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EPISODE · Oct 14, 2025 · 53 MIN

A Pimple on the Rear of an Elephant

from Main Justice · host Andrew Weissmann, Mary McCord

Last Thursday, New York Attorney General Letitia James was indicted by a grand jury on two counts. This, on the heels of former FBI Director James Comey’s arraignment, where pre-trial motions were granted around vindictive and selective prosecution. Mary and Andrew use these two examples to explain why targeting individuals instead of crimes violates some of the Justice Department’s most sacred norms. Next, they walk through the latest court battles around federalized National Guard troops in Oregon and Illinois, with a 7th Circuit ruling in Chicago and oral arguments in the 9th circuit over the Portland deployment. Last comes a notable article from Professor Caleb Nelson, one of the nation’s foremost originalist legal scholars, who questions granting increasing executive authority to the presidency.    Further reading:Here is Professor Nelson’s article written for NYU Law’s Democracy Project: Special Feature: Must Administrative Officers Serve at the President’s Pleasure?Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. 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 for information about our collection and use of personal data for advertising.

Episode metadata supplied by the publisher feed · Published Oct 14, 2025

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Letitia James is indicted; James Comey is arraigned. Plus: the courts weigh in on federalizing the National Guard.

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