Main Justice

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

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

“MS NOW Presents: Clock It” is an invitation to the liveliest and most informed groupchat in your feed. Symone Sanders Townsend and Eugene Daniels are long-time political powerhouses. And they understand more than most how culture influences politics, and the role politics plays in culture. On “Clock It,” they’re helping you put your finger on the pulse of the hottest political gossip and their off-air conversations too colorful for TV.In the first episode of their new show, “Clock It,” they’re joined by actors Tony Goldwyn and Myles Frost for a conversation about making thought-provoking art when political tensions are at their highest. And they dig in on the Super Bowl halftime show, why cuts to The Washington Post matter for democracy, and the race to the Senate in Texas.Stay here to get a sneak peek. Then search and follow the show to get new episodes every Thursday. 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 and Mary are often inundated with news out of the Justice Department, but one item that really caught their attention this week was the DOJ’s appeal to the Supreme Court to toss out Steve Bannon’s contempt conviction. They begin here, highlighting Deputy Attorney General Todd Blanche’s wry comments on social media about the case. Next, they turn to a reality hitting prosecutors hard, especially in states ICE is targeting—that the push for mass detentions did not include any plan for the infrastructure needed to support the caseload in the courts or in U.S. Attorneys’ offices. And it's pushing prosecutors to the brink. Mary and Andrew talk about one of them, Julie Le, who was fired after expressing her exasperation in Minnesota. Next, they explain why Congress was given access to the (mostly) un-redacted Epstein files and Ghislaine Maxwell’s choice to plead the 5th in a congressional deposition. And last up, a beat on the Georgia ballot seizures, as Fulton County sues and a judge orders DOJ records to be unsealed in the case.Further Reading:Here is a new piece from Andrew: How Congress Can Give Epstein Survivors the Investigation They Deserve, Starting with Compelling Maxwell to Testify 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.

Symone Sanders Townsend and Eugene Daniels were once at odds as White House staffer and White House reporter. Now they’re friends and colleagues—each co-hosting their own shows at MS NOW. But their off-air conversations are where the real action is. Their new show, “MS NOW Presents: Clock It” is an invitation to their groupchat, the liveliest—and most informative—in news. Whether it’s ICE getting dispatched to the Super Bowl because Bad Bunny’s doing the halftime show, or Nicolás Maduro’s Nike Tech fit, or Michael B. Jordan’s sole Oscar nomination despite playing three roles in Sinners, there is no collision between culture and politics that this show won’t document and decipher. Symone and Eugene see exactly what’s going on—and they want you to clock it, too. New episodes drop every Thursday, starting February 12th. Search for “MS NOW Presents: Clock It” and hit “follow” so you don’t miss an episode. 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 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.

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.

Listen to this special invitation from Rachel Maddow and sign up for MS NOW Premium on Apple Podcasts to take advantage of a 3-month free trial!With MS NOW Premium, you can get our entire suite of podcasts – everything from “The Last Word with Lawrence O’Donnell” to “The Best People with Nicolle Wallace” – all ad-free. As a subscriber, you also get early access to select shows, plus exclusive bonus content – like a new episode of “Rachel Maddow Presents: Burn Order,” out Friday. Sign up right here, then search “Burn Order” to listen to that Premium episode.There’s a lot in store for 2026. So to celebrate the new year, we’re giving away 3 months free if you sign up by the end of January! It’s just $2.99/month or $29.99/year after that. Thanks for listening! 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.

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.

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.

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.

The highly anticipated release of the Epstein files dropped last Friday with a muted thump, as redactions were abundant and files were held back. Mary and Andrew begin there, with the Justice Department’s failure to comply with the “Epstein Files Transparency Act”, a congressional law compelling the release of "all unclassified records" with a few exceptions. They break down what the law requires, why the DOJ’s redactions raise some concerns, and what new revelations surfaced around Jeffrey Epstein’s 2008 plea deal. Turning to several federal cases on their radar, the co-hosts unpack the news that prosecutors had tried but failed to add a third felony charge against Letitia James and the split jury verdict of Wisconsin state court Judge Hannah Dugan. And before wrapping up, Mary and Andrew examine a unanimous DC Circuit decision allowing the National Guard deployment in the city to proceed, emphasizing D.C.’s unique non-state status.Further reading: Read DC Circuit Panel Decision on National Guard deployment HEREAnd a note to our listeners: As Mary and Andrew mentioned, they plan to record a new episode next Tuesday if the news warrants it. Otherwise, they’ll take some time to enjoy the holiday season and will be back with a new episode on January 6th. 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.

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.

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.

Rachel Maddow’s new series lays bare one of the most shocking decisions in American history. It’s story that reveals how an executive order authorizing the mass roundup of innocent Japanese Americans came to be, the powerful players who engineered it, and the burn order that tried to erase it from history.Stay right here to listen to a special preview of “Rachel Maddow Presents: Burn Order.” And for the full episode, search for “Burn Order” and follow the show. 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.