After a year that saw no shortage of heavy legal news, Mary and Andrew close out 2025 with an episode of positive judicial developments. They begin with the Supreme Court’s decision denying President Trump’s request to stay an injunction blocking the federalization of National Guard troops in Illinois, concluding that the statute the government used to justify it first requires an attempt to execute federal laws with the military – which would likely require invocation of the Insurrection Act. And nobody seems to want that. At least not yet. The co-hosts then turn to D.C. District Court Judge Jeb Boasberg’s decision on the Trump administration’s use of the Alien Enemies Act. He wrote that because the U.S. maintained constructive custody over Venezuelans expelled to El Salvador, they are legally owed due process rights. Last up, they note two judges who are demanding proof that the government is not acting vindictively — from the administration’s prosecution of Kilmar Abrego Garcia to the presidential memo that stripped the security clearance of national security lawyer Mark Zaid.

Editors’ Note: While Andrew and Mary were recording this episode, an order from Judge Crenshaw in Abrego Garcia's criminal case was unsealed. It confirms the DOJ pushed to prosecute Kilmar Abrego Garcia only after he was mistakenly deported. You can read it HERE

Further reading:

Read Judge Boasberg’s Memorandum Opinion on due process for Venezuelans deported to El Salvador HERE

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The highly anticipated release of the Epstein files dropped last Friday with a muted thump, as redactions were abundant and files were held back. Mary and Andrew begin there, with the Justice Department’s failure to comply with the “Epstein Files Transparency Act”, a congressional law compelling the release of "all unclassified records" with a few exceptions. They break down what the law requires, why the DOJ’s redactions raise some concerns, and what new revelations surfaced around Jeffrey Epstein’s 2008 plea deal. Turning to several federal cases on their radar, the co-hosts unpack the news that prosecutors had tried but failed to add a third felony charge against Letitia James and the split jury verdict of Wisconsin state court Judge Hannah Dugan. And before wrapping up, Mary and Andrew examine a unanimous DC Circuit decision allowing the National Guard deployment in the city to proceed, emphasizing D.C.’s unique non-state status.

Further reading:

Read DC Circuit Panel Decision on National Guard deployment HERE

And a note to our listeners: As Mary and Andrew mentioned, they plan to record a new episode next Tuesday if the news warrants it. Otherwise, they’ll take some time to enjoy the holiday season and will be back with a new episode on January 6th.

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Seeking political retribution is far different than prosecuting a winning case, as the Trump administration is coming to understand. Mary and Andrew begin here after a grand jury, once again, refused to re-indict New York Attorney General Letitia James. This comes along with a ruling limiting what evidence could be used in the case against James Comey if the government seeks to re-bring that case. The co-hosts also tee up what may come from Jack Smith’s closed-door deposition in front of the House Judiciary Committee, before turning to the latest in the Kilmar Abrego Garcia saga, after Judge Paula Xinis ordered his release. Last up, Mary and Andrew head to the West coast for an update on the National Guard deployment in L.A., and offer some analysis on Judge Bybee’s statement on 9th Circuit en banc review over deploying the National Guard to Portland, Oregon.

Further Reading:

• Here is Judge Xinis’ opinion regarding the release of Kilmar Abrego Garcia.

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