. But today, those cornerstones are being blatantly disrespected by a presidential administration attempting to consolidate power at all costs..In this episode, host Simone Leeper is joined by Campaign Legal Center litigators Anna Baldwin and Brent Ferguson. They examine the most pressing examples of the erosion of the rule of law, from the politicization of the Department of Justice to the stifling of free speech. Along the way, they highlight how Congress and the courts have failed as effective checks — leaving civil society and citizens to defend constitutional principles — and explore the reforms that could restore accountability, protect the rule of law and strengthen democracy against threats. Timestamps:(00:05) — Why is free speech under attack in the U.S.?(03:50) — How is political opposition being falsely linked to political violence?(05:38) — Why is deploying federal troops in U.S. cities a threat to democracy?(09:50) — How are Congress and the courts failing to check presidential abuses of power?(15:09) — How has the DOJ been transformed into a political tool?(20:17) — Why is the Voting Rights Act no longer being enforced?(21:17) — What's at stake with the DOJ's demand for voter data?(27:27) — How is CLC challenging unlawful executive orders?(32:30) — What reforms are needed to restore checks and balances?Host and Guests:Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor's degree in political science from Columbia University in 2016.Anna Baldwin is a member of Campaign Legal Center's voting rights team working to protect the freedom to vote, litigating cases in state and federal courts, from filing through appeal to the Supreme Court. Prior to joining CLC, Anna spent 14 years in the Civil Rights Division of the U.S. Department of Justice. In North Carolina State Conference of the NAACP v. McCrory, Anna led briefing and appellate argument for the United States to overturn a North Carolina law that purposefully restricted voting and registration opportunities for Black voters in violation of Section 2 of the Voting Rights Act. Anna was also a member of the trial team that successfully challenged Texas's racially discriminatory voter ID law. Anna has argued eighteen cases before the federal courts of appeal, including four en banc cases. Previously, Anna was an associate in the Washington D.C. office of Jenner & Block LLP, and clerked for Judge James Robertson on the U.S. District Court for the District of Columbia, and for Judge M. Blane Michael on the U.S. Court of Appeals for the Fourth Circuit.Brent Ferguson leads Campaign Legal Center's strategic litigation team, focusing on anti-authoritarianism and litigating in all areas of election law. Brent has worked on protecting and improving our democracy for most of his career. At CLC, he has led litigation teams challenging state and federal laws and policies that seek to unlawfully purge voters, limit voter registration activity and otherwise prevent Americans from exercising their constitutionally protected rights. He has authored academic articles on election law and other constitutional issues in the Washington Law Review, the Cornell Journal of Law & Public Policy, the Emory Law Journal Online and elsewhere. Before coming to CLC, Brent was senior counsel at the National Redistricting Foundation, where he helped develop strategy for federal and state redistricting litigation. For four years, he served as counsel at the Brennan Center for Justice, focusing on campaign finance reform and working on a broad range of other democracy issues. He was also an assistant district attorney in the Manhattan District Attorney's office, where he litigated appeals of public corruption convictions. He clerked for Judge Michael Chagares of the U.S. Court of Appeals for the Third Circuit and Judge Jeffrey Miller of the U.S. District Court for the Southern District of California.Links:Taking Action Against Presidential Abuses of Power | Campaign Legal CenterAbout CLC:Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American's freedom to vote and participate meaningfully in the democratic process. Learn more about us.Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what's broken in our democracy and how we can work together to fix it. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In April, President Trump declared a national emergency and assumed the power to levy tariffs, introducing uncertainty into global trading by reneging on previously negotiated agreements. One of the attorneys representing the challengers to the president's decree in Trump v. VOS is Stanford Law Professor Michael McConnell, a constitutional law expert and former Tenth Circuit judge. The case, which the U.S. Supreme Court has expedited, is set to have ramifications well beyond trade. As McConnell wrote in a recent New York Times op-ed: “The tariff litigation is shaping up as the biggest separation-of-powers controversy since the steel seizure case in 1952…Understandably, most of the commentary has focused on the practical ramifications for the president's trade negotiations and the American economy. But the cases may be even more important for the future of a fundamental component of the Constitution's architecture: the separation of powers, intended by the founders to prevent any of the government's three branches from becoming all powerful.” McConnell joins Pam Karlan and Diego Zambrano for a discussion about this important case, exploring whether presidents have the authority to tax through tariffs without clear congressional approval, the historical and constitutional roots of "no taxation without representation," and the seismic ramifications of a redefinition of the limits of executive economic power.Links:Michael McConnell >>> Stanford Law pageConnect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PagePam Karlan >>> Stanford Law School PageDiego Zambrano >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/X Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
