#SistersInLaw Episode 220: "Serious, Serious Trouble" – Detailed Summary

Release Date: January 25, 2025 | Host: Politicon's #SistersInLaw Team (Joyce Vance, Jill Wine-Banks, Barb McQuaid, Kimberly Atkins Stohr)

In Episode 220 of #SistersInLaw, the Politicon team delves deep into the tumultuous week marked by a surge of executive orders from the Trump administration, the DOJ's controversial maneuvers, and the mass pardoning of January 6th offenders. The sisters provide insightful analysis, highlighting the implications for democracy, legal norms, and societal cohesion.

1. Executive Orders Overload and DOJ Weaponization

The episode opens with the team addressing the unprecedented flurry of executive orders issued by former President Trump on his first day in office—a cascade they describe as a "fire hose of chaos."

Joyce Vance highlights the alarming trend of attempts to seize control of the Department of Justice (DOJ):

“[...] we're going to resist. I'm emphasizing the 'cis.' We are going to get through this together. We really will. We have to.”
(02:44)

Barb McQuaid raises concerns about the DOJ's new charging memo:

“The new charging memo is about process. It's about the process that lawyers in DOJ use, not the substance.”
(19:45)

Jill Wine-Banks echoes the sentiment, stressing the importance of judicial independence:

“The Attorney General wants to know before the New York Times reports it. That's the sort of stuff that goes in urgent reports, according to this new memo.”
(24:02)

2. Death Penalty Enforcement Executive Order

One of the most contentious orders discussed is the directive to aggressively enforce the death penalty, particularly targeting undocumented immigrants.

Barb McQuaid expresses deep concern:

“...the Attorney General should seek the death penalty in any case where the defendant is an illegal alien. I prefer 'undocumented immigrant.' I think that might be a violation of equal protection.”
(49:27)

Kimberly Atkins Stohr adds:

“...they have to try to use legal recourse against the prosecutors who say, 'Hey, we have more of a problem here with violent crime.'”
(27:45)

3. Pardoning of January 6th Offenders

The sisters critically examine the mass pardoning and commutation of individuals involved in the January 6th Capitol riot.

Jill Wine-Banks draws parallels to historical precedents:

“…President Ford's pardon of Nixon. But except for something like that, we do have norms that require having the Department of Justice pardon attorney review and recommend whether pardons are legitimate.”
(62:13)

Joyce Vance emphasizes the breach of norms:

“Donald Trump using the power of the presidency to benefit himself personally, rewarding people who were willing to come out and some of them to engage in violence...”
(73:33)

Barb McQuaid underscores the impact on the rule of law:

“These cases were brought in public federal courts. They had lawyers, there were judges, there were juries. They were convicted...”
(69:07)

4. Legal Challenges and Court Decisions

The team discusses the immediate legal pushback against Trump's executive orders, particularly the Birthright Citizenship order.

Jill Wine-Banks reports on the federal judge's temporary restraining order:

“A federal judge in Seattle, Judge Kunauer, said that it was clearly unconstitutional… imposed a 14 day TRO, pending what I am sure will end up being a permanent injunction.”
(39:04)

Joyce Vance breaks down the constitutional issues:

“…people born here citizens. And I know there are better arguments, but this was absurd and he did the right thing.”
(44:14)

5. Impact on Federal Employment and DOJ Integrity

The episode sheds light on the internal disruption within the DOJ, including the reassignment of seasoned professionals and withdrawal of honors program offers.

Jill Wine-Banks voices her dismay:

“They are putting away the federal civil servants… it's so sad… it's a big message that the Department of Justice are going to be doing everything on a totally political basis.”
(31:34)

Barb McQuaid adds:

“...they have rescinded all those offers for students who are relying on those offers in taking their jobs and foregoing others.”
(26:05)

6. Protecting State Sovereignty and Rights

The sisters discuss the anticipated legal battles over federal coercion of state and local law enforcement in immigration enforcement.

Kimberly Atkins Stohr anticipates challenges:

“There will be resistance and refusal to do that. But one thing that's important… we need to charge them, not the grandma who overstayed her visa.”
(27:45)

Joyce Vance advocates for non-compliance:

“Do not obey in advance if you're a mayor, if you're a state or a county or a local official.”
(30:22)

7. Q&A Segment: Obergefell and Democratic Strategies

In the Q&A, the sisters address listener questions about potential Supreme Court challenges to landmark decisions and Democratic legislative powers.

Barb McQuaid explains the potential fallout if Obergefell is overturned:

“...each state could define marriage the way they want to. We would see some states that say marriages are recognized. We'd see other states that say they don't.”
(76:17)

Kimberly Atkins Stohr outlines Democratic strengths:

“Democrats actually have a lot of power… they have power by virtue of the fact that the Republican majority margins in both the House and Senate are razor slim.”
(79:07)

8. Concluding Thoughts and Hope for Unity

Despite the grim analysis, the sisters conclude on a hopeful note, emphasizing solidarity and proactive resistance.

Joyce Vance offers reassurance:

“I think we should fight back… Executive orders are intended to make Trump look all powerful, but Trump actually can be challenged and defeated piece by piece.”
(55:28)

Kimberly Atkins Stohr encourages active involvement:

“...attorneys general in states, legal organizations, and others who are challenging things like the birthright citizenship… people are fighting hard.”
(56:14)

Jill Wine-Banks underscores the multifaceted threats:

“It's the combination that causes the confusion and that is going to make everybody feel overwhelmed so they don't respond.”
(58:58)

Notable Quotes

• Jill Wine-Banks: “Facts really do matter. But it's gotten so much worse.”
  (02:44)

• Barb McQuaid: “We are in serious, serious trouble.”
  (17:27)

• Joyce Vance: “Executive orders, they are not magic wands. They are the president giving orders to the executive branch.”
  (53:08)

• Kimberly Atkins Stohr: “Don't give up your power as a citizen of the United States.”
  (30:22)

Conclusion

Episode 220 of #SistersInLaw serves as a critical examination of the current political and legal landscape, emphasizing the gravity of executive overreach and the imperative for unified resistance. The sisters advocate for informed engagement, state sovereignty protection, and the upholding of democratic norms to navigate through these challenging times.

For more insights and ongoing discussions, follow #SistersInLaw on your preferred podcast platform and engage with them on social media with your questions and comments.