Jack - “You Serve No Man”
Episode Date: March 23, 2025Kash Patel is pushing ahead with a plan to decentralize the FBI by dividing it into three regions except for the three largest field offices which would report directly to Dan Bongino.Interim DC US At...torney Ed Martin– an election denier– has announced he has opened a criminal investigation into 2020 election fraud.American intelligence agencies circulated findings last month that the Tren de Aragua gang is not controlled by the Venezuelan government– a key component of the Trump administration's invocation of the Alien Enemies Act.Attorney general Pam Bondi wants to intervene on behalf of Donald Trump in a series of January 6 civil lawsuits against him.Plus listener questions.Questions from Listeners Follow AG Substack|MuellershewroteBlueSky|@muellershewroteAndrew McCabe isn’t on social media, but you can buy his book The ThreatThe Threat: How the FBI Protects America in the Age of Terror and TrumpWe would like to know more about our listeners. Please participate in this brief surveyListener Survey and CommentsThis Show is Available Ad-Free And Early For Patreon and Supercast Supporters at the Justice Enforcers level and above:https://dailybeans.supercast.techOrhttps://patreon.com/thedailybeansOr when you subscribe on Apple Podcastshttps://apple.co/3YNpW3P
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MSW Media.
Cash Patel is pushing ahead with a plan to decentralize the FBI by dividing into three
regions except for the three largest field offices, which would report directly to Dan
Bongino.
Interim D.C. United States Attorney Ed Martin, an election denier, has announced he has opened a criminal
investigation into 2020 election fraud.
American intelligence agencies circulated findings last month that the Tren de Aragua
gang is not controlled by the Venezuelan government, a key component of the Trump administration's
invocation of the Alien Enemies Act.
And Attorney General Pam Bondi wants to intervene on behalf of Donald Trump in a series of January
6 civil lawsuits against him.
This is Unjustified.
Hey everybody, it is Sunday, March 23rd.
I'm Alison Gill.
And I'm Andy McCabe.
Thanks for listening, everyone. And of course, at the end of the
show, we're going to take some listener questions. If you'd like to submit a question, there's
a link in the show notes that will take you right to the submission form. But now with
that business out of the way, let's get right into the, you know, another slow news week
on DOJ stuff.
We have so much to cover.
We're like, no, no pleasantries, not even like a, how are you?
We got to get right into this first one.
That's right.
We got to roll.
We got to roll.
All right.
Buckle in folks.
Okay.
So today we start with Cash Patel's vision for the FBI.
The New York Times reports, Cash Patel, the FBI director is pushing ahead with a plan
to decentralize the agency's command structure and divide the Bureau
into three regions, according to an internal email
obtained by the New York Times.
The move will mean that in effect,
the top agents in 52 field offices around the country
will no longer answer to the deputy director,
a significant departure from the way
the Bureau has done business.
Instead, those field offices will report
to three branch
directors at headquarters who will be in charge of the east, west, and central regions. The
remaining three FBI offices, and the largest in the country, New York, Washington, and
Los Angeles, will answer to the deputy director.
Quote, these changes are meant to empower our SACs through improved engagement and leadership
connections, said the email, which was sent on Friday, referring to special agents in charge who
typically oversee field offices in a given region.
Huh, so they all used to report to the deputy director of the FBI. If I only knew someone who
had served as deputy director of the FBI that
might have some information or an opinion about this, do you know anybody?
Not only do I know several former FBI deputy directors, I'm on good terms with all of them,
I actually was one. So I'm happy to share with you all of my biting comments about this
strategy. But let's press through the rest of the information.
Yeah, absolutely.
So the New York Times continues that this represents a shift after a quarter century
of an FBI run under a structure put in place by, guess who, Robert S. Mueller III after
the September 11th attacks.
The model was established to address administrative lapses
and bolster efforts to deter terrorism.
In Mr. Patel's iteration, he has appointed a total
of five branch directors, eliminating the executive
assistant directors who previously managed the FBI
on a daily basis.
The swift decision to alter the hierarchy of the FBI
comes just weeks after Patel was confirmed,
which raises obvious questions among former and current agents about the thoroughness of the plan.
In particular, they said, they worried that the changes could result in less coordination
between field offices and create intelligence gaps.
Kind of the whole reason Robert Mueller organized it this way.
That's right.
That's where I've heard that before. Still, even former senior executives skeptical of Patel's leadership and relative lack of
experience, that's a nice way of putting it, believe that the new model, while imperfect,
could be an improvement and certainly reduce the deputy director's immense responsibilities.
In theory, the move could help the new deputy director, Dan Bongino, who has never worked
for the FBI and has a limited understanding of its complex and global operations, transition
into an important role that has traditionally been filled by a senior agent.
The changes could free him up more to handle domestic and international investigative and
intelligence activities, among other things like working out and doing a podcast.
Okay, no, that wasn't any article. I added that, sorry. The previous deputy director had dozens
of direct reports, including all the top agents in the field. As a part of his plan, Mr. Patel
named five acting branch directors to essentially run the FBI after the former executives in charge
of those programs were abruptly pushed out.
Among them is Michael Glesheen, who ran counterterrorism at the Washington Field Office
after the attack on the Capitol on January 6, 2021, when he took that job in August.
Glesheen will be in charge of, quote, field services.
But what responsibilities fall under his purview were not exactly clear.
Previously, the Bureau had executive assistant directors for science and technology and
intelligence. Former FBI officials said Mr. Patel decided to put intelligence
under the operational control of the National Security Branch.
Now, go with me on this one here. Mr. Patel has said, quote,
Now, go with me on this one here. Mr. Patel has said, quote, the biggest problem the FBI has had has come out of its intel shops. I'd break that component out of it. I don't have
any idea what that means.
No, I know. It because he literally says the biggest problem the FBI has had has come out
of the intel shops.
So break it out.
Like if he just said I want to break it that I would understand it would make sense.
Yeah, because that seems like that's what's happened.
Break it out of it.
Okay.
Anyway.
Also promoted was Steven Jensen, who was tapped to oversee the Bureau's national security
programs.
Mr. Jensen most recently ran the FBI's field office in Columbia, South Carolina.
A former agent said the selection of Mr. Jensen stood out because he ran a major section at
the FBI that helps manage the threat of domestic terrorism. And in that role, he helped coordinate
the FBI's nationwide investigative efforts in connection with the January 6th attack
on the Capitol. In a speech at the Justice Department on Friday, which was bizarre, Mr.
Trump said he had pardoned hundreds of
political prisoners who had been grossly mistreated. We removed the senior FBI officials who misdirected
resources to send SWAT teams after grandmothers and January 6th hostages. Now, the president's
director, Mr. Patel, is promoting the men Mr. Trump has falsely accused of wrongdoing.
Yep.
