#SistersInLaw Ep. 294: "Law Of War" (April 11, 2026)

Hosts: Barb McQuade, Kimberly Atkins Stohr, Joyce Vance (Jill Wine-Banks away)
Theme: The critical juncture of law, politics, and accountability in the current U.S. administration, through the topics of the Law of War, the Presidential Records Act, and the purge of immigration judges.

Episode Overview

This episode delves into three major areas:

1. Donald Trump’s conduct regarding the laws of war in Iran and the accountability (or lack thereof) for presidential war crimes.
2. The new Justice Department attack on the Presidential Records Act via an Office of Legal Counsel (OLC) memo.
3. The dramatic, politically motivated overhaul of immigration judges under Trump’s administration and its implication on American justice and due process.

The #SistersInLaw hosts combine legal expertise and political insight, integrating recent reporting, legal precedent, and personal experience to illustrate these evolving crises in American government.

Key Discussion Points and Insights

1. Trump and the Law of War

• Trump’s Social Media Threats as War Crimes
  • Trump’s recent posts, including explicit threats toward Iran (“a whole civilization... will die tonight, never to be brought back again.”), are characterized as “unhinged” and arguably as incitement to genocide, a war crime under both U.S. and international law. (Joyce Vance, 06:57)
  • Quote: “That’s the president of the United States threatening genocide. Genocide is a war crime. It violates U.S. law. It violates international law.” (Joyce Vance, 07:10)
• International Accountability Voids
  • The U.S. cannot be prosecuted by the International Criminal Court, and, as a veto-wielding Security Council member, it can block UN-imposed sanctions. (Kimberly Atkins Stohr, 08:09)
  • Quote: “So any measure like that would be vetoed by the United States. So, yeah, while these are the potential of war crime enforcement, there are loopholes allowing the U.S. to skirt right through it.” (Kim, 09:27)
• Congressional Power and the War Powers Act
  • Congress’s persistent “supine” failure to invoke its war powers enables unchecked executive escalation. The War Powers Act would require presidential withdrawal at 90 days absent Congressional authorization—but Congress has so far not acted. (Joyce Vance, 10:17)
• The Problem of Presidential Immunity
  • The 2024 Supreme Court decision granting immunity for acts at the “outer perimeter” of presidential authority effectively blocks criminal prosecution—even for war crimes—leaving impeachment as the sole recourse. (Kim, 12:06)
  • Quote: “Impeachment...if a war crime or threatening a war crime is not a high crime misdemeanor, I don’t know what exactly is.” (Kim, 13:20)

2. The Presidential Records Act Under Attack

• Background of the Act
  • The Presidential Records Act (PRA) establishes that all records created by the president are public property, maintained by the National Archives. This law was a direct response to Nixon’s claim of personal ownership over presidential records. (Kim, 19:53)
• Trump’s History with the PRA
  • Trump’s prior violations—destroying or withholding documents, even stashing classified materials at Mar-a-Lago—are well-known. (Barb, 21:37)
• The New OLC Memo
  • The OLC now asserts the PRA is unconstitutional and infringes on presidential independence, claiming Congress cannot “regulate a constitutional office, the presidency, that Congress did not create and cannot abolish.” (Kim, 22:47)
  • Critique of OLC: Hosts question whether OLC is providing genuine legal counsel or simply cover for Trump’s actions. Noteworthy mention of OLC’s checkered past, including the torture memos. (Barb, 24:23)
• Legal Challenge and Precedent
  • Two lawsuits—by American Oversight and the American Historical Association—argue the OLC memo is groundless, undermines transparency, and endangers the historical record. (Kim, 26:06)
  • Quote: “Let’s talk about the irony that they are attacking the very kind of future proofing that the Congress in the 70s did after Watergate in order to wipe that away so they can do goodness knows what with these records—hide them, burn them, throw them in the fireplace, flush them down the toilet—it’s absolutely gobsmacking.” (Kim, 27:05)
  • Barb points to Nixon v. GSA (1977), where the Supreme Court affirmed Congress’s authority to legislate the handling of presidential records. She predicts the current court, despite conservative slant, is unlikely to overturn this precedent. (Barb, 28:34 & 29:47)
• The Orwellian Risk
  • To close the segment, Barb cites Orwell:
    • “Every record has been destroyed or falsified...history has stopped. Nothing exists except an endless present in which the party is always right.” (Barb, quoting Orwell, 31:21)