In this episode of Passing Judgment, Jessica breaks down the Trump administration's move to federalize the National Guard in Oregon amid Portland protests. She explains Oregon's lawsuit against the federal government, outlining key arguments such as the improper use of federal authority, possible violations of the Posse Comitatus Act, and state sovereignty issues. Jessica evaluates each argument's strength, noting that courts usually defer to presidential discretion in these cases. The episode offers a clear overview of the unfolding legal battle and what's at stake for both state and federal powers.Here are three key takeaways you don't want to miss:1. Federalization of the National Guard in OregonThe episode opens by discussing the Trump administration's decision to federalize the National Guard in Oregon—specifically Portland. This move was made over local objections and parallels previous situations, such as federal intervention during protests in Los Angeles.2. Oregon's Legal Arguments Against FederalizationThe majority of the episode breaks down the legal case Oregon is making in its suit against the federal government.3. Legal Analysis of Oregon's ChancesEach argument is weighed in terms of likely success. The host points out that courts have historically given substantial deference to presidential discretion in these national security and public order matters, making Oregon's position a difficult one.Follow Our Host: @LevinsonJessica
This conversation delves into the foundational principles of American law, focusing on the separation of powers and federalism. It explores the historical context, key thinkers, and the intricate mechanisms that govern the relationship between the federal and state governments. The discussion emphasizes the importance of understanding these concepts for legal education and exam preparation, while also highlighting the dynamic nature of federalism and its implications for contemporary governance.In the intricate tapestry of governance, two foundational concepts stand out: Separation of Powers and Federalism. Imagine a system where power is not concentrated in a single entity but is distributed to ensure balance and prevent tyranny. This is the essence of these principles, which have shaped modern democracies.Separation of Powers:The doctrine of Separation of Powers divides government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. As James Madison famously noted, "The accumulation of all powers, legislative, executive, and judiciary, in the same hands... may justly be pronounced the very definition of tyranny."Federalism:Federalism, on the other hand, is a system of government in which entities such as states or provinces share power with a national government. The U.S. Constitution establishes this system, allowing for a division of powers between the federal government and the states. This ensures that governmental power is not only separated horizontally among branches but also vertically across different levels of government.Understanding these concepts is crucial for appreciating the structure and function of modern democracies. They ensure that power is balanced and that citizens' rights are protected from potential governmental overreach.Subscribe Now: Stay informed about the principles that shape our world. Subscribe now for more insights into governance and democracy.TakeawaysUnderstanding the foundational principles of law is crucial for law students.Separation of powers and federalism are key concepts in constitutional law.Historical context shapes the current legal framework.Key thinkers like Montesquieu, Adams, and Madison influenced the Constitution.Defining core concepts is essential for exam success.The legislative branch is designed to be the most powerful yet checked.The executive branch has significant powers but is limited by checks.The judiciary interprets laws and has the power of judicial review.Federalism allows for a balance of power between state and federal governments.States serve as laboratories of democracy, experimenting with policies.law school, constitutional law, separation of powers, federalism, legal principles, Supreme Court, exam preparation, American government, historical context, legal education
In this episode of Passing Judgment, we delve into the high-stakes legal battle over the attempted removal of Federal Reserve Governor Lisa Cook. Jessica explains the Trump administration's push to fire Cook, the court's decision to reinstate her, and the looming emergency appeal. Tune in as we explore the legal protections for Fed governors, the fight over presidential power, and why this showdown could impact both the central bank's independence and the broader economy.Here are three key takeaways you don't want to miss:Legal Battle Over Federal Reserve Independence: Jessica discusses the attempt by the Trump administration to fire Federal Reserve Governor Lisa Cook. She explains this centers on whether a president can remove a sitting Fed governor and under what circumstances, which is a pivotal question about the independence of the central bank.The Law and Statutory Interpretation: The conversation delves into the Federal Reserve Act, which only allows removal of board members “for cause.” There's debate on what “for cause” means—whether it should be restricted to on-the-job misconduct or include actions before taking office. The district court judge sided with the narrower reading, that it should only pertain to conduct while in office.Due Process and Rights of the Removed Official: A significant part of the discussion is about whether Lisa Cook was given due process. The judge found she likely wasn't given adequate notice or opportunity to respond to the allegations, which could be a violation of her rights.Follow Our Host: @LevinsonJessica
This month on In The Balance, our guest is Justice David May of the Iowa Supreme Court. He shares his insights on the Separation of Powers. Justice May was appointed to the Court in 2022 and currently serves on the bench. Host: Abhash Shrestha Guests: Justice David May Website: www.iowacourts.gov YouTube: https://www.youtube.com/@iowacourts8702 X: https://twitter.com/IowaCourts Music: Item Title: Inspirational Strings Logo Item URL: https://elements.envato.com/inspirational-strings-logo-XUG4BU3 Item ID: XUG4BU3 Author Username: Oasis_Music Licensee: State of Iowa Judicial Branch IT Registered Project Name: In the Balance Podcast License Date: January 17th, 2024 Item License Code: AY7ZT3DRG8
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.