The Jan 6 investigation was the largest in the Bureau's history, with more than 5,000
FBI employees taking part in about 2,400 investigations.
Before Mr. Patel arrived, the FBI's acting leaders clashed with the Justice Department,
which had demanded the names of Bureau personnel who worked on the investigations. The demand elicited fears at the time that
the administration would conduct a purge or make their names public, possibly
putting their lives at risk. So far, so far, the Justice Department has not done so.
Yep, and critics of the agency have said that if the Bureau had taken a
more aggressive stance in the run-up to January 6th, the rioting at the Capitol might have been prevented.
But the bureau lacked imagination and failed to connect the dots, ultimately missing a
chance to thwart the domestic terrorism attack that further polarized the country.
That's from the New York Times.
So apparently there was some parts of this article, you know, we were reading the standout
parts there and just some excerpts, but there were some other parts that said that this
isn't a new idea. Some guy had done a white paper on this decentralization idea. There
were a couple of people that have pushed for it in the past since Mueller put it into practice,
the way that it was structured before Patel got there.
What's your insider knowledge of the idea of decentralizing the agency in the past?
Because you were there for a long time.
Oh, yeah, yeah.
I have had this discussion.
I've been involved in these processes that considered exactly this option several times.
It's come up many times over the years, each
time ultimately getting shot down. So first, a little context. Yes, the FBI deputy director
job is crazy. It's an insane number. It's something that was something like 78 or 80
direct reports. And that was everybody from staffers on the deputy director staff, all
the way up to the leaders of every field office. There are 56 field offices. So it's ridiculous scope of
authority. Any business school, you know, business academic would tell you that like
the ideal number of direct reports to a supervisor is something like between eight and 12 or
something like that.
At that level, yeah. I had like 300, but they were g s five sevens and nines yeah.
So it's not people thought about this before it's not crazy to think about reorganizing the fbi and restructuring things to work better that's a that's a legit thing for any director to do, but this is not new. And the fact that they jumped on it in two weeks,
because it's like a bright, shiny object,
really gives me pause.
Now, what he's saying about it,
the advantages that he cites in that email,
you will not achieve those.
So one of the reasons that it fell apart
so many times in the past is that the field offices,
i.e. the SACs, the special agents in charge
of those field offices, those 56 kind of kings of their own little kingdoms, they hated it. They detested
the idea of not being able to pick up the phone and call the deputy director directly,
personally, every time they had a problem. They didn't like the idea that anyone other
than the deputy director would be reviewing them at the end of the year in their performance
review, which is the thing that leads to your bonus. So these are all important things to them.
The fact that they are kind of going along with this now or feigning support for it tells me that
they've decided, shut up, smile, and say, great idea, boss. And I'm sure, I know from talking to
people who are in the in the bureau, that's
what's going on with the SACs right now. They're all coming back to headquarters for TDYs to
do jobs that Patel and his crowd have fired their friends out of because those things
still need to get done. And everyone's trying to be like, you know, please don't let the
firing crosshairs land on me. I've got another year to go before I can retire, blah blah blah.
So I think they're putting up with something that normally they would think was a bad idea simply because they don't want to get
punted. This whole thing about these regional directors for things like human resources and science and technology or field services.
That's the same functions that the EADs did.
So essentially he fired six and hired five.
That's not like a major change.
It's kind of shifting the chairs on the deck chairs on the Titanic.
The comment about the Intel division, intelligence was a part of the national security branch.
It was born there.
It grew there, developed there.
We split it out and turned it into its own branch in probably like 2015 or something
like that.
Because in the development of a professional intelligence cadre, we felt like it was important
that they operated on the same level as the operational
branches. We were constantly trying to generate professionalism, integrity, pride, and respect
for the intelligence professionals within the Bureau because it's an uphill fight for
them, right? It's an agency of agents. And we had to really work to create a co-equal role there.
They certainly are not the problem of any, even the things that Cash Patel would identify
as the FBI's problems, quote unquote, in the last couple of years.
None of that stuff is the fault of or the responsibility of the Intel branch.
But nevertheless, this is,
it's pretty big decisions to be making on week two.
I'll tell you that.
We studied these things extensively.
We brought in McKinsey several times
to do formal consultant surveys,
they interview hundreds of people
and they would ultimately come back and say don't do it.
And that's what worries me about this, right? Is that if this were you or Mueller or even
Comey and you set up work groups and you've got the Brookings in, you brought McKinsey
in, you brought Booz Hamilton in, Booz Allen in, you had a bunch of eyes on it, you did
years worth of studies,
wrote several white papers. I think there was like one white paper on this back in the
day and they ended up deciding it was a bad idea. But if this were done properly to help
alleviate the kind of crazy job that the deputy director has with all of those direct reports, like five times too many direct reports, then
sure. But it's not like this ground has been gone over multiple times before. And so now
they're just doing it and they're doing it with a podcast bro and whatever the hell Cash
Patel is. Yeah, and the thing that really bugs me
is not even bigger picture than just the decision
they make to restructure, is the fact that they're
choosing to do something without any understanding
of the fact that it's already been looked at 50 times.
And the reasons it was walked away from,
not 50 times, but a couple of times.
So it's a vision into the way they're thinking and making decisions without any understanding
or really interest in the organization's history and why it is the way it is today, how it
got to be the way it is today, whether that's effective or ineffective or efficient or inefficient. However you look at it, you know, it's very
hard to make good decisions about restructuring something that you don't even know why they're
structured that way to begin with, but they just roll in and decide, this sounds cool,
let's do this.
Well, that's their way, right? I'm thinking of the trans troop ban for military service. Zero, I mean, there
have been a ton of studies on this already. I know Matt has did a bunch of white papers
on it and found that transgender people serving in the military didn't have any negative impact
on costs or morale or readiness or war fighting capabilities or anything like that. There's been tons of
studies. But instead of citing any of that, the only thing the government is saying is
that, well, we believe that people who have gender dysphoria are dishonest by nature or
whatever their BS was. And Judge Ana Reyes, who I'm becoming a big fan of, actually pointed
out, like you have zero studies attached to your
Right. Exactly.
your ban here, but you had eight studies attached to your paper straw ban.
Yeah.
So if you're going to ban paper straws, if you want to ban human beings from the military,
I would expect at least as much study as you gave paper straws.
Paper straws. Yeah.
Like it was just that this is which you know in that particular
case shows pretext. I can't figure out the pretext for doing this.
Yeah. This is just the insanity of overconfidence. There's nothing quite as dangerous as someone
in a significant leadership position who has so is so overconfident of their abilities, their experience,
their perspective, that they don't even know
what they don't know, right?
Like Jim Comey comes into the FBI and he said,
I'm gonna visit every single field office
in the first year that I'm here,
and I'm not gonna change anything for a year.
