Usurping Power, and a bonus

Our latest TWO episodes of Main Justice

Hi Folks:

This week we have two episodes of Main Justice: our regular one, Usurping Power, and then a special episode for premium MSNOW subscribers, on the midterm elections (Threats to the Midterm Elections).

To start with Usurping Power, we discuss the Justice Department’s about-face (in less than one day) on the appeal of four cases brought after Trump targeted four law firms through four executive orders. As we discussed last week – the DOJ initially sought to drop its appeal of the decisions finding Trump’s executive orders unconstitutional. It reversed course the next day, topped off with its new appeal brief filed Friday appealing the rulings. We discuss why we think that happened and give a preview of the government’s arguments.

Remember, the geniuses who said last Monday they wanted to dismiss the appeals, only to say on Tuesday, “never mind,” are the same folks who brought you the Minnesota surge, the Venezuela boat strikes, and the Iran war. In short, a deadly chaotic mess of an administration.

Next, we discuss a remarkable decision out of Minnesota’s district court concerning the DOJ’s immigration surge. The court determined that the administration’s stopping and subsequent arrests of the three plaintiffs (and others) was a result of ICE and CBP’s racial profiling and pattern and practice of violating the Fourth Amendment. Yes, you heard that right, the judge found the Trump administration had a policy in place in Minnesota of violating the Fourth Amendment and basing its decisions on race and ethnicity. And the kicker: the district judge was appointed by none other than Donald Trump in his first term.

We then discuss a pair of decisions on the Trump administration’s trying to do an end run around Congress, to be able to appoint people in violation of the Appointments Clause of the Constitution and a Congressional statute. One case is from U.S. District Judge Royce Lamberth, who ruled Kari Lake’s oversight of Voice of America unlawful and illegitimate - and concluding all her actions are “null nd void.” The other decision from a federal judge in Pennsylvania found the triumvirate of leaders who Pam Bondi put in place to run the US. Attorney’s Office in New Jersey also violated the appointment’s clause.

In case you think this is unimportant, or not something the Constitution’s framers were concerned about, here is a quote from Alexander Hamilton in the Federalist Papers:

“the Senate’s advice-and-consent role serves as a check on the unilateral installment of ‘candidates who ha[ve] no other merit than that . . . of being, in some way or other, personally allied to [the President], or of possessing the necessary insignificance and pliancy to render them the obsequious instruments of his pleasure.’”

The Federalist No. 76, at 394–95 (George W. Carey & James McClellan eds., 2001.

Last up, Mary and I detail Attorney General Pam’s Bondi’s proposed rule that would put any state complaint against a current or former Justice department lawyer on hold while the DOJ reviews it, essentially giving the department the power to hold these indefinitely if they so choose. For folks interested in reading the DOJ proposed rule —and weighing in on the rule — you can do so here: https://www.federalregister.gov/documents/2026/03/05/2026-04390/review-of-state-bar-complaints-and-allegations-against-department-of-justice-attorneys

Thanks for staying engaged, now more than ever.

Andrew

P.S. For those interested in pre-ordering a copy of my forthcoming book in May, Liar’s Kingdom, links are below. In it, I explain why simply winning elections won’t fix the problem, and explore how other democracies handle threats to the rule of law, and lay out reforms that can strengthen guardrails without rewriting the Constitution. Buy Liar’s Kingdom here:

• Chatham Bookstore signed copies: https://bit.ly/4aXHu4R

• Politics & Prose signed copies: https://bit.ly/4aALp8Q

• Amazon: https://amzn.to/3MHQ8MR

• Barnes & Noble: https://bit.ly/402H2xc

• Bookshop.org: Bookshop.org: https://bit.ly/3N5hVa3