Main Justice – "It’s Been a Year..."

Podcast: Main Justice
Hosts: Andrew Weissmann & Mary McCord
Date: January 20, 2026

Episode Overview

This special episode marks the one-year anniversary of the second Trump administration and reflects on a tumultuous twelve months for the Department of Justice (DOJ), the legal system, and U.S. democracy. Andrew and Mary analyze the ongoing radical policy shifts, the efforts to undermine the rule of law both domestically and internationally, and recent high-profile cases and DOJ decisions. They also provide detailed coverage of judicial responses, challenges to mass deportation and protest crackdowns, and the alarming rise in retaliatory actions against political opponents and journalists.

Key Discussion Points & Insights

1. A Year of Radical Transformation (00:46–07:01)

• Unprecedented Actions: Trump’s second administration began with a flurry of executive orders—including attempts to rewrite the 14th Amendment and large-scale pardons for individuals convicted of crimes related to law enforcement assaults.
• International Undermining of Law: Trump administration officials have allegedly attempted to intimidate foreign judges, notably in France and Brazil, to influence outcomes of criminal trials of far-right political figures.
  • "Members of the Trump administration came to essentially try and strong arm [the French judge] to sort of throw the trial." — Andrew Weissmann (02:00)
• Aggression Towards Greenland: Renewed U.S. claims on Greenland have sparked major diplomatic rifts, including unconventional threats and linkage to Trump’s personal grievances, i.e., not winning the Nobel Peace Prize (03:39–05:51).
  • "It's all for one and one for all...the whole idea Post World War II of the NATO alliance is to make the world safer." — Andrew Weissmann (04:42)

2. Revisiting Mass Deportation & Enforcement Tactics (07:01–12:38)

• Systemic Targeting: The administration has implemented mass deportation plans, with operations often focusing on Democratic cities and resulting in the detention (and sometimes arrest) of U.S. citizens and lawful residents, frequently driven by racial profiling.
• Escalatory Moves: Deployment of the National Guard and threats to invoke the Insurrection Act have become more common, particularly in areas with large protests against immigration enforcement.
  • "These mass surges of ICE and CBP into American cities, primarily democratic run cities, just targeting people, including U.S. citizens and lawful residents, just because of the color of their skin or the accents they may have." — Mary McCord (07:36)
• Judicial Pushback: District courts—in particular in Minnesota—are issuing strong rulings against ICE practices viewed as unconstitutional, upholding protesters’ First and Fourth Amendment rights.

3. Case Study: Minnesota Protest Crackdowns (08:48–20:52)

• Judicial Protection of Protesters (08:48–16:17)
  • Protesters documenting ICE actions faced arrests and physical brutality, sparking a landmark preliminary injunction.
  • The court underscored citizens' right to record public officials and found that mere observation or following of ICE does not justify police stops or arrests.
    • "It is protected by the First Amendment to observe and record a public official doing their job in public." — Mary McCord (10:30)
  • Notable Quotes:
    • "Just following ICE without breaking laws...is not a violation of criminal law." — Mary McCord (11:51)
    • "Whether it’s a full blown arrest or just even stopped by the police, you can’t do it." — Andrew Weissmann (13:17)
• DOJ’s Retaliatory Responses (16:17–19:45)
  • DOJ pursued "vindictive" investigations into protesters and even victims or their families, following high-profile incidents like the shooting of Renee Goode. This triggered resignations by several Civil Rights Division attorneys.
    • "Accusing them of being domestic terrorists and they're launching an investigation into them..." — Mary McCord (17:40)
  • Resignations among Assistant U.S. Attorneys followed DOJ's unwillingness to investigate civil rights abuses by ICE.

4. Escalation: Political Investigations and the Threat of the Insurrection Act (22:08–29:10)

• Politicization of DOJ Investigations

  • Multiple prominent political figures—governors and mayors—have become targets of federal investigations, which the hosts argue are largely designed to intimidate and chill dissent rather than address actual crimes.
    • "Nothing is going to come of a criminal investigation of Jerome Powell. Nothing is going to come..." — Andrew Weissmann (24:23)
  • These investigations are especially prevalent in "blue" states and operate as de facto screen for political retaliation.

• Threat of Military Force in Civil Affairs

  • Administration’s failed attempt to federalize the National Guard set the stage for potential use of the Insurrection Act—a rarely invoked exception for deploying the military domestically against protesters or unrest.
    • "[The Insurrection Act] is rarely used, has not been used since the riots after Rodney King... only been used 30 times in history." — Mary McCord (26:00)
  • The targeting of blue states for these crackdowns is repeatedly highlighted as a direct attack on political rivals.