Part 4: We continue our in-depth examination of sex, gender, and separation of powers in the US Supreme Court decision Bostock v. Clayton County, GA 590 U.S. 644 (2020): the Republican dispute, how to understand it, and what to do about it. We cover Gorsuch's Opinion for the Court through his Roman Numeral II.C and the first two paragraphs of Roman Numeral III only in this episode, and stop at his III.A. We'll cover his III.A next time. Part 4. The Republican Professor is a pro-separation-of-powers-rightly-construed podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.
If it's customary, it's probably not happening in this Justice Department. Starting with the latest from the Epstein controversy, Andrew and Mary unpack what to make of the two days Deputy Attorney General Todd Blanche spent interviewing Ghislaine Maxwell. This, after a Florida judge denied the release of Epstein grand jury transcripts last Wednesday.And in immigration related news, three decisions came through in the Kilmar Abrego Garcia saga, just as the first claim is filed against the U.S. over one man's deportation to El Salvador without due process. Then, in an eye-popping move, Attorney General Pam Bondi's office filed a misconduct complaint against Judge James Boasberg for “making improper public comments” about the President and his administration. And before wrapping up this week, Mary and Andrew give some context to the former J6 prosecutor who's suing the administration over his abrupt firing.Further Reading: Here is the misconduct complaint filed against Judge Boasberg: Complaint Against United States District Court Chief Judge James E. BoasbergAnd 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.
Qatanani v. Att'y Gen. U.S., No. 24-1849 (3d Cir. July 15, 2025) BIA self-certification; separation of powers; rescission; grant of LPR status; Kisor deference; constitutional violation & discretionary adjustment of status; due process Matter of C-M-M-, 29 I&N Dec. 141 (BIA 2025) DHS meeting bond burden; danger; flight risk; withholding-only; unlawful reentries Matter of K-E-S-G-, 29 I&N Dec. 145 (BIA 2025) particularity; sex; nationality; women viewed as property; societal views Mejia-Hernandez v. Bondi, No. 23-1508 (7th Cir. July 17, 2025) family-based nexus; revenge; unable or unwilling; well-founded fear; threats rising to the level of past-persecution; murder of family members; untimely assertion of deficient NTA claims processing rule; Honduras Singh v. Bondi, No 24-1602 (7th Cir. July 18, 2025) reissuing BIA decisions to petition for review; ineffective assistance of counsel; Lozada Goncalves Leao v. Bondi, No. 24-1239 (1st Cir. July 14, 2025) exceptional and extremely unusual hardship review; child with drug issues; Monreal; absence of medical expert Alay v. Bondi, No. 24-1299 (1st Cir. July 16, 2025) hardship review; children knowing mother is in dangerous situation; individualized analysis; Guatemala Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Cerenade"Leader in providing smart, secure, and intuitive cloud-based solutions"Demo Link!Click me too!Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: STAFI2025Click me!Gonzales & Gonzales Immigration BondsP: (833) 409-9200immigrationbond.com Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER & CREDITSSee Eps. 1-200Support the show
Following the emergence of new evidence from messages submitted by the Department of Justice's whistleblower, Erez Reuveni, Andrew and Mary discuss its potential implications for the case of Kilmar Abrego Garcia and the confirmation process of Emil Bove III. They also examine a Southern California ruling to halt immigration stops based on race. On the other coast, they look at a temporary block of Trump's order restricting birthright citizenship—a case where Mary has particular expertise via her role in a related birthright citizenship case: CASA v. Trump. Finally, SCOTUS paves way for mass layoffs of federal workers, and DOJ opens investigations into former FBI Director James Comey and former CIA Director John Brennan.Listener Note: This podcast was recorded several hours before the Supreme Court decision allowing for the dismantling of the Department of Education. Andrew and Mary will discuss on next week's episode.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
