Letters from an American – December 26, 2025

Host: Heather Cox Richardson
Episode Date: December 27, 2025

Episode Overview

In this episode, Heather Cox Richardson unpacks a pivotal week in American politics, connecting current events to their historical and legal roots. She covers the Supreme Court’s major preliminary ruling limiting President Trump’s authority to deploy federalized National Guard troops in Chicago, the intensifying scrutiny of the DOJ’s delayed release of Jeffrey Epstein files, and the rapidly evolving political fallout from new evidence contradicting Trump’s denials about his relationship with Epstein. Throughout, Richardson highlights the unraveling cohesion within the Trump administration and the growing resistance both legally and politically.

Key Discussion Points & Insights

1. Supreme Court Decision: Trump’s Use of National Guard (00:00–04:00)

• Background: On December 23, SCOTUS made a preliminary finding against President Trump’s federalization of the National Guard in Chicago.
  • Ruling: 6 of 9 justices held the law invoked by Trump requires first using regular military; only if those forces are insufficient can the Guard be federalized.
  • Critical Law: The 1878 Posse Comitatus Act, which restricts military involvement in domestic law enforcement barring Congressional or constitutional exception.
  • Conclusion: Trump did not cite statutory authority justifying the Guard's deployment; thus, it was likely unlawful.
• Justice Kavanaugh’s Notable Concurrence: (see quote below)

“The Fourth Amendment requires that immigration stops must be based on reasonable suspicion of illegal presence, stops must be brief, arrests must be based on probable cause, and officers must not employ excessive force. Moreover, the officers must not make interior immigration stops or arrests based on race or ethnicity.”
– Justice Brett Kavanaugh (04:00)

2. Immigration Enforcement & "Kavanaugh Stops" (03:00–06:00)

• Recent Precedent: Supreme Court had previously allowed broad racial profiling by immigration officers (“Kavanaugh stops”).
  • Ongoing Abuses: US citizens, such as Dolce Consuelo Diaz Morales, detained despite proof of citizenship.
  • Kavanaugh’s Footnote in the Current Ruling: Emphasizes constitutional limits: stops require reasonable suspicion and cannot be race-based.

3. Delayed Epstein Files & DOJ Controversy (06:00–09:00)

• DOJ Announcement: More than a million new documents related to the Epstein case found; release delayed for review.
• Political Blowback:
  • Senate Minority Leader Chuck Schumer:

    “A Christmas Eve news dump of a million more files only proves… Trump is engaged in a massive cover up… Justice delayed is justice denied. Release the files. Follow the law.” (07:00)

• Legislative Requirements: DOJ has not met obligations under the Epstein Files Transparency Act. Released documents directly contradict Trump’s claims about his connection to Epstein.

4. New Evidence Contradicts Trump (08:00–10:30)

• Atlantic Report by Sarah Fitzpatrick: Records from the newly released files show Trump traveled on Epstein’s private jet at least eight times between 1993–1996, often accompanied by Ghislaine Maxwell and other potential witnesses.
  • One 1993 flight: Only Epstein and Trump are listed.
  • Another: Epstein, Trump, and a then-20-year-old (name redacted).
• Charging Decisions: Internal emails suggest prosecutors had sufficient material to charge Epstein co-conspirators, but did not proceed; relevant documents heavily redacted.

5. Senate and House Response; DOJ and Oversight (10:30–11:30)

• Senate Questions: Senators led by Ron Wyden called out DOJ for not questioning Epstein’s attorney or accountant, both key facilitators in Epstein’s network.
• House Oversight Actions:
  • Drafting subpoenas for more information on Epstein’s co-conspirators.
  • Preparing a contempt resolution and articles of impeachment against Attorney General Pam Bondi for failing to enforce transparency.

6. White House and Social Media Maneuvering (11:30–12:00)

• White House Intervention:
  • The DOJ’s official “X” (Twitter) account now under White House control, used to discredit new allegations.
• Trump’s Social Media Rants:
  • On Christmas, Trump lashes out:

    "Merry Christmas to all, including the many sleazebags who loved Jeffrey Epstein... only to drop him like a dog when things got too hot… didn’t know him, said he was a disgusting person, and then blame of course President Donald J. Trump, who was actually the only one who did drop Epstein and long before it became fashionable to do so." (12:00)

7. Political Fallout and Commentary (12:00–13:00)

• Analyses:
  • Bill Kristol (The Bulwark): Trump is “basically acknowledging that so far at least, he's losing the fight over Epstein.”
  • Midas Touch: Labels the behavior “consciousness of guilt.”
  • Adam Kinzinger (former GOP Rep.): “Smells like victory.” (12:30)
• Rebecca Solnit, Timothy Snyder:
  • The slow release of files erodes loyalty to Trump and the Republican party is “falling apart before our eyes.”
  • Snyder: “There must be something else, something verging on the unimaginable.”

Notable Quotes

• Chuck Schumer (07:00):

  "The question Americans deserve answered is what are they hiding and why… Justice delayed is justice denied."

• Justice Kavanaugh (04:00):

  “Officers must not make interior immigration stops or arrests based on race or ethnicity.”

• Trump’s Christmas Post (12:00):

  "When their names get brought out in the ongoing radical left witch hunt… there will be a lot of explaining to do… Enjoy what may be your last Merry Christmas, President Donald J. Trump"

• Bill Kristol (12:30):

  “Basically acknowledging that so far at least, he's losing the fight over Epstein.”

• Midas Touch (12:45):

  “This is what's known as consciousness of guilt.”

Timestamps of Key Segments

• 00:00–04:00: Supreme Court ruling on National Guard, Kavanaugh’s concurrence.
• 04:00–06:00: "Kavanaugh stops", ICE detention of US citizen.
• 06:00–09:00: Delays in Epstein files, DOJ controversy, Schumer’s response.
• 09:00–10:30: Evidence contradicting Trump’s denials, new revelations.
• 10:30–12:00: Senate/House investigations, DOJ/AG Bondi response.
• 12:00–13:00: Trump’s escalating rhetoric, commentator reactions, broader implications.

Tone and Narrative Flow

Richardson’s tone remains fact-driven, analytical, and deeply anchored in legal and historical context. She draws sharp connections between institutional checks on executive power, transparency in government, and the interaction of law, politics, and public accountability. Throughout, she highlights cracks in the Trump administration’s narrative, the growing political risks for Trump and his allies, and the legal and legislative pushback gaining strength as more information comes to light.

Summary prepared for those seeking a detailed yet accessible overview of the episode and its most impactful moments.