I'm gonna spend a year listening to people
and trying to understand, to learn about this organization,
to figure out who are these people,
why are they here, what's important to them,
what works for them, what doesn't,
and then I'm gonna start tweaking things
that need to be adjusted.
Of course things need to be changed over time.
It's an organic developing thing.
You should constantly be committed to making it better.
But to think that you could do this in week two, man, good luck. This is just rolling the dice.
You know, biggest difference between transformational leaders and transactional leaders.
Yeah.
So, all right. And I'm sure you've taken a leadership seminar or two in your time.
A couple.
A couple?
A couple. Made a few decisions along the way.
Some of them worked out, some of them didn't.
But you know.
But that, I mean, that's a big thing in a government.
I joke, but like I must have been to, I must have spent a thousand hours in leadership
seminars from the government.
Particularly the week long healthcare leadership development program.
I mean, it's intense.
One of the things that my, this is a total aside, but my former FBI compatriots who are
now all in the private sector, big companies and things like that, the most consistent,
of course I'm not in that world, so I'm always asking them questions about it.
The most consistent thing they tell me is like, you can't believe how poor the level of leadership is in so many of these companies. Like people are in big
jobs or they're making impactful decisions without any leadership experience whatsoever.
Which is kind of frightening but.
It's interesting how far ahead, how far out front the government is on a lot of these
issues that people don't
generally realize, whether it's leadership, climate change, things like that.
All right, everybody. I remember sitting at the VA and finding out before any private
industry had done it that we were not going to discriminate or grant leave or make any
personnel actions because of somebody's, we already had race,
creed, etc, religion, but they added not not only did they add gender identity and sexual
orientation, but they also added familial situation, like, because people with kids
were getting more leave than people who didn't have kids, like, just really out ahead of
these kinds of issues, I always
felt, which I think surprises a lot of people considering the stigma against government workers,
which is only getting bigger now because of this administration. All right, we have a lot more to
get to. We're going to talk about our good pal, Ed Martin, there at the DC US Attorney's Office
right after this quick break. Stick around. We'll be right back
Hey everybody, welcome back. All right, I as promised we get to talk about our favorite person Ed Martin you mean mr. Midrow
He's literally responsible for a section of this podcast every week. Yes, he is.
It's amazing.
He's an election denier.
He's a supporter of the January 6th rioters.
He's the guy who was on both sides of that case he dismissed of a rioter.
That's what we called him Cicada Ed last week.
The Associated.
No, no, that was Horowitz who only came out every 17 years.
That's right.
That was Horowitz. My bad. I can't years. That's right. That was Horowitz. Yeah. My bad.
I can't, I can't keep my favorite people in DC straight in my head.
The Associated Press reports that the top federal prosecutor for the
nation's capital who promoted president Donald Trump's false claims at the
2020 election was rigged has formed a special unit, which is in quotes, to
investigate election offenses.
That's according to an email sent
to lawyers in his office on Monday. Interim District of Columbia, U.S. Attorney Ed Martin
said the special unit election accountability has already opened one investigation and will
continue to make sure that all the election laws of our nation are obeyed. And that's
according to an email reviewed by the Associated Press. So I guess,
you know, they do announce investigations. Yes, they do. Special unit election accountability.
I feel like you need to hear the law and order theme when you say that. Exactly. Martin,
who was awaiting Senate confirmation to permanently take the position,
was involved in the Stop the Steal movement,
which was animated by lies about fraud
after Trump lost the 2020 election to Democrat Joe Biden.
Martin also served on the board of a nonprofit
that raised money for Capitol riot defendants
and their families, and legally represented
at least three defendants in the January 6th, 2021
Capitol riot criminal
cases, including a Proud Boys member who pleaded guilty to felony charges.
In the email announcing the new unit, Martin recounted uncovering voter registration fraud
while serving as chairman of the board of elections in St. Louis years ago.
That led to the implementation of quote, accountability measures to make
sure that electronic machines had a paper trail, he wrote.
Mm hmm. Quote, nearly 20 years later, Americans do not have confidence in our election systems.
That's what Martin wrote. Quote, one of the best ways to restore that confidence is to
protect our systems and demand accountability and make it really hard for Democrats to vote
so we always win. I added that last part.
Oh, I thought that was in the.
We know what he's thinking. Martin did not provide additional details about the investigation
his office already opened and spokespeople for the office didn't immediately respond
to requests for comment. But officials at the Justice Department didn't immediately
respond either to questions about Martin's effort, which was first reported by Bloomberg
Law.
Democrats reacted skeptically to Martin establishing the unit, noting his involvement with Trump's
efforts to spread false claims about the 2020 election.
California Senator Alex Padilla, the top Democrat on the Senate Rules Committee, which oversees
elections, said he is concerned that the unit would be, quote, more focused on attacking
political enemies than protecting Americans' right to vote in free and fair elections.
Maryland Representative Jamie Raskin said Martin's new unit is, quote, all about installing
a nationwide policy of heads I win, tails you lose.
If the GOP wins, there's a mandate to trash the Constitution.
If they lose, it means the election was stolen," said
Raskin, the top Democrat on the House Judiciary Committee. America is going to have to defend
free and fair elections against these autocrats and veteran saboteurs of democracy.
I like that. Veteran. They're now veteran saboteurs of democracy.
The Trump administration had been expected to shift the Justice Department's priorities
around investigating voting and elections.
We saw this coming in other words.
The agency has historically targeted voter suppression efforts and state laws that could
disenfranchise certain groups, but conservatives have called for an increased focus on voter
fraud, of course.
The scope of Martin's unit is unclear, and it raises questions about whether he's seeking
to investigate cases outside the realm of his authority.
I can guarantee you he is, but because it's limited to the District of Columbia, right?
And this is what David Becker, former US DOJ attorney who leads the Center for Election
Innovation and Research, a Washington based nonprofit says, quote, I'm waiting to see
more about what this unit actually is, what jurisdiction it purports to claim, what authority it tends to seize, and
what laws it purports to enforce.
And this is from Becker.
And again, elections are administered by states.
Yeah.
Yeah, that's right.
Which you think the boss of the election committee in St.
Louis would have known, but apparently not.
Voting and elections experts express doubts that the new unit would improve Americans'
confidence in elections.
You think?
The false idea that there is rampant fraud in US elections, quote, undermines public
faith in the vote rather than bolstering it, said Sean Morales Doyle, director of the voting
rights program at the nonprofit Brennan
Center for Justice.
There is no evidence of widespread fraud in the 2020 election.
I'm going to do that one more time.
There is no evidence of widespread fraud in the 2020 election.
