Deadline: White House — "The power of checks and balances"

Host: Nicolle Wallace (Feb 12, 2026)

Episode Overview

In this episode, Nicolle Wallace explores the vital role of checks and balances in American democracy amid escalating attempts by the Trump administration to use federal power for political retribution. With a sharp focus on the failures of politicized prosecutions, judicial pushback, whistleblower controversies, and citizen-led resistance, Nicolle is joined by investigative journalist Carol Lennig, political analyst Tim Miller, law professor James Samplesier, reporter Jacob Soboroff, and Professor Scott Galloway. The panel examines both the institutional and grassroots responses to autocratic overreach, detailing how ordinary Americans, lawmakers, and the judiciary are pushing back against executive excesses.

Key Discussion Points & Insights

1. Grand Jury Defeats Politicized Prosecutions

[00:44–03:51]

• Context: Six Democratic lawmakers faced potential indictment after releasing a video urging military to refuse illegal orders—an act framed as criminal by the Trump DOJ, led by appointee Jeanine Pirro.
• Grand Jury Rejection: The grand jury unanimously refused to issue indictments—a rare and public embarrassment for the DOJ, highlighting a breakdown in prosecutorial standards and a reaffirmation of basic democratic guardrails.
• Judge Rebukes Retaliation: A federal judge scathingly rejected Defense Secretary Pete Hegseth’s attempts to punish Sen. Mark Kelly, clarifying limits on military discipline and the importance of First Amendment protections for retired service members now in Congress.

Notable Quote:

“They just can’t be doing this with impunity... There is going to be accountability. I am not going to be sitting back in a foxhole where they lob grenades at me.”
— Rep. Jason Crow ([03:18])

2. Analysis of DOJ Failures & Political Pressure

[04:50–11:39]

• Reporting from Carol Lennig:
  • These “no true bill” rejections signal a Justice Department increasingly staffed by political loyalists lacking prosecutorial integrity or experience.
  • Basic prosecutorial standards were not met; grand jurors, as laypeople, saw a clear lack of evidence—an “embarrassment” for the DOJ and an ethical violation.
• James Samplesier explains:
  • The Supreme Court (Wood v. Georgia) established grand juries as a defense against “hasty, malicious, and oppressive” prosecutions—exactly the abuses surfacing now.
  • When grand juries rebuff prosecutors so consistently, it’s a failure of pre-screening and signals prosecutorial misconduct driven by political, not legal, motives.

Notable Quote:

“If regular people walking off the street... say, that’s nothing, that's a huge problem. It's... a violation of the justice manual. It's a violation of the ethical duties of the prosecutors.”
— Carol Lennig ([08:10])

“The lawyers... are doing the work of political appointees for political purposes... not at all about the law, not at all about democracy, not at all about our system of government.”
— Prof. James Samplesier ([11:12])

3. How to Repair the Justice System

[11:39–16:48]

• Systemic Damage:
  • The Trump administration has replaced career DOJ professionals with “hacks,” undermining expertise and experience.
  • Turnover is rampant; prosecutors unwilling to do political bidding are quitting en masse (e.g., 75% of Minneapolis U.S. Attorney’s office).
• Political Implications:
  • The Democratic Party faces an internal dilemma: keep focusing on experience, or prioritize those “ready to fight” autocratic overreach.
  • Bipartisan resistance is forming not on ideological lines, but between “fighters” and “everyone else.”

Notable Quote:

“Now this administration has replaced a lot of real expertise with a bunch of hacks... That's going to have to be a house cleaning if we ever get through this.”
— Tim Miller ([13:00])

4. Whistleblower Complaint: Tulsi Gabbard and Jared Kushner

[19:05–25:22]

• Latest Reporting by Julian Barnes:
  • A high-level whistleblower complaint alleges DNI Tulsi Gabbard blocked access to an intelligence report mentioning Jared Kushner during Iran negotiations.
  • Critics argue Gabbard’s restrictions made the report a controversy; had it circulated normally, it likely would have faded into bureaucratic obscurity.
  • Inspector General ultimately found Gabbard acted within her powers, but the episode underscores the administration’s aversion to transparency and proper process, especially regarding Trump and top allies.