5. Academic Freedom & Targeting of Foreign Students (30:14–41:47)

• Case Update: Judge Young in Massachusetts (30:14–35:38)

  • The government orchestrated the revocation of visas for non-citizen student activists, targeting lawful protesters (especially pro-Palestinian voices).
  • Judge Young, a Reagan appointee, issued a 160-page opinion finding clear First Amendment violations in the administration’s actions.
    • "Secretary of Homeland Security Kristi Noem and Secretary of State Marco Rubio...deliberately and with purposeful forethought...intentionally to chill the rights to freedom of speech and peacefully to assemble..." — Mary McCord (32:00 quoting Judge Young)
  • DOJ’s response argued for judicial impotence—no possible remedy—an approach that stuns the hosts.
    • "You're telling me there is no remedy." — Judge Young, as reported by Mary McCord (36:19)

• Procedural Barriers for Immigrant Remedies (38:04–41:47)

  • Despite egregious constitutional harms, courts are increasingly limited to what relief they can provide to non-citizens, forcing them to rely on executive branch “immigration court” proceedings.
  • This structure delays and limits timely intervention in cases of rights violations, compounding harm to affected individuals.

6. Freedom of the Press: DOJ Searches Reporter’s Home (41:47–51:40)

• Warranted Raid on Journalist (42:32–48:13)
  • In a concerning escalation, the DOJ conducted a pre-dawn search of a journalist’s home, seizing electronic devices under the pretext of finding evidence not tied to her but to someone else.
  • The search is tied to earlier reporting on government malpractice and agency decimation—much of which was not related to classified information.
  • "The government's going to get the names of all and the contact information of all of these people who have provided her information. And that worries me significantly." — Mary McCord (47:59)
• Breach of DOJ Protocols (48:13–50:34)
  • The hosts note that since the Obama and Biden (Merrick Garland) administrations, strict policies require all other avenues be exhausted before seizing a reporter's records, to prevent chilling journalistic sources and violating First Amendment protections.
  • There’s no evidence these steps were followed.
    • "It's really unclear. It seems the reporting is that Pam Bondi's Department of Justice is not even living by Pam Bondi's own regulations." — Andrew Weissmann (51:00)
  • The effect is to frighten sources and suppress crucial reporting.

Notable Quotes & Memorable Moments

| Timestamp | Speaker | Quote | |-----------|---------|-------| | 02:00 | Andrew Weissmann | "Members of the Trump administration came to essentially try and strong arm [the French judge] to sort of throw the trial." | | 04:42 | Andrew Weissmann | "It's all for one and one for all. I mean, that whole idea Post World War II of the NATO alliance is to make the world safer." | | 07:36 | Mary McCord | "These mass surges of ICE and CBP into American cities, primarily democratic run cities, just targeting people, including U.S. citizens and lawful residents, just because of the color of their skin or the accents they may have." | | 10:30 | Mary McCord | "It is protected by the First Amendment to observe and record a public official doing their job in public." | | 13:17 | Andrew Weissmann | "Whether it’s a full blown arrest or just even stopped by the police, you can’t do it." | | 17:40 | Mary McCord | "Accusing them of being domestic terrorists and they're launching an investigation into them..." | | 24:23 | Andrew Weissmann | "Nothing is going to come of a criminal investigation of Jerome Powell. Nothing is going to come..." | | 26:00 | Mary McCord | "The Insurrection Act...is rarely used, has not been used since the riots after Rodney King... only been used 30 times in history." | | 32:00 | Mary McCord (quoting Judge Young) | "Secretary of Homeland Security Kristi Noem and Secretary of State Marco Rubio...deliberately and with purposeful forethought...intentionally to chill the rights to freedom of speech and peacefully to assemble..." | | 36:19 | Judge Young (via Mary McCord) | "You're telling me there is no remedy." | | 47:59 | Mary McCord | "The government's going to get the names of all and the contact information of all of these people who have provided her information. And that worries me significantly." | | 51:00 | Andrew Weissmann | "It's really unclear. It seems the reporting is that Pam Bondi's Department of Justice is not even living by Pam Bondi's own regulations." |

Important Segments and Timestamps

• Opening reflections on Trump’s first year & international law — 00:46–07:01
• Minnesota protests and ICE/judicial rulings — 08:48–20:52
• Retaliatory DOJ investigations and resignations — 16:17–19:45
• Political investigations and Insurrection Act — 22:08–29:10
• Academic freedom; Judge Young’s case; structural legal barriers — 30:14–41:47
• Press freedom; DOJ search of journalist’s home — 41:47–51:40
• Closing notes on continuing coverage (Jack Smith hearing preview) — 51:40–52:27

Language, Tone, and Takeaways

• Tone: The conversation is somber, urgent, and often incredulous, reflecting the hosts' deep concern for the rule of law, constitutional rights, and the normalization of authoritarian tactics in U.S. governance.
• Style: The hosts mix detailed legal analysis with clear real-world implications, using accessible analogies—often expressing frustration, disbelief, and cautious optimism where judicial checks persist.

Final Takeaway:
This episode provides an unflinching, detail-rich account of rising threats to constitutional norms and basic freedoms in America’s legal and political systems. Through careful case analysis, real-time judicial developments, and personal reflection, Weissmann and McCord underscore the importance of vigilant courts, public accountability, and the ongoing battle to preserve democracy in the face of rapidly escalating executive overreach.