The results were confirmed through multiple recounts, reviews, and audits. Trump lost dozens, actually 60 or more, of court challenges,
including before judges he appointed during his first term. His allies have also raised the
specter of widespread illegal non-citizen voting in U.S. elections, though in reality,
this form of fraud is exceptionally rare, which AG makes perfect sense because if you
were here without documents and you're an illegal alien, as they say, probably the last
thing you're interested in doing is voting.
You're here to make some money, send it back to your family, whatever you got to do.
You should just wear a shirt that says, I'm undocumented.
Yeah, right?
You're going to roll up to a polling place where the first thing they do is ask you for your identification? I think not. But what do I know? Yeah. They go on to remind us
that Ed Martin has roiled the DC US Attorney's Office since he was appointed to the job in
January. He recently demoted senior leaders who handled politically sensitive cases and forced
the chief of the office's criminal division to resign after directing her to scrutinize the
awarding of a government contract during the Biden administration. That was Denise Chung,
right?
That's right.
Martin has also raised eyebrows. This is, again, a nice way to put it, for describing
federal prosecutors as the president's lawyers, using his office as a platform for parroting
Trump's political priorities and sending warning letters to at least two members of Congress
for statements they made. He recently sent a letter of inquiry to Georgetown University
Law Center's dean that warned that his office will not hire the private school's students
if it doesn't eliminate diversity, equity, and inclusion programs. Andy, this makes me
think back to the DOJ in 2020. We remember Donahue and Rosen and Jeffrey Clark wanted
to get them to sign that letter, sending a letter to
swing States falsely stating that, that the DOJ was investigating voting
irregularities and Rosen and Donahue refused to sign the letter and the push
back in that wild oval office meeting where they told Trump if he made
Jeffrey Clark, the attorney general, they'd all quit and he'd be in charge of
a graveyard.
Mm-hmm.
Well, now the entire leadership is filled with sycophants that will do anything he tells them to do.
Totally. Totally. And that was...
It's frightening.
I mean, again, as it was so many aspects of what we're seeing from this administration now,
this one also was totally foreseeable.
Mm.
Totally foreseeable.
We predicted it.
We knew it would happen.
Trump and his...
There'd be no Hirshmans.
There'd be no Cipollonis.
There'd be no...
The staff, the people that fill these top positions,
very different this time.
I'm not that, you know,
I wasn't a huge fan of them the last time,
but there are no, their
pushback is not a thing within this administration.
Yeah, I'm no Cipollone fan by any stretch.
Right?
Right?
But, or, you know, even going back to Don McGahn, right?
Who was like, no, I'm not going to fire Bob Mueller, sir.
You know?
Yeah, exactly.
Those guys, you know, there's no one at their level.
There's no one there now who would be willing to stand up and say that guys, you know, there's no one at their level. There's no one there
now who would be willing to stand up and say that because, you know.
Because they're all a bunch of Jeffrey Clarks.
Kicked out of the party bus. Yeah, for sure. So, I mean, that argument about lack of independence
at DOJ brings up this reporting from NPR. A prosecutor with years of experience at the
US Department of Justice has resigned amid
major changes from the Trump administration, telling NPR, quote, It just was not a Department
of Justice that I any longer wanted to associate with.
In a sharp resignation letter shared with NPR, former assistant U.S. Attorney Sean Murphy
warned of the erosion of the Justice Department's independence from the president, writing to his coworkers, quote, You serve no man.
Yeah.
And Murphy is a veteran prosecutor who previously worked for the Bronx DA in New York.
And in 2018, during Trump's first term, he joined the US Attorney's Office in Puerto
Rico and worked on drug trafficking and illegal gun prosecutions.
Most recently, he served in the Department of Justice's Capitol
siege section, which prosecuted more than 1500 people for crimes stemming from
the January 6th, 2021 attack on the Capitol.
Now, when Trump took office, he immediately granted clemency to all of
the January 6th defendants, even the most violent offenders and those with lengthy
criminal records and his administration fired and demoted many prosecutors who worked on those cases.
As a result, Sean Murphy said he simultaneously faced threats and harassment from January
6th defendants who were emboldened by their presidential pardons, while also having to
fear retaliation from the administration.
Quote, there are some posts on social media saying that prosecutors, quote, need to fry,
that prosecutors need to get the rope
That's what Murphy said comments naming prosecutors directly saying now. It's your turn
It's frightening. It is and Murphy has three children all of whom are still in school
He said getting fired would cause serious consequences for his family's financial situation
Still over the course of the last two months, Murphy told NPR that
he questioned whether he could remain in the Department of Justice given its new direction
under Attorney General Pam Bondi, a Trump loyalist. The recently installed FBI Deputy
Director, a former Secret Service agent turned podcaster named Dan Bongino, has also repeatedly
called for prosecuting Trump's political opponents. Most concerning to Murphy has been the erosion of the Justice
Department's independence from the president.
After the Watergate scandal during Richard Nixon's presidency,
subsequent administrations put more distance between the president
and federal law enforcement to prevent politicization and abuses of power.
Quote, we all work for the greatest president in the history of our country.
Bondi said in a speech to the Justice Department last week, we are so proud to work at the
directive of Donald Trump.
Man, they've come a long way from having a hissy fit about the attorney general meeting
on the tarmac with Bill Clinton.
Right? And this is-
I mean, that was a mega scandal.
It was.
And I mean, I was one of the people
who was scandalized by it.
We were like, oh my gosh,
this is not gonna make anything any easier.
But I mean, the significance of the attorney general,
Pam Bondi, making those comments
to the entire Department of Justice in the hallowed hall of justice is
that is not just her like giving the president some flattery, which he loves. That is her
sending a message to the entire workforce. This is what's expected of you. This attitude, this fealty is what I am exhibiting this behavior because I want you to model
it.
Yeah.
And Murphy said, to maintain credibility, there has to be some separation between the
president and the DOJ.
There has to be some measure of independence, right?
And he also pointed to a statement posted on social media from Ed Martin, who we were
just talking about, interim US attorney for DC
and an activist for January 6th defendants. Quote, the interim US attorney for the District of
Columbia repeatedly referred to his office and himself as the president's lawyers. And that we
are not, Murphy said, we are not that. An assistant United States attorney and their only client
is the people of the United States
of America. None of us are the president's lawyers. That's what Murphy said. And his
resignation letter says, quote, together we address the grave national injustice. Me thinks
this is a better use of that phrase that occurred on January 6, 2021 at the seat of our nation's
government, the US Capitol. That's what Murphy wrote and went on to commend the police officers
who protected the Capitol that day. And he ended the letter with an entreaty to his now
former coworkers and bosses saying, may you renew daily your dedication to justice and
always seek to end each day secure in the knowledge that you showed up and sought justice
for your one and only client, the people of the United States of America. You serve no
man. Pretty good words.
Yeah, well done. Well done.
Did you know him?
I did not. No, I'd never heard of him before this article.