Notable Quote:

“The administration has consistently... shown contempt for process... Protocol and trust in individuals’ integrity is being eroded.”
— Prof. James Samplesier ([24:23])

5. Citizen & Economic Resistance: Scott Galloway on Modern Protest

[28:27–35:50]

• Protesting via Pocketbook:
  • Scott Galloway advocates for economic boycotts as the most potent weapon in a capitalist society—specifically targeting tech companies enabling the Trump agenda.
  • The “most radical act... is non-participation”: unsubscribing from platforms can materially damage their market value and send a message.
  • Historical analogies (e.g., Montgomery bus boycott; late Weimar Republic) illustrate both the stakes and strategies for today’s resistance.
• Corporate Cowardice:
  • Executives excuse their silence by citing fiduciary duties, waiting for the administration to blow over; Galloway urges them to consider their legacy and seize the historic moment to champion American values.

Notable Quotes:

“The most radical act in a capitalist society is non participation.”
— Scott Galloway ([28:27])

“You have some fidelity or you should have some loyalty to fair markets, to civil rights, to American values that have made you a billionaire...”
— Scott Galloway ([32:16])

6. Judicial Pushback on Immigration: The Barranco Case

[35:50–42:54]

• Judicial Restraint Against Mass Deportations:
  • Immigration judge dismisses deportation case against Narciso Barranco (father of three U.S. Marines), contradicting the administration’s characterization of him as “the worst of the worst.”
  • Despite judicial relief, Barranco remains nervous, reflecting deep mistrust of government assurances. Advocacy continues as families like Barranco’s highlight the human cost of “law and order” rhetoric.
• Host & Reporting Perspective:
  • Nicolle and Jacob Soboroff emphasize the American values embodied by families like the Barrancos, directly challenging the administration’s narrative and deportation priorities.

Notable Quotes:

“If there’s ever been a candidate for your podcast the Best People, it is Narciso Barranco... a man who is so unbelievably proud of his three boys, one of whom is still currently an active duty Marine...”
— Jacob Soboroff ([41:09])

“This is actually the best of the best.”
— Nicolle Wallace ([40:51])

7. Empowering Ordinary Americans

[42:55–end]

• Rosie Perez appears in a short segment, emphasizing civic agency and the personal cost of protest, but highlighting voting as the most accessible act of resistance.

Notable Quote:

“You may not have to go out and protest, but you can go out and vote.”
— Rosie Perez ([42:54])

Notable Segment Timestamps

• Grand jury/DOJ checks on Trump: [00:44–06:25]
• Expert analysis on failed prosecutions: [06:25–11:39]
• Repairing DOJ/systemic problems: [11:39–16:48]
• Whistleblower/Kushner–Tulsi Gabbard controversy: [19:05–25:22]
• Scott Galloway on economic resistance: [28:27–35:50]
• Immigration/judicial resistance – Barranco case: [35:50–42:54]

Memorable Quotes (w/speaker & timestamp)

• “There is going to be accountability. I am not going to be sitting back in a foxhole where they lob grenades at me.” — Rep. Jason Crow ([03:18])

• “If regular people walking off the street...say, that's nothing, that’s a huge problem... a violation of the justice manual. It's a violation of the ethical duties of the prosecutors.” — Carol Lennig ([08:10])

• “The lawyers... are doing the work of political appointees for political purposes... not at all about the law, not at all about democracy, not at all about our system of government.” — Prof. James Samplesier ([11:12])

• “The most radical act in a capitalist society is non participation.” — Scott Galloway ([28:27])

• “This is actually the best of the best.” — Nicolle Wallace ([40:51])

• “You may not have to go out and protest, but you can go out and vote.” — Rosie Perez ([42:54])

In Summary

This episode spotlights both the peril and resilience of American democracy. As the Trump administration intensifies efforts to use federal power for political ends, the grand jury system, federal judiciary, lawmakers, and everyday Americans continue to push back. Whether through legal decisions, whistleblower complaints, or economic boycotts, these forces collectively demonstrate that checks and balances remain alive—though fiercely contested—in American public life.