The Lawfare Podcast

“Lawfare Daily: The Trials of the Trump Administration”

December 8, 2025

Host: Natalie Orput (Executive Editor)
Panel: Anna Bauer, Mike Feinberg, Molly Roberts, Roger Parloff, Eric Columbus, James Pierce

Brief Overview

In this episode, the Lawfare team delivers an incisive review of a tumultuous week in legal affairs related to the Trump administration. Major topics include the arrest of a January 6 pipe bomb suspect, the status of high-profile prosecutions (Letitia James and James Comey), ongoing legal challenges about appointments of federal prosecutors, and significant developments in immigration policy and enforcement. The panel highlights new litigation, analyzes rapidly shifting legal doctrines, and provides color on courtroom drama, all while fielding audience questions on emerging issues.

Key Discussion Points & Insights

1. January 6 Pipe Bomb Arrest and Its Implications

• Context & Arrest Update
  • Mike Feinberg reports the arrest of Brian Cole in Northern Virginia for the unsolved placement of live pipe bombs outside both RNC and DNC headquarters on January 6, 2021 ([04:02]).
  • The investigation was long-stalled, with claims that earlier inaction was due to underprioritization in the prior administration, but evidence in the charging documents suggests more complexity.
  • “This was an incredibly data-heavy investigation ... AI has taken on a leading role in a lot of criminal investigations” — Mike Feinberg ([21:19]).
• Rumors and Media Narrative
  • Initial speculation entertained various motives; recent reporting confirms Cole was a Trump supporter convinced the 2020 election was “stolen” ([05:39]).
  • Ongoing narrative wars result partly from “the deputy director of the FBI, who, when he was still a podcaster, was ceaselessly beating the drum that this was an inside job” — Mike Feinberg ([08:29]).
• Pardon Applicability
  • Eric Columbus explains why broad Trump-issued January 6 pardons likely do not cover Cole; most were limited to already-convicted individuals as of the pardon date ([13:02–19:13]).
  • “I do not think that there is really a strong argument that Trump was trying to get at the pipe bomber's conduct when he issued that pardon” — Eric Columbus ([18:37]).
• Duration of the Investigation
  • Mike Feinberg attributes the breakthrough to improved technology and renewed legal process: “Technology has developed since 2020 ... the new team had better tools at their disposal to analyze the data” ([21:19]).

2. Prosecutions of Letitia James & James Comey: Dismissals & Fallout

• James Case: Attempts to Re-indict
  • Molly Roberts reviews DOJ’s failed grand jury effort to re-indict James after earlier dismissals due to improper appointment of the acting U.S. Attorney ([24:32]).
  • “He didn't succeed, which could be interpreted as an indictment of the would-have-been indictors because suggests you don't have a very good case” ([24:51]).
• Comey Case: Civil Litigation & Evidence Issues
  • Anna Bauer explains the absence of DOJ appeal after the dismissals. Instead, central witness and law professor Dan Richmond has launched a Rule 41(g) lawsuit to reclaim and delete data seized from his devices under earlier, now-closed investigations ([27:51–32:52]).
  • “This could actually be kind of a problem for the government ... evidence that forms the bulk of the Comey case” — Anna Bauer ([32:06]).
• Procedural Hurdles
  • If Richmond’s motion succeeds, the government may lose critical evidence, complicating any renewed prosecution.

3. Federal Prosecutor Appointment Challenges

• Third Circuit on Alina Haba
  • James Pierce summarizes the Third Circuit’s rejection of DOJ’s efforts to install Alina Haba as acting U.S. Attorney for NJ, both as “first assistant” and by delegation ([34:45]).
  • “The Third Circuit rejected each of the government's different paths to try to have Alina Haba serve ...” ([35:39]).
• Substantial Implications
  • The ruling may fuel similar arguments nationwide; for now, it raises uncertainty about cases overseen by unlawfully appointed U.S. Attorneys ([46:05]).
• Northern District of New York Case
  • Anna Bauer recounts a hearing in Albany over John Sarcone’s appointment. Despite creative DOJ attempts to shoehorn him into a lawful acting U.S. Attorney role, the judge seemed skeptical, and subpoenas he issued could be invalidated ([48:18–57:10]).

