Main Justice

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

You can also find us on YouTube at ms.now/mainjustice.

Further reading:

Here is Mary’s MS NOW write up on Michael Flynn: Trump’s settlement to Michael Flynn could set a dangerous precedent. 

Here is the Anthropic decision:  Anthropic PBC v. U.S. Department of War

HERE is the ICE memorandum the government relied on to allow immigration arrests near courthouses.

And HERE is the letter from the SDNY to Judge Kevin Castel noting their error.

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

And, a big thank you to listeners as Main Justice celebrates it’s 3-year anniversary. Starting today, you can also find us on YouTube at ms.now/mainjustice.

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

Further reading: 

Here is the complaint Anthropic filed against the government: Complaint For Declaratory And Injunctive Relief

Here once again is the Federal Register if you’d like to enter public comment: Review of State Bar Complaints and Allegations Against Department of Justice Attorneys

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

Further reading:

Here is Mary’s recent piece on MS Now detailing the DOJ’s shift on appealing several law firm decisions: What’s exposed by the Justice Department’s reversal on Trump’s campaign against law firms. Every lawyer knows that the federal court rulings were correct and that the president's executive orders are legally indefensible.

Here is the Federal Resister: Review of State Bar Complaints and Allegations Against Department of Justice Attorneys

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

Further reading:

Here is the piece Tess Bridgeman co-wrote on "Just Security": Top Questions the Trump Administration Needs to Answer on War with Iran

Here is the opinion Andrew and Mary were referring to out of the Southern District of West Virginia

You can pre-order Andrew’s book, out May 19th, here: Liar’s Kingdom: How to Stop Trump’s Deceit and Save America

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