This is America in 2026

It’s been five years since rioters stormed the Capitol in one of the most violent events on U.S soil in recent history. To commemorate the day and remind Americans of the consequences that still reverberate around the nation, House Democrats organized a hearing to “to set the record straight on the violent insurrection carried out by supporters of Donald Trump.” In this bonus episode, you’ll hear from Winston Pingeon, a former United States Capitol Police Officer, Brendan Ballou, a former Department of Justice Prosecutor, Pamela Hemphill, a rioter who refused President Trump’s pardon, and Main Justice co-host Mary McCord, the Executive Director of the Institute for Constitutional Advocacy and Protection (ICAP) and Visiting Law Professor at Georgetown.Audio provided by the Office of Leader Hakeem Jeffries.Here is an OpEd on MS Now from Mary that reflects her testimony: Political violence doesn’t always look like Jan. 6 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.

Just days into 2026, Mary and Andrew dive into a fresh slate of legal questions brought on by the United States’ surprise extraction of Venezuelan President Nicolás Maduro and his wife to New York to face criminal charges. Unpacking why the operation is widely viewed as illegal in both Venezuela and here at home, they focus on the Trump administration’s pattern of self-excusing questionable tactics under the banner of fighting crime and drug smuggling. Next, as the fifth anniversary of the January 6th insurrection approaches, Mary previews her upcoming testimony in front of House Democrats on the impact the broad swath of pardons for J6 convictions has had, before the co-hosts review Jack Smith’s now public deposition before the House Judiciary Committee. Last, Mary and Andrew turn to the newly unsealed order in the Kilmar Abrego Garcia case, in which the judge believes DOJ officials may have pushed to prosecute him only after he was wrongly deported to El Salvador.Further reading:Former Special Counsel Jack Smith’s testimony transcript is HERE,  the video is HEREHERE is Judge Gary R. Brown’s ruling from 12/18 on the awful conditions in an ICE detention facility in Long Island, NY. 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.

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

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 HEREAnd 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. 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.

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.  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.

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. 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.

“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.  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.

Rachel Maddow’s new series lays bare one of the most shocking decisions in American history. It’s story that reveals how an executive order authorizing the mass roundup of innocent Japanese Americans came to be, the powerful players who engineered it, and the burn order that tried to erase it from history.Stay right here to listen to a special preview of “Rachel Maddow Presents: Burn Order.” And for the full episode, search for “Burn Order” and follow the show. 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.

Amid an abundance of legal issues Mary and Andrew are keeping tabs on, this episode begins with the dismissal of the cases against both James Comey and Letitia James over the unlawful appointment of interim U.S. attorney Lindsey Halligan. The co-hosts work through the judge's decision before reviewing some of the procedural missteps made by Halligan in the Comey case. Next comes the news that the Pentagon is investigating Senator Mark Kelly over a video he and other lawmakers made assuring military personnel they are not obligated to follow illegal orders. As Andrew notes, “Isn't that the law? And isn't that what a president and the head of the Department of Defense want?” And last up, Andrew and Mary touch on a double standard over redistricting efforts, as the Justice Department sues California under a pretense of racial gerrymandering, while notably refraining from leveling similar challenges to Texas’ redistricting plans. Further reading/watching:Here is the Washington Post piece Mary and Andrew referred to: White House blew past legal concerns in deadly strikes on drug boats.WATCH: Here is the video from Sen. Kelly and others: We want to speak directly to members of the Military and the Intelligence Community... 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.

"Rachel Maddow Presents: Burn Order" is the story of one of the most shocking decisions in American history: the executive order to target and round up innocent citizens, Japanese Americans, at the outbreak of World War II. This six-episode narrative podcast will examine and shed new light on how that policy came to be, who was behind it, who attempted to stop it, and the heroism needed to end the policy for good. Listen to the trailer here and search for “Burn Order” to follow the show. The first two episodes drop December 1st.  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.