And I have to say, like, I mean, it's a bold thing to do, and my hat is off to him.
But I'm not surprised. And I'm not surprised that it's coming from a guy who spent so much time working on those prosecutions to have to step back from all
of that righteous commendable work under the law, enforcing the law in a fair and consistent
way to see all those people get pardoned from those crimes and from apparently many other crimes
some of them were involved with. That's got to be just galling. I mean,
Yeah. I wonder how the DOJ, some of them reacted when Pam Bondi said the words, you know, we're
working at the directive of Donald Trump. Anyway, we've got more January 6th stuff.
As we know, as you and I and listeners well know,
Jack Smith investigations against Donald Trump were closed, the criminal investigations, but there were still a couple of civil lawsuits out there that were allowed to go forward.
And now, Pam Bondi wants to attack those too. And we're going to talk about that
right after this quick break. Stick around. We'll be right back.
Welcome back. Speaking of January 6th, Alan Foyer at the Times reports, the Justice Department made
an unusual effort on Thursday to short circuit a series of civil lawsuits seeking to hold
President Trump accountable for his supporters' attack the Capitol on January 6th, 2021.
Department lawyers argued in court papers
filed to the judge overseeing the cases
that Mr. Trump was acting in his official capacity
as president on January 6th.
Does this sound familiar?
It does.
Acting in his official capacity as president on January 6th
and so the federal government itself
should take his place as the defendant in the case.
That move, if successful, could protect Mr. Trump
from having to face judgment for his role
in the capital attack
and from having to pay financial damages
if he were found liable.
The legal maneuver appeared to be Mr. Trump's latest effort to use the powers of the Justice
Department to his advantage by effectively having himself removed from the lawsuits,
which were brought against him by groups of Capitol police officers and lawmakers who
claim they were injured when the mob stormed the building.
The suits are the last remaining effort to hold Mr. Trump responsible for his role in
the Capitol attack after two January 6 related criminal cases against him collapsed
last year. Okay, collapsed? No, the cases didn't collapse. The Supreme Court
absolved Trump of the cases. Didn't collapse. Okay, just wanted to make that
clear in New York Times. The department's attempts to place the federal government itself in the lawsuit's line of
fire instead of Trump hinges on whether lawyers can persuade the federal judge overseeing
the lawsuits.
That's a meta, judge meta, that Mr. Trump was in fact acting in his official capacity
as president on January 6th.
This seems like a high hill to climb.
The department has argued that under the law, federal officials
acting within the scope of their office or employment cannot be sued personally. And
that in such instances, the government is the only entity that can be targeted. But
whether Mr. Trump was acting on January 6th in his official role as an officeholder and
not in his unofficial role as a candidate in the 2020 elections is an open question.
Mostly because the Jack Smith stuff went unresolved,
right? Because we never got back up to the Supreme Court because we never got Judge Chutkin's
ruling on what were official acts when the election happened. Judge Metta is already
considering a separate motion by Trump's lawyers to dismiss the lawsuits altogether on the
grounds that he was acting in his formal role as president.
Three years ago, in an earlier round of motions, Judge Meadow rejected those same claims, saying
that the lawsuits could move forward to trial. The following year, a federal appeals court
largely agreed with him, but said there needed to be more fact-finding about whether Mr.
Trump's speech near the White House on January 6th and several messages he posted
on or about that day were presidential acts or the acts of a candidate seeking re-election.
Yeah, and this is fascinating. I remember, do you remember when Mo Brooks tried to get
the DOJ to come in and cert him? Yeah.
And DOJ was like, well, no, because the speech that you made at the ellipse was a campaign speech.
This is what the DOJ said.
And if the court disagrees and says
it wasn't a campaign speech, then you still
can't say that overthrowing the government is
part of your government job.
That's what the DOJ said at that particular point in time.
That was a while back.
Pretty sure it was under the Biden administration. But anyway.
Yeah, this is an interesting one because it draws on this issue of sovereign immunity.
In fact, for instance, if I'm out doing a surveillance, driving an FBI car, and I get
into a car accident with someone else by accident, that person who I hit, they might file a lawsuit
against me personally. But what I would do is ask
the Department of Justice to represent me in that civil suit. And they would because I was acting in
the scope of my authority doing a surveillance. And the first motion they would file would be to
remove me from the case as a person and replace me with the United States government. The government
is the entity you sue. If you have a claim for damages that were inflicted upon you
by some government action, you have to sue the government,
not the person who was just acting
as an agent of the government.
So that's his theory here.
But if on your way to that stakeout,
you decided to stop and rob a bank,
then the government's not going to step in.
Or I got drunk before the surveillance.
There's all kinds of ways that
you can be Mo Brooks out of being represented by the government.
Here it's interesting because earlier in the case, he filed a motion to dismiss, which
turns on the same factual finding of within the scope of your duty and he lost.
So that history of the motion to dismiss, it makes this motion
much harder for him now. But you know, you never know this guy, nobody has more luck
in court than Donald Trump. So I know, well, maybe he could try to delay it for a really
long time, which he has wanted to do. But yeah, when I sued Donald Trump and Robert
Wilkie and the Department of Veterans Affairs. Donald Trump
and Wilkie were successful in getting themselves personally removed from the lawsuit because
they were acting in their quote unquote official duty when they fired me. Anyway, litigation
pending. There's another story here about the Department of Justice I wanted to touch
on. If you've been listening to The Daily Bains or following me on social media, Mueller, she wrote, or
reading my Substack, you might have noticed that I'm following the Alien Enemies Act case
very closely. It's before Judge Boasberg, who's the chief of the DC District Court,
who used to be on the FISC, right?
That's right.
Issuing FISA's and whatnot.
And he's worked it within a lot of intelligence courts.
And he issued a restraining order last Saturday and ordered the planes that were in the air
to turn around and go back to the United States.
They were on their way to El Salvador via Honduras.
And he ordered them to be turned around and the deportees be returned to the United States.
The DHS
blatantly defied that order and so they're having hearings about that now and now they
have to show cause that they weren't blatantly defying the order, which is a step on the
way to contempt by the way. And they even had, the DHS even had a third plane take off
after the order was given. Now DOJ has made a lot of nonsense arguments in this case to
justify using the Alien Enemies Act, which has only been used thrice in our history, the War of 1812, World War I, and
World War II. And they've argued, the DOJ has argued that the president gets to decide
if we're at war, when we're at war, who we're at war with, and who belongs to members of
gangs involved in those wars, right? And the DOJ has relied on arguments that members of the Venezuelan
gang, Tren de Aragua, are here on behalf of the Venezuelan government. And apparently
we're at war with Venezuela. I don't know. But a DOJ lawyer even argued during a hearing
today, on Friday when we record this, that shortly after VJ Day, when World War II was
technically over in the Pacific theater, the president
still deported some folks under the Alien Enemies Act because he declared he felt the war was
still ongoing. That's the argument that they made today.
