Main Justice – "Horsefeathers!"

Date: February 17, 2026
Hosts: Andrew Weissmann & Mary McCord
Episode Summary by [Your Name]

Overview

In this episode, “Horsefeathers!”, Andrew Weissmann and Mary McCord confront the escalating politicization and weaponization of the Department of Justice (DOJ) under the renewed Trump administration. Drawing on their legal expertise, they analyze three disturbing recent events:

1. The DOJ’s failed attempt to indict six members of Congress for speech-protected activity
2. The problematic Fulton County search warrant affidavit and what it signals for future elections
3. Landmark due process decisions issued by federal judges, underscoring rule-of-law resilience even in a fraught legal environment

Throughout, the hosts urgently warn against normalization of authoritarian tactics and celebrate rare moments where the justice system pushes back.

Section 1: DOJ Attempts to Indict Six Members of Congress

[01:46 – 24:07]

Key Points & Insights

• Main Story: The DOJ tried (and failed) to indict six members of Congress (two senators, four representatives) for releasing a video reminding military personnel they have the right to refuse illegal orders.
  • The grand jury refused to indict—a rare rebuke even at the low “probable cause” threshold.
  • The DOJ’s prosecution theory likened these lawmakers to seditious actors like the Oath Keepers, which both hosts found jaw-dropping.
• Andrew emphasizes: “If you don’t think we’re in authoritarianism right now ... it kind of takes your breath away.” [03:16]
• Mary contextualizes: The members were all military or intelligence veterans speaking accurately about legal obligations—not calling for insubordination or naming any specific orders. Their remarks were accurate statements of the law and protected under the First Amendment [07:31 – 08:59].
• Both hosts highlight: The first segment is intended to “not let this normalize ... every week it seems [we’re] getting to a new low, if that’s possible.” [03:40]
• Broken DOJ process: The case was presented not by typical career prosecutors, but politically appointed lawyers (“no career people ... it had to be politicals”) [10:39].
• The Grand Jury’s Role: Grand juries get only the government’s side; the fact that none voted to indict shows “the jury actually followed the law and the facts” [14:52].
• Reminders of elected duty: Members of Congress are expected—indeed constitutionally obligated—to speak out on policy matters; prosecuting them for this is unthinkable.

Notable Quotes

• Andrew Weissmann [02:36]: “Did you ever in your lifetime, ever think that you would have a sentence like that? ... the Department of Justice would seek to charge them with the same crimes as ... the Oath Keepers and the Proud Boys?”
• Mary McCord [08:55]: “It does not sound like a crime to me ... It is an accurate statement of the law.”
• Andrew Weissmann [12:19]: “To me, this is all a continuation of weaponization, but not as a metaphor. It is actual weaponization with real weapons.”

Timestamps for Key Segments

• 01:46: Episode "Horse Feathers" revealed—polite euphemism for “BS”
• 03:16: Refusing to normalize DOJ seeking to indict Congress for free speech
• 07:31: Details on the members' video and its completely lawful content
• 10:39: DOJ: political appointees overstepping; precedent of weaponization
• 14:52: Grand jury process, significance of this unanimous refusal

Section 2: Judge Leon’s "Horse Feathers" Opinion & Retaliation Against Senator Kelly

[16:36 – 24:07]

Key Points & Insights

• Case summary: After failing to indict, DOJ tried demoting Senator Mark Kelly—Navy veteran and sitting Senator—by reducing his retired pay grade, in clear retaliation for his speech.
  • Judge Richard Leon grants a preliminary injunction against this move.
• Leon’s rebuke: The court held claims “present a justiciable controversy” and rejected the “not reviewable” defense: “In our constitutional republic, it is emphatically the province and duty of the judicial department to say what the law is, not the military.” (Marbury v. Madison) [17:24]
• First Amendment rights: The government’s retaliation was intended to chill speech broadly—a “win-win” for authoritarians even if the target resists [20:04].
• Retired status: Restrictions on speech for active military cannot (legally) be imposed on retirees like Kelly. The government cited a single, irrelevant case from 1896 to justify otherwise—“that tells you how weak this is” [21:52].
• Outlook: Judge Leon’s decision is strong, but DOJ may try other grand juries or appeal, thereby perpetuating the chilling effect.

Notable Quotes

• Mary McCord [17:43]: “He said, Senator Kelly’s First Amendment claim presents a justiciable controversy. Exclamation point!”
• Andrew Weissmann [16:36]: “This is a record of service to our nation that is admirable ... this is what he is going through for continuing that service as a United States senator and speaking out, as is his right.”
• Andrew Weissmann [20:04]: “It’s the fear of this happening … nobody should have to deal with that.”

