Main Justice Podcast Summary: "Project 2025 in Action"

Released on January 21, 2025

Introduction

In the episode titled "Project 2025 in Action," hosts Andrew Weissman and Mary McCord delve deep into the early maneuvers of the Trump 2.0 administration, particularly focusing on executive orders that signal a significant shift in the Department of Justice (DOJ) and broader implications for American democracy. Drawing from their extensive backgrounds within the DOJ, Weissman and McCord dissect the administration's strategies to reshape legal frameworks and safeguard—or undermine—constitutional principles.

1. Presidential Pardons for January 6 Defendants

One of the episode's primary focuses is President Trump's sweeping pardons and commutations related to individuals charged in the January 6 Capitol attack.

• Three Buckets of Pardons and Commutations

  Andrew Weissman breaks down the executive order's impact on January 6 defendants into three distinct categories:

  • Bucket One: Full pardons for over 1,500 individuals, absolving them of all felony charges and releasing them from incarceration. Weissman emphasizes the gravity of these actions, stating, “This is extraordinary and it is a total assault on our criminal legal system” (02:26).

  • Bucket Two: Commutations for a select few, including high-profile members of groups like the Oath Keepers and Proud Boys. For instance, Enrique Tarrio, leader of the Proud Boys, received a full pardon despite not being physically present at the Capitol during the attack, which Weissman finds baffling: “The person who conspired with and hired somebody to do a hit on someone else… gets the pardon. And the person who did the hit does not” (09:57).

  • Bucket Three: Dismissals of pending cases with prejudice, effectively ending prosecutions against those awaiting trial.

• Impact on DOJ Independence

  McCord highlights the erosion of the DOJ's autonomy, noting, “This direction was completely a direction with respect to specific cases” (06:46). The executive order overrides longstanding policies ensuring minimal White House interference in legal proceedings, undermining the DOJ’s role as an independent entity.

• Specific Cases and Implications

  The full pardon of Enrique Tarrio serves as a focal point for discussing selective justice. McCord questions the rationale behind pardoning leadership figures while lower-level participants retain some consequences, pointing out inconsistencies that reflect a broader pattern of favoritism and undermining the rule of law.

2. Biden's Pardon of Select Individuals Pre-Inauguration

Before Trump took office, President-elect Biden issued pardons to figures like Dr. Anthony Fauci and General Mark Milley, as well as members of the House Select Committee investigating January 6.

• Purpose and Reactions

  Weissman describes Biden’s pardons as a preemptive measure against potential retribution: “These people have been targeted… it is no reflection or did not indicate that any of these people had done anything wrong” (19:50). McCord views this as an extraordinary but understandable attempt to protect individuals from political backlash.

• Diverse Categories of Pardons

  The pardons included both innocent individuals, who were never charged with wrongdoing, and those already convicted. Representative Michael Cohen contrasts the genuine content of Biden's pardons with Trump’s selective justice approach.

3. Executive Orders Targeting DOJ "Weaponization"

President Trump's administration issued an executive order titled "Ending the Weaponization of the Federal Government," ostensibly to address alleged misuse of federal agencies over the past four years.

• Scope and Intent

  McCord interprets the order as a guise to scrutinize and potentially undermine previous administrations' enforcement actions: “It's about using the federal government to investigate the actions of the last four years” (34:56). Weissman likens the initiative to Orwellian tactics, expressing skepticism about its genuine intent given the lack of factual basis.

• Procedural Implications

  The order mandates the Attorney General to review and report on departmental actions deemed contrary to its stated purposes, directly influencing current DOJ operations and reinforcing presidential control over legal processes.

4. Attempt to Rescind Birthright Citizenship

One of the most controversial executive orders discussed is the attempt to revoke the constitutional guarantee of birthright citizenship as outlined in the Fourteenth Amendment.

• Legal Challenges and Constitutional Claims

  McCord, representing organizations like CASA and the ASYL Seeker Advocacy Project, outlines the executive order’s provisions that deny automatic citizenship to children born in the U.S. under specific circumstances, such as non-citizen parents with temporary legal status. She asserts, “We will be filing a straight-up textual 14th Amendment claim” (42:27), emphasizing the order's direct conflict with constitutional mandates.

• Implications for Immigrant Families

  The order threatens to uproot families who have established lives in the U.S. under temporary statuses, potentially leading to long-term implications for immigration policy and civil rights.

5. other Executive Orders and Their Impact

• TikTok Ban and DOJ's Non-Enforcement

  The administration directed the DOJ not to enforce the TikTok ban, signaling selective adherence to executive mandates. McCord explains that while enforcement discretion exists, such directives blur the lines of legal obligations and administrative authority.

• Creation of the Department of Government Efficiency ("Doge")

  An executive order rebranded an existing agency as the "Department of Government Efficiency," led by Elon Musk. This move has faced legal scrutiny under transparency laws, with ongoing lawsuits challenging the order's compliance with public records requirements.

• National Emergencies and Border Control

  Multiple executive orders declared a national emergency at the southern border, with provisions that may lead to military involvement in domestic law enforcement—potentially violating the Posse Comitatus Act. Weissman and McCord discuss the uncertainties surrounding the invocation of the Insurrection Act and the military's role in civilian affairs.

6. Legal Challenges and Institutional Responses

The administration's executive orders have already prompted numerous legal challenges. Courts are scrutinizing the legality of actions such as rescinding birthright citizenship and the establishment of "Doge," ensuring that executive power does not overreach constitutional boundaries.

• Judicial Solidarity and Condemnation

  McCord underscores the unified stance of federal judges in condemning the Capitol attack, highlighting statements from Republican-appointed judges that reaffirm the sanctity of the rule of law and the judiciary’s integrity: “This is not patriotism. It was the antithesis of patriotism” (29:25).

Conclusion: The Future of American Democracy under Project 2025

Weissman and McCord conclude that the early actions of the Trump 2.0 administration represent a concerted effort to reshape the DOJ and assert unprecedented presidential control over legal institutions. This "Project 2025" threatens to undermine the independence of the judiciary, dilute constitutional protections, and set troubling precedents for the balance of power within the U.S. government.

Mary McCord aptly summarizes the gravity of the situation: “Our new mission as Main Justice… how big a task it's going to be to cover what's happening to all of our listeners” (53:38). The episode serves as a critical alert to listeners about the ongoing challenges to American democracy and the rule of law.

Notable Quotes:

• Mary McCord (01:09): “We probably both are a little sleep deprived, staying up half the night reading executive orders and trying to put them all together.”

• Andrew Weissman (09:14): “It’s ass backward… the person who conspired… gets the pardon.”

• Mary McCord (32:00): “The court has to approve [the dismissals], but there's very, very limited ability for the court to push back on that.”

• Andrew Weissman (37:39): “So this is one where you really feel like you're living through Orwell.”

• Mary McCord (42:10): “What this executive order purports to do is say that the privilege of U.S. citizenship does not automatically extend to persons born in the U.S. if…”

• Mary McCord (53:26): “Our new mission as Main Justice… how big a task it's going to be to cover what's happening to all of our listeners.”

Final Thoughts

"Project 2025 in Action" serves as a critical examination of the Trump 2.0 administration's early legal strategies, highlighting the potential repercussions for the DOJ, constitutional rights, and the broader fabric of American democracy. Weissman and McCord provide listeners with a comprehensive understanding of the complexities and far-reaching implications of these executive actions, emphasizing the need for vigilance and informed discourse in safeguarding democratic institutions.