Okay. So the ramifications here are obviously frightening and the judge, Judge Boasberg,
acknowledged that. This could allow the president to declare anyone a member of any gang based on feelings, I guess, and say that that gang is acting on behalf of a foreign
government and use that to justify snatching anybody up if he wants off the streets and
deporting them to an El Salvadorian huge 40,000 person torture prison called CCOD.
But the crux of the DOJ argument is that Trento Aragua is acting on behalf of the Venezuelan
government and that gives the president and secretary of state the power to deport any
member of that gang according to them, but without defining what membership, gang membership
even is. However, New York Times is now reporting that American intelligence agencies circulated
findings last month, Andy, that stand starkly at odds with Trump's claims,
according to officials familiar. The document dated February 26th, summarized the shared
judgment of the nation's spy agencies that the gang was not controlled by the Venezuelan
government. February 26th.
Not long ago.
Yeah, not long ago at all. After inauguration, let's put it that way.
This disclosure calls into question the credibility of Trump's basis for invoking the Alien Enemies
Act of 1798 to transfer a group of Venezuelans to a high security prison in El Salvador last
weekend with no due process.
I'm really glad they put that in the article.
The intelligence community assessment concluded that the gang, Tren de Aragua, was not directed
by Venezuela's government or committing crimes in the United States on its orders.
That's according to the officials speaking on the condition, obviously, of anonymity
to discuss internal deliberations.
Analysts put that conclusion at a, quote, moderate confidence level, the official said,
because of a limited volume of available reporting about the gang.
Most of the intelligence community, including the CIA and the National Security Agency,
agreed with that assessment.
Only one agency, the FBI, partly dissented.
It maintained that the gang has a connection to the administration of Venezuela's authoritarian
president, Nicolas Maduro, based on information the other agencies did not find credible.
Quote, multiple intelligence assessments are prepared on issues for a variety of reasons the white house said in a statement the president was well within his legal and constitutional authority to invoke the alien enemies act to expel illegal foreign terrorists from our country.
The Alien Enemies Act empowers the executive branch to summarily remove foreign citizens
whose government is in a declared war with the United States
or is otherwise invading or engaging
in a predatory incursion into American territory.
The government last used the law in the internment
and repatriation of Japanese, Italian, and German citizens
during and after World War II.
Hmm. So somebody at the FBI says no. That sounds a little pretextual to me. Who? Right?
Yeah.
Yeah.
I mean...
Is this the... Is Jeffrey Clark at the FBI now?
Just say it and we and the representatives will do the rest.
We'll take care do the rest.
Yeah, because this is what he's basing this on.
Now, in this one FBI guy's kind of half-descent, whoever it is, in his proclamation, Trump
effectively summoned such a link into legal existence by saying that he had determined
that Trento Aragua was a proxy for the Venezuelan government and committing crimes in the United
States at the direction of the Venezuelan government because Maduro sought to destabilize the United States.
Okay.
There is no way on God's earth that any DOJ lawyer will be able to prove that in court.
Nope.
Quote, I make these findings using the full extent of my authority to conduct the nation's
foreign affairs under the constitution.
That's what Trump said.
But Trump's key factual assertions contradicted the earlier intelligence assessment. It concluded
that the gang was not acting at the direction of the Maduro administration and that the
two are instead hostile to each other, citing incidents in which Venezuelan security forces
exchanged gunfire with gang members.
It's a pretty good sign of hostility.
Yeah. And the assessment, this official also said that the assessment asserts that
when the state department designated the gang as a foreign terrorist organization
last month, the minister in the Maduro administration publicly applauded that
action.
The administration's move broke with the practice of limiting terrorism
designations to organizations that are clearly ideologically motivated by the way.
Aka terrorist organization.
The prior practice of limiting terrorism designations to actual terrorist organizations.
I can't believe that that's actually referred to as a prior practice, but here we are.
Yeah, these are the kinds of statements that we have to make now. That's right.
OK, so federal courts typically defer
to the executive branch's factual declarations
about what is happening and why, rather than
probing for what may actually be going on.
That is particularly the case in matters of national security
and foreign policy.
And although that paragraph is kind of clunkily worded,
it's true.
It's're important.
Right, courts give great deference
to the administration's conclusions
that are based on intelligence.
Because the court is not an intelligence agency.
They don't, you know, they take the government at its word.
When the government comes in and says,
X is a threat to the United States national security
for the following reasons, you know,
the courts give them a lot of deference. Yeah. So the article goes on to say, but such security for the following reasons, the courts give
them a lot of deference.
So the article goes on to say, but such deference is premised on the idea that officials are
making determinations in good faith and drawing on executive branch resources like intelligence
agencies to evaluate fast moving and sometimes dangerous situations.
Mr. Trump's pattern of distorting the truth is testing that practice. The administration's
insistence that all men it sent to El Salvador are members of Trende Aragua has also been
challenged. In one court filing, an official acknowledged that many have no criminal records,
but said that the dearth of details only underscored that, quote, they are terrorists with regard to whom we lack
a complete profile.
Yep. Yep. But guess what? In that hearing today, which I live skied, I guess what do
you call tweeting on blue sky, I live skied it. In that hearing today, the plaintiffs
for the Venezuelan, the five Venezuelans plus the now the expanded class
to include all people who are being deported under the Alien Enemies Act in this proclamation.
The plaintiff said that they'd be filing something about the fact that the Salvadorian government
actually turned many of them away and many of the deportees away because some of them
are women, some of them are not members of gangs or trend
are a rock at all. So there were a handful of people who they didn't take. Yeah. And
that kind of look that kind of shows that this was a shoot first aim later operation
and no due process was given. Yeah. Right. Because in the hearing today, the DOJ was
like, well, habeas, you just habeas,
habeas, habeas, habeas, habeas, you know, you can just do a habeas thing. And the judge
was like, really? Did you all tell them? Did you tell them all that? Did you? Wait, how
does this work? Yeah. And because he was like, as far as I know, this invocation of the Alien
Enemies Act was signed in the dark of night on a Friday night and people were rushed onto planes and
Then when I ordered you to bring them back, did you not understand my order?
Yeah, and the DOJ guy was like, well, I don't know all the laws all the time
And I can't be expected to know all that and the judge is just like wow, man
And he looked right at that. He looked right at the government said, you know what?
I often tell all of my clerks who work here for me that their number one asset is their reputation. I was
like, Ooh, that's judge language for you all are terrible, awful people and I don't like
you.
That's yeah, it's like you should be ashamed of yourself language basically. Yeah, totally.
All right.
We have one more quick story.
And then of course, we're going to take some listener questions.
Again, if you have a question, there's a link in the show notes.