4. Immigration Policy & Enforcement Developments

• Birthright Citizenship Executive Order at the Supreme Court
  • James Pierce details SCOTUS’s acceptance of a challenge to Trump’s order denying birthright citizenship; arguments will address whether the order violates the 14th Amendment ([58:25–60:46]).
• Unlawful ICE Arrests in DC
  • Roger Parloff reports Judge Beryl Howell’s injunction against warrantless ICE arrests lacking probable cause both of immigration violations and risk of flight ([61:37–67:34]).
  • “The defense puts a new twist on the old saying: ‘I can't believe what you Say, because I see what you do’” — Judge Beryl Howell, paraphrased ([67:10]).
• Mandatory Detention Expansion
  • DOJ has reinterpreted “applicant for admission” to justify mandatory detention of nearly all undocumented persons, even long-term residents, generating a crush of lawsuits and broad judicial rejection ([69:30–76:41]).
  • “Everyone is being mandatorily detained” — Roger Parloff ([74:31]).
• Expedited Removal and 'Make the Road'
  • DC District and Circuit courts have so far blocked the administration from massively expanding expedited removal procedures against noncitizens unable to show 2 years’ U.S. residence. However, future prospects for the plaintiffs are uncertain ([78:19–82:54]).
• IRS Sharing Data with ICE Ruled Unlawful
  • Eric Columbus summarizes a DC ruling stopping the IRS from sharing vast swaths of taxpayer data with ICE, finding the IRS had no statutory grounds and failed to consider reliance interests ([83:18–86:35]).

5. Public Media Funding, Federal Employee Firings, and Administrative Litigation

• NPR/PBS Funding Lawsuit
  • Molly Roberts recaps NPR’s suit challenging Trump’s executive order cutting public media funding. Judge Moss appears skeptical of the government’s arguments, with a ruling expected soon ([87:02]).
  • “The government, meanwhile, really did not want the judge to get to the merits at all” ([87:28]).
• Immigration Judge Firings
  • James Pierce discusses the lawsuit by Tanya Nemmer, a Lebanese-American ex-immigration judge fired with no explanation, now alleging unconstitutional discrimination ([90:52–93:50]).
  • The case raises the question whether Title VII protections continue to bind the executive branch.
• State Department RIFs & Legal Challenges
  • Eric Columbus describes a last-minute TRO that prevented State Department layoffs in violation of Congressional stopgap provisions ([93:58–95:39]).
• National Guard Stay in DC
  • DC Circuit stays order to withdraw the National Guard from DC, pending further merits consideration ([95:54]).

Memorable Quotes

• “Technology has developed since 2020 ... AI has taken on a leading role in a lot of criminal investigations...”
  — Mike Feinberg, on breakthrough in the pipe bomb case ([21:19])

• “I can't believe what you Say, because I see what you do ... Just trust whatever we tell you now.”
  — Judge Beryl Howell, paraphrased by Roger Parloff, critiquing ICE enforcement practices ([67:10], [67:21])

• “He didn't succeed, which could be interpreted as sort of an indictment of the would have been indicters...”
  — Molly Roberts, on DOJ's failed reindictment of Letitia James ([24:51])

• “Do I understand correctly that the issue presented ... is squarely whether birthright citizenship is constitutional or not?”
  — Natalie Orput, clarifying Supreme Court review on birthright citizenship executive order ([60:46])

Notable Timestamps

• 01:42: Start of substantive content and introduction of panel
• 04:02: Mike Feinberg on pipe bomb arrest details
• 13:02: Eric Columbus analyzes January 6th pardons
• 21:19: Feinberg explains tech advances in investigations
• 24:32: Molly Roberts updates on Letitia James prosecution
• 27:51: Anna Bauer on Dan Richmond’s Rule 41(g) move
• 34:45: James Pierce recaps Third Circuit's Haba ruling
• 48:18: Bauer details Albany hearing on acting U.S. Attorney authority
• 58:25: Pierce updates birthright citizenship litigation
• 61:37: Parloff covers D.C. ICE arrest litigation
• 69:30: Parloff on mandatory detention policy change
• 78:19: Parloff discusses ‘Make the Road’ expedited removal case
• 83:18: Columbus describes IRS-ICE ruling
• 87:02: Roberts summarizes NPR funding lawsuit hearing
• 90:52: Pierce introduces Judge Nemmer’s discrimination lawsuit
• 93:58: Columbus describes the State Department RIF lawsuit
• 95:54: National Guard stay in DC

Audience Q&A Highlights

• Can Dan Richmond’s suit run out the clock on a reindictment in the Comey matter?

  • Anna Bauer and James Pierce agree litigation is on separate tracks, but if evidence is deleted or blocked via injunction, the government might struggle to re-present it ([96:39–103:02]).

• Can a President undo a presidential pardon, as Trump has claimed (re: auto-pen-signed pardons)?

  • Eric Columbus: "It seems like total bull because it is” ([103:36]). No historical precedent exists, and such an effort would likely fail in court unless the pardon were facially invalid (e.g., forged).

Tone and Takeaways

The Lawfare panel embodies deep legal expertise and measured, but increasingly urgent, concern about the rule of law amid post-election tumult. The tone is analytic, often wry, and determinedly non-alarmist even as the panel covers a landscape beset by procedural chaos, administrative strong-arming, and mounting questions about foundational democratic norms.

For full details on cases and court documents discussed, or to catch up on panelist deep-dives, visit lawfareblog.com or Lawfare’s YouTube channel.