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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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 is Judge Beryl Howell’s 88-page decision against DHS over warrantless immigration arrests.
• HERE is the Pentagon's IG report on Defense Secretary Pete Hegseth's use of the ‘Signal’ chat app to communicate war plans.

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“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. 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.

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