You can click on to fill out a form, submit your question to us and we'll read it on the
air.
You can do that again by clicking the link in the show notes.
We'll be right back with that last story and our listener questions after this quick break.
Stick around.
We'll be right back.
All right, everybody. Welcome back. One more quick story before we get to listener questions. This comes from CBS. And you and I've talked about this quite a bit. And I know I've talked to Pete
Strzok about it too, about this guy. A longtime FBI agent has been charged with unlawfully taking
and disclosing protected FBI files, according to court records reviewed by CBS.
Jonathan Buma, who specialized in national security and terror cases, has been released
on a $100,000 bond with orders to appear in court in Los Angeles.
Buma was arrested as he boarded an international flight at JFK Airport in New York, according
to charging documents.
The Justice Department's filings allege Buma printed a cache or caches of FBI records from an internal agency network. Nearly
130 files might have been compromised, according to FBI investigators. The government argues
the records were clearly marked as confidential or secure and were copied by Buma in the hours
before he left his job in the bureau in October of 2023. Oof.
Yeah, yeah, yeah, yeah.
The charging documents.
So this investigation has been going on for a while, just so you know.
The charging documents also alleged that days after taking copies of the records,
Buma used social media to post excerpts of a book he was writing about his
career at the bureau.
Double oof.
Federal investigators alleged that the book included information Boomer obtained from
the FBI about an investigation of a foreign nation's weapons of mass destruction program.
Dude, tell us just briefly about what you got to go through to get a book published
about the FBI.
Oh my God.
It took, I mean, a process that by the policy is supposed to conclude within 30 days, I
think took me six months and like battles on the phone.
They started with 80 redactions from my book.
You couldn't even call it Crossfire Hurricane.
No, I wasn't allowed to refer to the case as Crossfire Hurricane.
Even though I showed them that they were like over, when you Googled Crossfire Hurricane,
you got 200,000 results that talked about it.
I was calling it Crossfire Hurricane.
It was called Crossfire Hurricane.
Yeah, and a month after my book came out,
my good friend and no rocks thrown at him,
Josh Campbell published a book called Crossfire Hurricane.
He titled his book Crossfire Hurricane. I was like,
what? Oh my God. Anyway.
He's great though. Campbell's great.
Oh, I love Campbell. Yeah, he's a good dude. All right. If Boomer sounds familiar, before
he left his job, he claimed to be a whistleblower and was publicly critical of the Trump administration
during President Trump's first term. He had also testified before a Senate committee in 2023 that his informants were the first
to alert the government about the possible misconduct by Hunter Biden business dealings
in Ukraine with an energy company.
He said they provided information, quote, concerning Hunter Biden's escapades in Ukraine
with Burisma and how he used his position as the vice president's son to get a lucrative
position.
According to the charging documents, Buma is also accused of saving screenshots of messages
he exchanged with a confidential FBI source.
Ouch.
Double oof, triple oof.
That's not a good idea.
In court filing submitted to a US district court in New York, investigators referenced
Buma's own book manuscript. In one section, Boomer refers to himself as quote, one of the nation's
top performing counterintelligence agents.
Man, when this story came out, like in 2023, I think 2023, people were like, Oh my God,
did you see this whistleblower? This is great, amazing whistleblower. And I was like, super
I was like super sauce. He was kind of sketch because of the wording
that he was using about calling himself
the number one terror guy.
And I talked to Pete about it and Pete's like,
yeah, that's not what that's called.
And this guy sounds a little off.
And then we had found out that some of his
confidential informants include like Chuck Johnson
and Eric Garland, who fancy themselves
some sort of spies. I don't know, but it was just all real weird. And I was like, I don't
know. I want to see where this goes. So now he's been, he's been arrested at the airport.
That's not good. Not good at all. And I don't know what happened here. I'm not going to
make assumptions about it, but there's a couple of things in the story that are a little bit
weird to me. Like the fact that they're only alleging that he unlawfully
took protected FBI files that were marked secure or confidential. What you're not hearing
in those sentences is top secret. Like technically confidential is a classification and the three levels of classification, but
man you hardly ever see that in the FBI.
There's hardly anything, anything worth anything is classified, at least secret.
So I don't know.
And I don't know what he took, but certainly sounds like it might have been for the purpose
of helping him write the book or something.
I mean, I don't know.
My algebra notebook from nuclear power school had to be stamped confidential.
There you go.
But it was also algebra and calculus.
They probably looked at the algebra and they're like, doesn't matter because no one will understand
this.
Calculus is, no, it's not classified. It's confidential. Okay. All right. But to be fair,
we were solving equations about power of the reactor and stuff.
Maybe that's why I was so bad at calculus in both high school and college because I just,
you know, it was a confidential thing and I wasn't good to it.
All right. What do we have today for listener questions?
Okay. So this first one I'm bringing for a particular reason, I think she hits on something
that I, that I is worth shedding some light on here. And so this comes to us from Jen,
and she starts by saying,
I consider myself lucky each week
to be enlightened with your takes on the,
I'll say nonsense, going on inside the halls of main justice.
Sorry, Jen, I had to throw a little edit there.
So thank you for the time and effort
you put into the podcast.
My question relates to some of the language
used in several of the court decisions
that have come down in the past few weeks. Many of the judges use the word
likely, as in likely unconstitutional. Is this because they are rendering a preliminary
decision without having heard all the evidence yet? The word seems so vague and uncertain.
And it has worried me that these decisions may not stick. Thanks in advance.
I think I know the answer to this. These are a lot of temporary restraining orders
or preliminary injunctions that haven't been heard on the merits yet.
Exactly. Such an important point, AG. Of course, you jumped right on it. It's-
Yep. I stole the punchline.
No, but people need to remember that what we're talking about in the Boasberg case and many
of these others is the first step in any of these cases
is to issue a stay or just stop the government from doing the thing that's been alleged illegal
or unconstitutional or harming someone. The judge is not making a qualitative decision
what at this point as to whether the government is right or wrong or did something unconstitutional.
They're making a decision as should we tell the planes to turn around or should we tell the government to unfreeze the money that was previously
being paid to these people, that sort of thing. So Jen, you're correct. When a judge says,
I think what I've seen is likely unconstitutional, he's just offering that as like his impression at this point, but it's not a firm judgment
at this point that the action was unconstitutional.
Well, right.
And one of the standards in order to issue a temporary restraining order is that there's
a likelihood of success on the merits.
And likely is built right into that likelihood of success on the merits.
So sometimes what they're saying is likely unconstitutional so they're going to be likely to win on the merits, which allows me to issue
this restraining order.
Yeah, for sure. So it's a good pick, Jen, and it gives us an opportunity to, I think
it's helpful for people to kind of remind themselves that like we're at the very beginning
of what, as you listeners all know, can be a long and torturous course through litigation.