This week's episode begins with a Supreme Court decision to allow the deportation of eight migrants to South Sudan without due process, despite it not being their country of origin. And after a comparative review of the new beefed-up ICE budget and what it means for deportation operations moving forward, Andrew and Mary spotlightthe latest from Kilmar Abrego Garcia's civil and criminal cases. Also not to be missed: the newly disclosed letters Attorney General Pam Bondi sent to tech firms assuring them they would not be penalized for supporting TikTok operations in the US, despite a federal ban. Plus: how a pardoned J6 defendant received a life sentence for plotting to kill the agents who investigated him, and what led to FBI agent Michael Feinberg's forced resignation.Further reading: Here are the letters sent from Attorney General Pam Bondi to Google, Apple and Amazon, among others. And here is a write up from former FBI agent Michael Feinberg, explaining his coerced resignation. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
After Friday's Supreme Court ruling to limit nationwide injunctions, Mary and Andrew begin by breaking down what it means for future challenges to executive actions as they make their way through the courts, and what's next for Mary's birthright citizenship case. They also tackle the DHS lawsuit against all federal judges on the district court in Maryland, before reviewing the Justice Department's plans to prioritize cases revoking citizenship—aka ‘denaturalizing' US citizens. This, along with their discussion of ICE targeting migrant workers and using routine traffic stops to check legal status, shines a light on the legal limits of ICE's tactics.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
The United States entered the conflict between Israel and Iran this weekend after bombing three Iranian nuclear sites. Andrew and Mary start this week's episode here, discussing the scope of presidential war powers and the norms of international law following the strikes. After, they shift focus to immigration, zeroing in on a whistleblower complaint from a former DOJ lawyer against Principal Deputy Attorney General Emil Bove among others, as well as the releases of Mahmoud Khalil and Kilmar Abrego Garcia. And after a nod to the Supreme Court's decision on removing immigrants to countries other than their own, Mary and Andrew touch on the 9th Circuit decision allowing Trump to retain control of the California National Guard, and what happens next.Further reading: Here is the compliant from the Justice Department whistleblower (courtesy New York Times): Protected Whistleblower Disclosure of Erez Reuveni Regarding Violation of Laws, Rules & Regulations, Abuse of Authority, and Substantial and Specific Danger to Health and Safety at the Department of Justice and here is more on the dissent from the Supreme Court's recent decision: Supreme Court allows Trump to swiftly deport certain immigrants to 'third countries'Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Part 3: We continue our in-depth examination of sex, gender, and separation of powers in the US Supreme Court decision Bostock v. Clayton County, GA 590 U.S. 644 (2020): the Republican dispute, how to understand it, and what to do about it. We cover Gorsuch's Opinion for the Court through his Roman Numeral II.B only in this episode, and stop at his II.C. We'll cover his II.C next time. Part 3. The Republican Professor is a pro-separation-of-powers-rightly-construed podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.
Part 2: We continue our in-depth examination of sex, gender, and separation of powers in the US Supreme Court decision Bostock v. Clayton County, GA 590 U.S. 644 (2020): the Republican dispute, how to understand it, and what to do about it. We cover Gorsuch's Opinion for the Court through his Roman Numeral II A only in this episode, and stop at his II.B. We'll cover his II.B next time. Part 2. The Republican Professor is a pro-separation-of-powers-rightly-construed podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.
Political violence is never OK. So after the horrible news out of Minnesota, Mary and Andrew begin with a breakdown of the federal charges against the man accused of murdering a Minnesota state lawmaker and her husband and attempting to murder several others.Next, they move to an explainer of an appeals court ruling that temporarily blocked a lower court decision ordering the control of the California National Guard back to the state, while tying in the scuffle during Homeland Security Secretary Kristi Noem's press conference last week as Senator Alex Padilla was forcibly removed and handcuffed. And rounding out this episode, Andrew and Mary note Trump's failed attempt to appeal the $5 million judgement in the E Jean Carroll case, and the arguments heard last week on his attempt to remove his NY state hush money case to a federal court.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
We begin our in-depth examination of sex, gender, and separation of powers in the US Supreme Court decision Bostock v. Clayton County, GA 590 U.S. 644 (2020): the Republican dispute, how to understand it, and what to do about it. Part 1. The Republican Professor is a pro-separation-of-powers-rightly-construed podcast. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.
