MAIN JUSTICE
Episode: “No Pretense of Evenhanded Justice”
Release Date: November 19, 2025
Hosts: Andrew Weissmann & Mary McCord

Overview:

This episode addresses the alarming politicization of the Department of Justice (DOJ) under President Trump’s renewed administration. Weissmann and McCord, both former DOJ officials, discuss breaking news on Trump’s directive to investigate political opponents, analyze recent irregularities in high-profile cases like Epstein, James Comey, and Letitia James, and highlight the broader assault on the independence of the judiciary. The conversation is urgent, deeply analytical, and rooted in the hosts’ deep experience inside DOJ.

Key Discussion Points & Insights

1. "No Pretense of Evenhanded Justice" (01:23–03:23)

• Mary McCord’s NYT "Quote of the Day":
  • "There is no pretense of even handed justice. That core principle is gone." (01:23)
• The DOJ is being “weaponized” as a political tool, specifically targeting Trump’s adversaries, as shown most recently by Attorney General Pam Bondi’s rapid response to Trump’s public call for investigations into Democrats named in the Epstein files.
• The hosts stress that prosecutorial decisions are now dictated by whether someone is a friend or enemy of Trump, not by the facts or law.
  • “Whether you’re investigated or prosecuted or… pardoned… depends on whether you are a friend or an enemy of Donald Trump.” – Mary McCord, (02:13)

2. Department of Justice’s Political Arm (02:31–04:37)

• Andrew Weissmann connects the current actions to concrete legal defenses, noting these events serve as powerful evidence of “vindictive and selective prosecution.”
• Bondi’s almost instantaneous acquiescence (“Aye, aye, Captain!”) is called out as unprecedented and illustrative of the DOJ’s current political submission.
• Weissmann emphasizes that even high-profile Trump allies like Steve Bannon are shielded, while investigations singularly target Democrats.

3. The Epstein Files and DOJ Strategy (06:17–12:13)

• Epstein Files Release: Trump and Pam Bondi’s strategic reversal on releasing Epstein material is thoroughly dissected.
• Trump’s public posture is, “We have nothing to hide,” but the hosts spot tactics to limit transparency.
  • “Those five words—‘they are legally entitled to’—makes me think this is not really ‘let’s be open.’” – Mary McCord, (09:03)
• Discussion on how the ongoing “investigation” of only Democrats serves as both an excuse for redacting information and as a political threat.
• Critical analysis of investigative failures:
  • The DOJ’s lack of diligence in securing basic evidence (like Epstein’s emails).
  • The notion that targeting only Democrats is operationally impossible—“You’re going to get a whole host of things, including stuff about Donald Trump,” (11:51), making the move self-defeating.
  • McCord: "We don't investigate people, we investigate crimes.” (12:13)

4. Selective and Vindictive Prosecution: The Comey and Letitia James Cases (14:28–32:08)

• Both James Comey and Letitia James have moved for dismissal based on improper appointment of prosecutor Lindsey Halligan and on selective/vindictive prosecution.
• Major concerns about DOJ exposure to attorney-client privileged material, particularly between Comey and his counsel, Dan Richman.
• The magistrate judge has ordered grand jury transcripts (an extraordinary remedy) disclosed to the defense, citing serious possibility of misconduct.
  • “…it could be really serious, including suppression [of evidence]… You really can't afford to lose any [evidence in this case]. So that seemed like a second big problem.” – Andrew Weissmann, (22:54)
• The hosts criticize DOJ’s sloppiness in both respecting privilege and adhering to the Fourth Amendment.

Notable Missteps Highlighted:

• Improper Handling of Evidence: The FBI accessed materials outside their warrant’s scope and failed to involve Comey’s counsel in filter protocols.
• Lindsey Halligan’s Inexperience: She acted alone before the grand jury—no experienced career prosecutors would touch the case. (26:17–29:34)
• Fundamental Misstatements to Grand Jury: Halligan’s statements “shifted the burden” improperly onto Comey, a legal 101 error (28:24), and implied that there was more evidence than presented, misleading jurors (30:31).
• Mystery of the “Immaculate Conception” Indictment: Oddities and missing information in the grand jury record, likened to the Watergate “Rosemary Woods” tape gap. (32:15–34:52)

5. The War on the Judiciary: Judge Boasberg and the Trend Aragua Contempt Proceedings (38:03–51:35)

• Context: Trend Aragua Mass Deportations
  • Judge James Boasberg issued emergency orders to stop the deportation of alleged Venezuelan gang members, orders that were brazenly disregarded.
• Appellate Battles:
  • Conflicting appellate decisions over whether contempt proceedings can go forward.
  • The DC Circuit ultimately allows Boasberg to investigate “who gave the order” (47:58).
    • “This is one where the big picture... the government must adhere to judicial orders. If you do not like them, you can appeal.” – Andrew Weissmann, (50:19)
• Escalation:
  • The Deputy Attorney General is now asking US Attorneys to report examples of so-called “judicial overreach”—an unprecedented move, seen as ammunition for political attacks on judges.
  • Concurrently, Republican senators ask for Boasberg’s suspension due to impeachment articles filed for merely issuing judicial orders (51:35).

Notable Quotes & Memorable Moments

• On the DOJ as Political Weapon:
  • “There is no pretense of even handed justice. That core principle is gone." – Mary McCord, (01:23)
• On SG’s Cautious Linguistics:
  • “Those five words—‘they are legally entitled to’—make me think this is not really ‘let’s be open.’” – Mary McCord, (09:03)
• On Systemic DOJ Lapses:
  • “Where were the experienced people here?” – Andrew Weissmann, (23:43)
• On Grand Jury Law 101:
  • “It’s 101… the government has the burden from start to finish.” – Mary McCord, (29:29)
• On Impeaching Judges for Doing Their Job:
  • “Keep your eye on this ongoing ‘war’… this is when the Deputy Attorney General issued an email… to provide two or three examples of judges posing challenges to DOJ efforts… things that judges are supposed to ask questions about.” – Mary McCord, (51:35)

Key Segment Timestamps

| Time | Segment | |------------|---------------------------------------------------| | 01:23 | McCord’s “no even handed justice” quote, Bondi as Trump tool | | 06:17 | Deep dive: Epstein files, Trump’s “strategic” transparency | | 14:28 | Comey/Letitia James vindictive prosecution motions | | 19:06 | [Post-ad] Discussion of attorney-client privilege breach, grand jury errors | | 26:17 | Lindsey Halligan’s errors and grand jury confusion | | 32:08 | “Rosemary Woods problem”—missing grand jury details | | 38:03 | Judge Boasberg and Trend Aragua contempt case | | 47:58 | DC Circuit greenlights contempt probe: “Who gave the order?”| | 51:35 | Attack on judiciary escalates: DOJ seeking “ammunition” | | 53:18 | Hosts reflect on urgency and personal reaction |

Tone and Language

• Urgent, Insider, Unvarnished: Both hosts are frank, sometimes incredulous, and clearly alarmed. The tone alternates between legal precision and exasperation at apparent breakdowns in government norms.
• Accessible but Detailed: Legal procedures are broken down with plain-language metaphors (e.g., the “elephant in a desk drawer” for search warrants, and “Immaculate Conception indictment” for unexplained indictments), making complex events understandable.

Summary Takeaway

This episode is an alarm bell for the integrity of American justice. Weissmann and McCord meticulously detail a DOJ run amok under Trump: criminal investigations dictated by personal animus, basic legal protocols trampled, and the judiciary attacked for merely upholding the law. Listeners will come away understanding not just the headline scandals, but the creeping destruction of the rule of law—and why even the smallest deviations from legal norms matter.

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