Main Justice

Damage to the System

Last week, the Supreme Court ruled in favor of allowing Texas to use its gerrymandered congressional map in the 2026 midterms, handing a redistricting win to Republicans. Mary and Andrew begin here, pointing to this decision as an example of the conservative majority’s disregard for opinions made by lower courts. Then, they turn to a Virginia grand jury’s refusal to re-indict Letitia James after a federal judge dismissed the initial criminal case against her — showing, in the hosts’ estimation, how weak the reasoning must be for this indictment to be declined. This, before turning to the declarations filed by Kristi Noem, among others, in Judge Boasberg's contempt case, and highlighting Judge Beryl Howell’s scathing decision barring immigration arrests without a warrant in DC. And before they wrap, Andrew and Mary give a quick nod to the Pentagon’s IG report on Defense Secretary Pete Hegseth’s use of the Signal chat app. Further reading: * HERE [https://www.nytimes.com/interactive/2025/12/02/us/dc-ruling-warrantless-arrests.html] is Judge Beryl Howell’s 88-page decision against DHS over warrantless immigration arrests. * HERE [https://media.defense.gov/2025/Dec/04/2003834916/-1/-1/1/DODIG_2026_021.PDF] is the Pentagon's IG report on Defense Secretary Pete Hegseth's use of the ‘Signal’ chat app to communicate war plans. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.

“Dishonorable and Inhumane”

“What was said, when was it said, and who was observing the operation as it was ongoing?” These questions are top of mind this week for Todd Huntley, Director of Georgetown’s National Security Law Program and a former active-duty Judge Advocate for the Navy. He joins Mary and Andrew to lend his unique expertise to what the Washington Post reported as a “kill them all” order from Defense Secretary Pete Hegseth. This order reportedly led to a second strike, killing two remaining survivors and, in Huntley’s view, violating the laws of naval warfare and international law, which “give a protected status to shipwrecked personnel.” Mary and Andrew then take a moment to reflect on the tragic shooting of two National Guard members last week and an appellate court ruling affirming a lower court finding that Alina Habba’s appointment as acting US Attorney in New Jersey was unlawful. Further reading:  * Todd Huntley’s interview in The New Yorker: The Legal Consequences of Pete Hegseth’s “Kill Them All” Order. [https://www.newyorker.com/news/q-and-a/the-legal-consequences-of-pete-hegseths-kill-them-all-order] A former military judge on the Trump Administration’s contradictory—and likely unlawful—justifications for its Caribbean bombing campaign. * Here is the original reporting on the 2nd strike by the Washington Post: Hegseth order on first Caribbean boat strike, officials say: Kill them all [https://www.washingtonpost.com/national-security/2025/11/28/hegseth-kill-them-all-survivors-boat-strike/].  Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.

Preview of “Rachel Maddow Presents: Burn Order”

Rachel Maddow’s new series lays bare one of the most shocking decisions in American history. It’s story that reveals how an executive order authorizing the mass roundup of innocent Japanese Americans came to be, the powerful players who engineered it, and the burn order that tried to erase it from history. Stay right here to listen to a special preview of “Rachel Maddow Presents: Burn Order.” And for the full episode, search for “Burn Order” and follow the show. Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.

Lawlessness in Progress

Amid an abundance of legal issues Mary and Andrew are keeping tabs on, this episode begins with the dismissal of the cases against both James Comey and Letitia James over the unlawful appointment of interim U.S. attorney Lindsey Halligan. The co-hosts work through the judge's decision before reviewing some of the procedural missteps made by Halligan in the Comey case. Next comes the news that the Pentagon is investigating Senator Mark Kelly over a video he and other lawmakers made assuring military personnel they are not obligated to follow illegal orders. As Andrew notes, “Isn't that the law? And isn't that what a president and the head of the Department of Defense want?” And last up, Andrew and Mary touch on a double standard over redistricting efforts, as the Justice Department sues California under a pretense of racial gerrymandering, while notably refraining from leveling similar challenges to Texas’ redistricting plans.  Further reading/watching: * Here is the Washington Post piece Mary and Andrew referred to: White House blew past legal concerns in deadly strikes on drug boats. [https://www.washingtonpost.com/national-security/2025/11/22/drug-boats-strikes-cia-legal-concerns/] * WATCH: Here is the video from Sen. Kelly and others: We want to speak directly to members of the Military and the Intelligence Community... [https://www.youtube.com/shorts/Fk9Gh3qwW4I] Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.

Introducing "Rachel Maddow Presents: Burn Order"

"Rachel Maddow Presents: Burn Order" is the story of one of the most shocking decisions in American history: the executive order to target and round up innocent citizens, Japanese Americans, at the outbreak of World War II. This six-episode narrative podcast will examine and shed new light on how that policy came to be, who was behind it, who attempted to stop it, and the heroism needed to end the policy for good.  Listen to the trailer here and search for “Burn Order” to follow the show.  The first two episodes drop December 1st.  Sign up for MS NOW Premium on Apple Podcasts to listen to this show and other MS podcasts without ads. You'll also get exclusive bonus content from this and other shows. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.