This is the very first steps.
And so we don't have final decisions just yet.
Yes.
And as much as we would like to see them thrown in jail for contempt, you can't circumvent
due process, especially in a case about due process.
Yeah, right.
I mean, that's why we're all here every Sunday.
We care about due process because it's really
important for everyone. Even people you don't like, when they find themselves clamped within
the jaws of justice, they get due process too. And that's how we know when we get clamped
in the jaws, we get due process. That's how it works here.
I remember in my blue heaven where Steve Martin, who's playing a mafia guy named Vincenzo,
Vinny is like, because the FBI guy comes in who's, you know, his handler because he's
going to testify in some mob case, mob trial. And he's played by Rick Moranis and he's yelling
at the district attorney for arresting Vinny, right? And you're not going to book him on
anything. You're not going to book him on anything. This was an illegal search and seizure anyway. It's right there in the fourth amendment.
And he goes, yeah, it's right there in the constitution. And she says, yeah, but they
didn't put it in there for you. And Vinnie goes, I actually, I'm exactly the guy they
put it in there for.
Exactly right.
If you haven't seen My Blue Heaven, please do.
Yes.
I don't think I ever have, but I will.
I will.
It's an FBI guy with a mob guy who's he's got to keep alive to testify at trial and
it's Moranis and Steve Martin.
I mean, you can't beat that lineup.
And the DA is Joan Cusack.
Nice.
Very nice.
All right.
So second question comes to us from Michigan State Rep, Kerry Reingans.
So rare that someone puts their whole name in the question.
I thought, hey, Kerry, good for you.
Okay, Kerry says, given Chief Justice John Roberts' statement about Trump's politically
motivated call for impeachment of the judge that ordered the return of the deportees illegally
deported under the guise of the wartime Alien Enemies Act, might Roberts and the return of the deportees illegally deported under the guise of the wartime alien enemies act might Roberts and the rest of the Supreme
Court be slightly less supportive of Trump and the next Trump argument about
presidential power and she says looking for a silver lining here. We talk about
this a lot on the Daily Beans and over on Clean Up on
All 45 with Harry Dunn as well. Because in order to stay smart, I read Steve Vladeck's
blog, One First. And he talks extensively about this alliance between Amy Coney Barrett,
Justice Roberts, and the three liberal justices in the last four cases about the Trump administration
that the Supreme Court has refused to hear or has handed Trump a loss. And so I think we could see that alliance pop up quite a
bit. Although my whole reaction to it, I think the episode title, Andy, was, but I never
thought the leopards would eat my judiciary. Meaning John Roberts, you handed him a crown and now you're surprised when
he's whacked you over the head with it.
That's a perfect reference. It gives me the perfect segue into darkening the silver lining
a little bit because I agree with you that there is the possibility that Roberts and
maybe Barrett and of course the liberal judges start to really take some, you know,
changes their attitudes a little bit by this, these seemingly blatantly unconstitutional actions
that are going on, you know, at a great pace here. But here's the problem. And I put Robert
Square in this camp. They are so committed, not to Donald Trump personally,
not to his administration,
but to the concept of the unitary executive
and to the idea of expanding presidential powers
to something that, quite honestly,
I believe the framers would never have agreed to.
That that's the thing that pushes them
deeply into his corner.
It's not, because Roberts doesn't, I mean, I don't know who Roberts likes, but my guess
would be Roberts probably has a lot of, would have a lot of disagreements with Trump on
some, on things, but this, he's, he's still somebody who's very driven by that idea.
And we saw that in the immunity decision.
Yeah.
And like, we thought we might see it if, if Hampton Dellinger had gone to the Supreme
Court with his firing saying that the president doesn't have the authority to do that. I was
pretty sure Roberts would say, yes, he does. He's got all kinds of power.
Oh yeah. Yeah, I agree.
We'll see with like more of the multi-member boards like the NLRB or the Merit System Protection
Board like Kathy Harris is going to go up to the Supreme Court pretty soon and argue her job. And we'll see what they say about that, about lower
officers. But as a head of an agency, yeah, I'm pretty sure they would have upheld that
decision to fire the special counsel, Hampton Dellinger from the office of special counsel,
not like a special prosecutor.
Right.
And, you know, so that's why I'm like, well, are they going to say, yeah, he's got the
authority to invoke the Alien Enemies Act?
Even, you know, if it's a wartime act, like he's got broad authority.
They could.
That's part of it would be attractive to them.
The thing that I think is working against Trump on that one, though, is that the statute
is so clear. There is no declaration of war here. First of all, contrary to what the DOJ
lawyer said, the president doesn't get to declare war. That is a power specifically
reserved to Congress in Article 1 of the Constitution. So, they're on thin ice there and the historical
use of the act only being associated with actual wars, like I feel like it's going
to be a tough one.
And the problem here though also is that there's a separate case in within this case, like
an inception of contempt because well, a part of this is whether the government blatantly
defied the court order to turn the planes around. And that actually has nothing to do
with whether or not
his issuing the restraining order was based on good law
or good fact.
He could be totally wrong about the Alien Enemies Act.
Judge Boesberg could be completely wrong
and the restraining order could be vacated
by the Supreme Court, but that does not allow you
to violate that restraining order.
You have to obey the restraining
order, comply with it, and then there are ways to say, like a motion to vacate.
Absolutely. That gets back to our answer to Jen's question. What
Boasberg is deep in the mud on is the issue of did they follow his order or
did they not? He has not weighed in on the enemy aliens act thing. Did the president actually have
the power to do this? That's an issue that they really haven't touched yet. So it'll
be interesting to see how it goes. We'll find out one day or another.
Yeah, we will. And we will keep you posted. So everybody, thanks so much for your thoughtful
questions. You can again, click on the link in the show notes and submit any question
you'd like and we'll do our best to answer them.
And in the meantime, I hope everyone has, you know, at least a modicum of sanity this
week.
May I suggest the Daily Beans if you're looking to get news but not be real sad about it?
We have news with swearing on the Daily Beans podcast.
And do you have any exciting plans this week coming up, Andy?
No, I've been traveling so much
and I'm actually traveling right now, as you know,
and I'm just looking forward to being home next week.
So I'll be there to keep up with the issues
and do this again next week.
Yeah, we'll see you all next week.
I've been Alison Gill.
And I'm Andy McCabe.
Unjustified is written and executive produced by Alison Gill with additional research and analysis by Andrew McCabe.
Sound design and editing is by Molly Hockey with art and web design by Joel Reeder at
Moxie Design Studios.
The theme music for Unjustified is written and performed by Ben Folds and the show is
a proud member of the MSW Media Network, a collection of creator owned independent podcasts
dedicated to news, politics, and justice.
For more information, please visit MSWMedia.com.