The Illegality of the Maduro Seizure Under Domestic and International Law

As the killing of Alex Pretti by federal agents in Minneapolis roils the country, Harry breaks down the fallout with Susan Glasser. Then, turning to the week's main discussion, three stellar journalists—Susan, Emily Bazelon, and Ruth Marcus—join Harry to break down Trump's assaults on the rule of law that made Pretti's death possible. From the corruption of the FBI and the carnage in Minnesota to Trump's escape from the prosecutions brought by Jack Smith, the trio engage in a wide-ranging discussion anchored in their in-depth reporting. Can the FBI withstand another year of Kash Patel's leadership? Is Jack Smith next on Trump's list of targets for reprisal? Finally, are the tragic events in Minnesota, as Susan says, Trump's most Trumpian accomplishment? Mentioned in this episode:  Harry's Substack on the aftermath of Alex Pretti's death:  ⁠https://harrylitman.substack.com/p/congress-must-act-now⁠ Susan's piece on Trump's actions in Minnesota: ⁠ https://www.newyorker.com/news/letter-from-trumps-washington/the-minnesota-war-zone-is-trumps-most-trumpian-accomplishment⁠ Emily's report on the FBI:  ⁠https://www.nytimes.com/interactive/2026/01/22/magazine/trump-kash-patel-fbi-agents.html⁠ Ruth's piece on Jack Smith: ⁠https://www.newyorker.com/news/the-lede/jack-smiths-closing-argument⁠ Ruth's profile of Pam Bondi: ⁠ https://www.newyorker.com/magazine/2025/08/25/pam-bondi-profile⁠ Learn more about your ad choices. Visit megaphone.fm/adchoices

Attorney General Keith Ellison of Minnesota speaks to Harry from the frontlines of the state's legal defense against what he calls a "federal invasion." AG Ellison gives a vivid picture of how the administration's mission is causing chaos on the ground and, in his view, aiming to provoke a violence response. Then, the two dive deep into the thorny questions around a state prosecution of Renee Good's killer—all made more complicated by the federal government's intransigence, if not outright interference.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In our latest Contrarian episode, Norm Eisen, Katie Phang, and Jen Rubin join Harry for a deep dive on ICE's rampage through Minnesota. The panel reviews the legal and political prospects for stopping what local leaders call a "federal invasion." Can congressional Democrats restrain ICE? What about the broad-gauge lawsuit brought by Minnesota? Then the panel turns to whether the Administration has stepped on the third rail with its investigation of Federal Reserve Chair Jerome Powell, which Powell denounced as an obvious pretext for Trump's crusade to control interest rates. Mentioned in this episode:  The Contrarian: https://contrarian.substack.com/ Katie's YouTube channel:  https://www.youtube.com/@katiephangnews  Jen's piece about Democrats and ICE:  https://contrarian.substack.com/p/democrats-must-seize-the-opportunity  David Frum's piece about J.D. Vance:  https://www.theatlantic.com/politics/2026/01/vance-defends-minneapolis-shooter-ice-maga-symbol/685584/  Katzenbach memo:  https://www.justice.gov/olc/file/477221/dl?inline#page=509 Minnesota's 10th Amendment lawsuit:  https://www.ag.state.mn.us/Office/Communications/2026/docs/00190_DHS_Complaint.pdf Learn more about your ad choices. Visit megaphone.fm/adchoices

Chief Justice John Roberts famously told the country that, if confirmed to the Supreme Court, he would act like an umpire—just there to call balls and strikes. To help answer the question of how Umpire Roberts Court has fared, Harry spoke with Lisa Graves about her new book, Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote the Constitution and Dismantled Our Rights, in which Graves makes the case that Roberts has acted less as an umpire than a political loyalist. In the conversation, Harry and Lisa discuss Roberts’s background as a movement conservative at DOJ, his nomination and ascension as Chief Justice, and his tenure now entering its third decade. They also delve into the modern Federalist Society, unpacking how Roberts and his fellow conservative justices align—or don’t—with its ideology. With the Supreme Court wielding unprecedented influence over American policy, this discussion provides a clear look at how we arrived at the Court we have today. Read Lisa's book: https://www.hachettebookgroup.com/titles/lisa-graves/without-precedent/9781645030676/ Learn more about your ad choices. Visit megaphone.fm/adchoices