3. Purge of Immigration Judges

• Systemic Firing and Politicization
  • Trump has purged over 100 of 750 immigration judges, replacing them with ideologically aligned or barely qualified candidates, often pressuring those remaining to escalate deportations or risk losing their jobs. (Kim, 35:04)
• Difference from Article III Judges
  • Unlike federal (Article III) judges, immigration judges are hired and fired at the pleasure of the President/Attorney General, with little independence. (Joyce, 36:17)
  • Quote: “Immigration judges are hired by, paid by, and serve at the pleasure of the President...if immigration judges don’t give the answers the administration wants, they simply can lose their jobs and the administration can bring somebody new in. Period.” (Joyce, 36:44)
• Due Process Rights and Political Influence
  • Asylum seekers and those facing deportation have due process rights—but Trump’s administration, influenced by Stephen Miller, has pushed judges to ignore the law, set impossible standards for asylum, and reject claims en masse. (Barb, 37:38)
  • Shocking Standard: A fired judge was told: “Maybe if you were Jewish and escaping Nazi Germany in 1943, you should get it.” (Barb, 43:05)
• Broken System, Real People
  • The backlog in cases is real, but the solution is more resources and better process—not punishment or rights reduction. As Joyce emphasizes, “Our budgets, they’re moral documents...you hire more immigration judges, you put more lawyers on the problem. You don’t give people fewer rights.” (Joyce, 41:27)
• Solutions and Next Steps
  • Hosts suggest reforms: shifting immigration judges out of the executive branch, making them independent (part of the judiciary), and using elections to reestablish respect for due process. (Barb/Joyce, 45:11)

Notable Quotes & Memorable Moments

• On the Law of War: “That’s the president of the United States threatening genocide. Genocide is a war crime.” (Joyce Vance, 07:10)
• On OLC’s PRA Memo: “...hogwash.” (Kim, 22:47)
• On the Judicial System: “Anybody within the territorial jurisdiction of the United States has full constitutional rights, whether people like it or not.” (Barb, 38:09)
• On Immigration Adjudication: “Maybe if you were Jewish and escaping Nazi Germany in 1943, you should get it.” (Barb, quoting fired judge’s experience, 43:07)
• On Historical Precedent: “How about some Supreme Court precedent? How about that?” (Barb, 28:34)

Timestamps for Important Segments

• Trump’s Iran Threats & War Crimes Discussion: 06:57–14:32
• Presidential Records Act and OLC Memo: 19:21–31:49
• Immigration Judges Purge: 35:04–46:07

Listener Q&A Highlights

• Pam Bondi, Attorney-Client Privilege (50:34)
  • Retaining former AG as private counsel does NOT shield prior government actions from congressional scrutiny or subpoena.
• Election Day Disenfranchisement (51:48)
  • Call the posted 1-800 legal hotline for immediate help at the polls.
• Pardons During Impeachment (53:29)
  • President can issue pardons until Senate conviction; once convicted, removed immediately, losing all powers.

Tone & Takeaways

The Sisters' tone is at once urgent, incisive, and deeply steeped in legal analysis, balanced by practical advice for listeners (“we fix this like we fix the rest of our broken institutions—by voting.”) Their commentary is rich, relatable, and grounded in both precedent and lived experience.

Conclusion

This episode urgently dissects the erosion of legal norms and democratic institutions under the Trump administration—from dangerous war rhetoric and unchecked presidential power, to threats against transparency and historical record, to the human cost of an authoritarian immigration regime. As always, action—both legal and electoral—is presented as the antidote.

For more resources and links, check the show notes.