Main Justice

With Acting Attorney General Todd Blanche’s confirmation hearing set to begin midweek, Andrew and Mary use this episode to look at the totality of his tenure at the Justice Department, detailing example after example of how — despite his role as the chief lawyer for the United States — he is still functioning as the de facto personal lawyer for the president. They start things off by dissecting a deeply consequential and searing opinion from District Judge Kathleen Williams over Trump’s IRS lawsuit, effectively finding, in Mary’s telling, that it “was collusion. It was the president being on both sides of that case, and it's no adversity between the parties.” Then, the co-hosts take a broader gaze into what Blanche has done: his handling of the Epstein files and Ghislaine Maxwell, the ongoing investigations and attempted prosecutions of Trump’s political enemies and how he has used the DOJ as the president’s personal law firm. Mary and Andrew also review the Justice Department’s recent actions with Blanche at the helm, including an example from the past week of the ongoing “assault on journalists”: subpoenaing New York Times journalists who wrote about the jet gifted to the US by the Qatari government.

Further Reading: 

Here is a transcript of Mary’s testimony during former Attorney General Pam Bondi’s confirmation hearing: https://www.judiciary.senate.gov/imo/media/doc/2025-01-16_-_testimony_-_mccord.pdf

Judge Williams’ Decision: Here is the Order in Trump v. IRS 

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Mary and Andrew start with a deeper dive into the Supreme Court’s decision to allow the removal of Temporary Protected Status designations from over 330,000 immigrants from Haiti and Syria — a consequential ruling that affects TPS holders well beyond those who brought the case, leaving over a million people vulnerable to removal. As Andrew notes, this case was based on two claims: one being a statutory challenge that DHS didn’t follow the procedures set out by Congress, and the other a constitutional equal protection claim that this TPS status removal was “motivated in part by race” — both of which were struck down 6-3. Then, a look at Trump’s latest retribution efforts including the heavy sentences doled out over a protest that ended in a shooting outside the ICE Prairieland Detention Center inTexas one year ago; a felony indictment of former Olympian David Hearn for allegedly tearing part of the liner of the Lincoln Memorial Reflecting Pool; and former CIA Director John Brennan going on offense to challenge the DOJ’s investigation into him. Plus, Mary and Andrew analyze the DOJ’s response to a “show cause” order to unredact some of the Epstein files in a lawsuit filed by journalist Katie Phang.

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As Andrew puts it, Chief Justice John Roberts is “cherry-picking.” He’s flying solo in this short edition of Main Justice (more to come with Mary in the next episode). Andrew gives a quick briefing on several of the Supreme Court’s most consequential end-of-term rulings, starting with the decision not to hear an appeal in the E. Jean Carroll case. Andrew also touches on the Court’s decision to uphold a Mississippi law to allow mail-in ballots that are sent by Election Day to be counted but saves his deepest analysis for two similar cases with opposing decisions: the firings of Lisa Cook and Rebecca Slaughter. While the Court ruled that the Trump administration must have cause to dismiss Cook from the Federal Reserve, it allowed the government to fire Slaughter from the Federal Trade Commission, a decision which Andrew calls deeply flawed showing the conservative majority’s support for a “unitary executive.”  And finally, Andrew breaks down the Court’s narrow decision to uphold birthright citizenship, and why the tight 5-4 split is the story.

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There’s a lot on the docket today. To pull apart the Iran “deal” framework, Mary and Andrew are joined by Tess Bridgeman, an international law expert who served as a legal advisor in the Obama administration through the 2015 nuclear deal with Iran. Tess lays out how President Trump’s 14-point memorandum of understanding differs from what was brokered in 2015, and what to watch for as negotiations continue. Before she joins, the co-hosts begin by analyzing several examples of what Mary calls the Trump Justice Department’s "consistent effort” to avoid judicial review: their refusal to put into a sworn declaration that they won’t move forward with the “Anti-Weaponization” fund and a motion to dismiss a Clean Air Act violation lawsuit against Elon Musk’s xAI data center in Mississippi. They also tackle a few instances where, contrastingly, the government has positioned itself “on the offense” this week, including an indictment of 15 protesters on a conspiracy charge against ICE and the DHS’ intent to build a border wall through a holy landmark atop Mount Cristo Rey in New Mexico.

Further reading:

Here is the New York Times piece, Mary referred to about the Las Cruces case: A Diocese Tries to Protect Its 29-Foot Jesus From Trump’s Border Wall

Here is the Just Security tracker that Mary and Andrew mentioned: Immigration Habeas Tracker: Government Obstruction, Judicial Trust, and Accountability

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After a week of decisions coming in from all corners, Mary and Andrew begin with a court order issued to remove President Trump’s name off the Kennedy Center after a failed, last-minute attempt by the administration to stop it from happening. Mary refers to this as “good news in the fight against revisionist history,” which she ties into their second beat: a preliminary injunction issued to restore changes to National Parks that were made after Trump issued an executive order calling for modifications to monuments, parks and memorials to rewrite and censor American history and science. Then, onto a federal judge in Virginia officially blocking the $1.776 Billion slush fund after mixed messaging from the administration about whether it would be set up, plus a decision by Judge Mehta in DC to overturn the Department of Energy’s cancellation of $82.1 Million in clean energy grants to “Blue” states across the country. Mary and Andrew also touch on a Massachusetts District Court decision blocking Ken Paxton’s lawsuit against the Democratic fundraising platform ActBlue. And last up, they read and summarize the eyebrow-raising grand jury transcripts of the “Broadview Six” case out of Chicago, so you don’t have to. 

Further reading:

Here is Judge Mehta’s order reinstating the clean energy grants: https://storage.courtlistener.com/recap/gov.uscourts.mad.296214/gov.uscourts.mad.296214.41.0.pdf

 

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