Protests intensified in Los Angeles and around the country after the Trump administration stepped up ICE raids largely targeting immigrants working in service industries. And after Trump deployed the National Guard without any buy-in from the state, California sued. So what now? That's where Andrew and Mary begin this week, parsing the legality of using the military domestically, and how responsibilities shift when the National Guard is federalized. The rest of this episode is focused on the intertwined news of Judge Boasberg's sweeping decision to ensure due process for the Venezuelan immigrants deported to El Salvador, with Kilmar Abrego Garcia's return to the US, as he faces charges of human smuggling in Tennessee.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Media coverage over the economic impact of President Trump's tariffs has been robust,but not a ton of attention has been paid to the actual legality of them. So that's where Andrew and Mary begin, after two court decisions in the last week questioned the merits and where jurisdiction lies. Then they turn to the president's significant use of the pardon power to commute sentences and override convictions of some friends and allies, and what it says about maintaining a belief in blind justice. And after some great reporting from the New York Times, Mary and Adnrew detail some changes happening within Director Kash Patel's FBI, as bureau leaders are taken down a peg and emphasis on public corruption is dialed back.Further reading: Here is the New York Times reporting concerning the FBI: Unease at F.B.I. Intensifies as Patel Ousts Top OfficialsWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
What if the recent crackdown on elite universities didn't start with Trump—but with Obama? In this episode, we trace a surprising through-line connecting Obama's Title IX enforcement to Trump's Title VI threats. Harvard Law Professor Jacob Gersen joins us to reveal how both presidents used informal bureaucratic tools to reshape higher education—often without Congress. What does this say about presidential power and academic freedom in America?Papers discussed:“The Sex Bureaucracy”: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2750143“The Six Bureaucracy”: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5199652
Andrew and Mary launch this week's episode by digging into the details on some of the latest acts of retribution coming out of the Trump administration as Trump targets Harvard, the Jenner & Block law firm gets a decision and Rep. LaMonica McIver gets charged with assault. Afterwards, they review a preliminary decision from the Supreme Court to stay a DC District Court's injunction that paused the firing of Gwynne Wilcox from the National Labor Relations Board, as well as Cathy Harris from the MSPB governing board while they challenge their removals. And lastly, Andrew and Mary get listeners up to speed on the O.C.G. case and the DOJ's continued defiance of Judge Murphy's TRO regarding extractions of migrants to countries they have no ties to.Further listening: HERE is a clip of Rep LaMonica McIver responding to the charges against her.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
With so many issues stemming from President Trump's executive orders now before the Supreme Court, it's tough to know where to begin. So Andrew and Mary start this week with the arguments heard last Thursday from Mary's ICAP team on the courts issuing national injunctions in several birthright citizenship cases. They recap Thursday's highlights and note the Justices' interest in getting to the merits of the birthright issue. Then, they talk through two SCOTUS decisions from Friday and Monday: one on the Trump administration using the Alien Enemies Act to ‘extract' Venezuelan migrants, and the other on their attempt to revoke the protected status of Venezuelans. Last up, Andrew and Mary turn to the specifics of a few of the immigration removal cases, as hearings continue and the lack of due process continues to be challenged.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
Stephen Miller's got some ideas. So this week, Mary and Andrew start with a focus on his recent acknowledgement that the White House is considering suspending habeas corpus altogether for migrants. They talk about what that means, and the reality that it lacks any legal sniff test, which the Supreme Court agrees with. Then, they highlight what happens when due process works, after the release of Rumeysa Ozturk, a Tufts student who was detained by ICE over an opinion piece she wrote for the student newspaper. Next up, a significant decision from Judge Susan Illston out of California, putting a temporary hold on reducing the federal workforce. Mary and Andrew note what she held, including that the administration needs to follow procedure and get congressional buy in. And lastly, they preview the Supreme Court argument Mary's ICAP team is bringing this Thursday on birthright citizenship- not on the merits per se, but on the issue of national injunctions. And a quick eye pop on Trump's decision to swap out Ed Martin as the US Attorney for DC with yet another Fox News host, Jeanine Pirro.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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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.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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.
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.
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.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
In our Constitution, the framers established three independent branches of government, creating checks and balances to keep any one branch from becoming too powerful. Governors Bredesen and Haslam are joined by Harvard professor Cass Sunstein and Vanderbilt professor David Lewis to explore the history and interaction between the branches and whether the Framers' vision holds up in current practice.
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.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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 HEREWhy Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HEREInto America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HEREVoting closes this Thursday, April 17th.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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 bumpsAnd please vote for your favorite MSNBC podcasts in this year's Webby Awards:Prosecuting Donald Trump in the Podcasts - Crime & Justice category: VOTE HEREWhy Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HEREInto America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HEREVoting closes April 17th.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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 OrdersAnd here is Andrew's piece, also from Just Security: The New “Blacklists” Work When Law Firms Stay SilentAnd here is the criminal code Andrew and Mary referenced: 18 U.S. Code § 793 - Gathering, transmitting or losing defense informationWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
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.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.