Timestamps

• 16:36: Judge Leon’s summary of Sen. Kelly’s decorated service
• 17:24: Judge Leon’s Marbury v. Madison citation—“province ... to say what the law is”
• 20:04: Chilling effects of targeting prominent dissenters

Section 3: The Fulton County Affidavit & the Erosion of Due Process

[25:41 – 42:11]

Key Points & Insights

• Controversy: DOJ secured a search warrant for six boxes of Fulton County ballots, based on an affidavit that both hosts call legally deficient.
  • Issues included alleged ballot duplication, missing images—already reviewed and debunked in prior investigations, many by Republicans.
• Absence of Probable Cause: Purported “if intentional” violations lack any evidence of intent; probable cause for crime is missing [27:21 – 27:33].
• Omitted ‘Brady’ Material: No discussion of witness credibility or bias, lack of exculpatory context—failure to meet the legal duty to present contrary/mitigating information to the judge [28:44 – 32:11].
  • Only minimal nods to counter-evidence are present; several key witnesses are known election-deniers.
• Hosts’ Outrage: Both are incredulous a magistrate judge signed off; compare this to the (rightful) outcry over the Carter Page FISA affidavit [37:30].
• Implications: With ballots now in DOJ custody, fears arise about misuse and its precedent for the looming nationalization of elections.

Notable Quotes

• Mary McCord [26:54]: “Horse feathers to try to use this ... there’s no probable cause of a crime.”
• Andrew Weissmann [28:44]: “Where in God’s green earth was the Brady material? ... it is your requirement as an officer of the court, as an agent presenting something to the court, you have to present ... information about their bias, their motive, their opportunity ... credible or not ... all of the contrary information.”
• Mary McCord [32:11]: “A number of them are governmental witnesses ... who have been part of that sort of pushing election denial fraud in the election claims ever since 2020. That is material to their credibility.”

Timestamps

• 25:41: The Fulton County affidavit segment begins
• 27:21: Explanation of the affidavit’s lack of intent evidence (elemental to probable cause)
• 28:44: Andrew expounds on “Brady” obligations
• 37:30: Comparison to Carter Page FISA warrant and hypocrisy of current DOJ
• 41:46: Need for judicial oversight of seized ballots—“every day matters”

Section 4: Judicial Pushback—Due Process Decisions by Judge Boasberg & Judge Kelly

[45:04 – 61:39]

Key Points & Insights

• Judge Boasberg’s order: Responds to government’s illegal extraction of foreign nationals under the Alien Enemies Act—explicitly requiring DOJ to facilitate their return for due process, at government expense.
  • Judge sharply rebukes DOJ’s “pound sand” attitude: “The government basically told [the court] to pound sand.” [47:53]
  • Recognizes pattern of government disrespect for rule of law, particularly as victims lack political power (“not white American citizens”) [45:46].
  • Criticizes DOJ’s refusal to propose any remedy or support habeas petitions.
• Judge Kelly’s injunction: Bars the Bureau of Prisons from sending commuted death row inmates to supermax based on a preordained, non-individualized decision ordered by Trump and Bondi.
  • Identifies sham process: “The process provided to plaintiffs was an empty exercise to approve an outcome that was decided before it even began, thereby contravening their due process rights.” [58:46]
  • Highlights that due process must apply even to those convicted of heinous crimes; every citizen (and noncitizen) deserves meaningful legal review.
• **Both judges (Trump appointee Kelly, Obama appointee Boasberg) exemplify judicial courage.

Notable Quotes

• Judge Boasberg (read by Mary, paraphrased) [47:53]: “The government basically told [the court] to pound sand.”
• Andrew Weissmann [54:23]: “These are people who have been convicted of some of the worst crimes ever … and you know what? They’re still entitled to due process. That is what it means.”
• Judge Kelly (read by Andrew) [58:46]: “The process provided to plaintiffs was an empty exercise to approve an outcome that was decided before it even began, thereby contravening their due process rights.”
• Mary McCord [61:06]: “And again, we have given kudos to judges, particularly in the district courts around the country, for a year now. ... by and large, the judicial branch ... is doing their absolute best to try to make sure that the rule of law is adhered to.”

Timestamps

• 45:46: Race and powerlessness as context for DOJ abuses (Boasberg section)
• 47:53: “Pound sand” quote and Boasberg’s indignation
• 54:23: Judge Kelly’s summary of due process, regardless of offense
• 58:46: “Empty exercise” quote—condemning sham process
• 61:06: Celebration of active judiciary—"the rule of law is adhered to"

Episode Highlights & Memorable Moments

• Repeated “horse feathers” refrain: A polite but biting rebuke for bad-faith legal arguments and sheer government overreach.
• Comparisons to historical abuses: From the Oath Keepers to the Carter Page investigation—a throughline of selective outrage and dangerous double standards.
• Real-time anxiety: Both hosts’ palpable urgency and exasperation as they document “no bottom” in political prosecutions and attacks on due process.

Tone & Language

• Tone: Somber, urgent, at times darkly humorous (“horse feathers”); fiercely non-normalizing.
• Language: Mix of plainspoken legalese (“probable cause,” “Brady material,” “mens rea”) with accessible analogies.
• Attribution: Hosts freely switch between legal analysis and layperson explanation, prioritizing clarity and alarm.

Final Takeaways

• The DOJ’s actions against members of Congress, the search and seizure in Fulton County, and the treatment of prisoners/immigrants are symptoms of accelerating legal threats to constitutional democracy.
• Courts—especially district judges operating with integrity—are at times the last bastion of the rule of law.
• The only way to prevent normalization of these abuses is vigilance, transparency, and commitment to core constitutional principles, something “Main Justice” endeavors to model.

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