Main Justice Podcast Summary: "We Are Here"
Release Date: March 5, 2025
Hosted by Andrew Weissmann and Mary McCord

Introduction

[01:11] Andrew Weissmann
Andrew Weissmann opens the episode by welcoming listeners to "Main Justice," setting the stage for a deep dive into the ongoing assaults on the legal system within the Department of Justice (DOJ) under the Trump administration. He emphasizes the significance of understanding the overarching strategies at play, rather than getting lost in the myriad of individual actions.

[01:22] Mary McCord
Mary McCord greets listeners and aligns with Andrew in highlighting the pressing issues to be discussed, particularly focusing on the systemic attacks on legal professionals.

Assault on Lawyers and the Rule of Law

[02:12] Andrew Weissmann
Andrew introduces the central theme of the episode: a comprehensive assault on lawyers and the implications for the rule of law. He references Shakespeare's Henry VI, highlighting the historical context of targeting legal professionals to undermine legal obstacles.

[02:17] Mary McCord
Mary elaborates on the theme by drawing parallels between the historical assault on lawyers and current events. She cites a recent appearance by Attorney General Pam Bondi on Fox News:

[03:16] Pam Bondi
"There are a lot of people in the FBI and also in the Department of Justice who despise Donald Trump, despise us, don't want to be there. We will find them because you have to believe in transparency. You have to believe in honesty. You have to do the right thing. And right now, we're going to root them out. We will find them, and they will no longer be employed."

Mary interprets Bondi's statements as a direct threat to attorneys within the DOJ who may oppose Trump's agenda, equating it to a "full assault on the lawyers."

Removal of Top Military Lawyers

[06:48] Mary McCord
Mary shifts focus to the recent removal of the top three military lawyers, known as Judge Advocate Generals (JAGs), from their positions without cause. She explains the significance of these roles:

[08:00] Andrew Weissmann
"These were the highest military lawyers at the army, the Navy, and the Air Force. They serve as chief legal advisors to senior military officials to ensure compliance with U.S. Law and the laws of armed conflict."

The removal of these JAGs, all three-star generals, is portrayed as a strategic move to eliminate legal roadblocks against the administration's policies, undermining military legal oversight.

Attack on Jack Smith's Counsel

[10:47] Andrew Weissmann
Andrew criticizes the targeting of Jack Smith's legal team at the law firm Covington and Burling. He underscores the importance of defense counsel in upholding the rule of law and highlights the American Bar Association's (ABA) concern:

[16:07] Andrew Weissmann
"The American Bar Association... issued another statement that is particularly relevant. They talked about the rules that should guide every lawyer that have guided our country for over 200 years... 'If a court issues a decision this administration does not agree with, the judge is targeted. If a lawyer represents parties in a dispute with the administration... lawyers are targeted.'"

This section emphasizes the systemic efforts to intimidate and discredit legal professionals who challenge or oppose the administration's actions.

Stripping Security Clearances

[14:12] Mary McCord
Mary discusses the administration's move to strip security clearances from Jack Smith's lawyers, citing potential motivations behind this action. She connects this to broader efforts to delegitimize and penalize legal defenders of individuals opposing the administration.

[16:53] Mary McCord
She further explains that removing security clearances serves as both a punitive measure and a deterrent for law firms considering representing adversarial clients, likening it to post-9/11 pressures on firms representing Guantanamo detainees.

Case Study: Eric Adams Criminal Case

[35:34] Mary McCord
Mary delves into the criminal case against Mayor Eric Adams, highlighting strategic legal maneuvers by the defense:

[38:05] Mary McCord
"The defense argues that due to leaked information and public statements by DOJ officials undermining the case, the prosecution lacks a legal or factual basis, pushing for dismissal with prejudice to prevent re-filing."

[43:23] Andrew Weissmann
Andrew interprets this strategy as an "off ramp" for the government, suggesting it allows the administration to avoid a thorough judicial examination of potential misconduct without jeopardizing their leverage over Adams.

International Law and U.N. Charter

[46:43] Mary McCord
Mary shifts the discussion to international affairs, criticizing the U.S. for its stance against Russian aggression in Ukraine. She references the U.N. Charter:

[46:52] Andrew Weissmann
"Article 2, subparagraph 4 of the UN Charter requires member states to refrain from the use of force against the territorial integrity or political independence of any state."

Mary argues that the U.S.'s recent actions, such as voting against resolutions condemning Russia's invasion of Ukraine, signify a departure from established international law principles.

The Importance of the First Amendment and Public Protest

[51:09] Mary McCord
Mary underscores the role of the First Amendment in empowering citizens and lawmakers to resist and protest against the administration's undermining of the rule of law. She praises Republican members of Congress who stand up for constitutional rights and the fair administration of justice.

[51:36] Andrew Weissmann
Andrew echoes Mary's sentiments, highlighting the importance of free speech and the public's role in holding the government accountable.

Conclusion

[52:35] Andrew Weissmann & Mary McCord
The hosts conclude by reiterating the importance of upholding the rule of law and the critical role of lawyers in safeguarding constitutional principles. They encourage listeners to engage, subscribe, and participate in the discourse to resist ongoing legal erosions.

Notable Quotes:

• Pam Bondi on DOJ Employees:

  "There are a lot of people in the FBI and also in the Department of Justice who despise Donald Trump, despise us, don't want to be there. We will find them because you have to believe in transparency. You have to believe in honesty. You have to do the right thing. And right now, we're going to root them out."
  [03:16]

• American Bar Association Statement:

  "If a court issues a decision this administration does not agree with, the judge is targeted. If a lawyer represents parties in a dispute with the administration... lawyers are targeted."
  [16:07]

• Mary on International Law:

  "Article 2, subparagraph 4 of the UN Charter requires member states to refrain from the use of force against the territorial integrity or political independence of any state."
  [46:52]

Closing Remarks:

Andrew and Mary emphasize the urgency of recognizing and resisting the systematic dismantling of legal norms and the rule of law. They call upon listeners to remain vigilant, engage in advocacy, and support legal professionals committed to upholding constitutional integrity.

For more insights and detailed discussions, subscribe to "Main Justice" on your preferred podcast platform.