Guest host Jonathan Alter brings together former Senator Barbara Boxer, Norm Ornstein, and Stuart Stevens to break down the Trump administration's mounting aggression, at home and abroad. The four talk through the shocking killing of Renee Good in Minnesota and the fallout from the toppling of Venezuelan leader Nicolas Maduro. Then, they dig into a deeper story: how congressional Republicans became the devoted, crucial enablers of Trump's worst impulses. Mentioned in this episode: Jonathan’s Substack:  https://oldgoats.substack.com/ Norm's podcast:  https://podcasts.apple.com/us/podcast/dsrs-words-matter/id1420216970  Stuart's Substack:  https://stuartstevens.substack.com/ Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry sits down with Georgetown law professor Steve Vladeck to dissect the seizure of Venezuelan President Nicolás Maduro. From the UN Charter and head-of-state immunity to the infamous 1989 Barr memo, they unpack the administration’s legal gymnastics, multiple legal illegalities, and tenuous positions.  In particular, they zero in on the interplay between U.S. criminal law and the international law that we appear to have knowingly violated. They then turn to the long-term practical moral consequences of the operation, including the possible severe damage to U.S. credibility and strategic interests going forward. Mentioned in this episode: Steve's Substack post about Maduro's arrest: https://www.stevevladeck.com/p/200-five-questions-about-the-maduro Learn more about your ad choices. Visit megaphone.fm/adchoices

While the Talking Feds team is on holiday break, we are re-airing a roundtable conversation with Steve Adler, then-mayor of Austin; Jenny Durkan, then-mayor of Seattle; and Bill Peduto, the former long-time mayor of Pittsburgh. This special topical episode focuses on municipal government and the mayors who run it. The first year of Trump 2.0 has brought to the forefront the clash between federal and state authority. But it’s at the municipal level that the potholes and garbage pickups hit the road, and an American ideal of representative democracy is most in play. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks to Anne Applebaum about the Trump administration's chaotic and slanted approach to ending the war in Ukraine. Applebaum exposes the perverse heavily pro-Russian underpinnings of the U.S. plan that kicked off the latest round of talks. After contrasting Ukraine's repudiation of corruption with Trump's embrace of it, the pair zoom out to discuss the global battle for democracy and what's still at stake on the frontlines in Eastern Europe. Plus, a bonus: a discussion with Ruth Ben-Ghiat, on the rise of authoritarians around the world, and their shared tactics. Mentioned in this episode: Applebaum's Substack: https://anneapplebaum.substack.com/ Applebaum's writing for the Atlantic: https://www.theatlantic.com/author/anne-applebaum/ Ruth Ben-Ghiat's Substack: https://lucid.substack.com/ Learn more about your ad choices. Visit megaphone.fm/adchoices

Talking Feds closes out 2025 with a close look at the institutional damage and lawlessness Trump has imposed on an essential arm of the U.S. government: the Department of Defense. CNN's Natasha Bertrand, the Washington Post's Alex Horton, and retired Major General Steven J. Lepper take Harry inside a Pentagon transformed by cowboy-in-chief Pete Hegseth. Why is the U.S. blowing up boats near Latin America? Did Hegseth oversee a war crime in the Caribbean? And what are the potential domestic dangers of the legal reasoning powering Trump's new uses of the military?   Mentioned in this episode: Natasha's reporting:  https://www.cnn.com/profiles/natasha-bertrand-profile#about Alex's reporting:  https://www.washingtonpost.com/people/alex-horton/ General Lepper's analysis:  https://www.justsecurity.org/author/leppersteven/ Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks to veteran reporter Chris Whipple to get the inside scoop on his bombshell account of the Trump White House's inner workings. The two discuss why Trump's Chief of Staff Susie Wiles was so unguarded in her interviews with Whipple. They cover Wiles's sharp criticisms of administration officials and her admissions of serious wrongdoing by the president, including misleading the public on the Epstein files. The two dig deep into the details—several as yet overlooked—from one of most important stories written about Trump. Mentioned in this episode:  Whipple's reporting:  https://www.vanityfair.com/contributor/chris-whipple Harry's interview with Marty Lederman: https://youtu.be/JhN8PZNic9Y Learn more about your ad choices. Visit megaphone.fm/adchoices