Law and Chaos

After Trump appoints his lackey Lindsey Halligan US Attorney for the Eastern District of Virginia, he finally gets his indictment of former FBI Director James Comey. But will it stand in front of a real judge? We break down the grand jury process, and why they say a grand jury will indict a ham sandwich. And for subscribers, Andrew and Liz explain how the DOJ's internet brain poisoning is jeopardi...

Domestically, Tom Homan takes bribes and Republicans just don't care. Internationally, the Trump administration is engaged in international war crimes by murdering foreign civilians, and… Republicans still just don't care. Learn why this is an Article I Constitutional crisis with guest Brian Finucane.   Links: Brian Finucane, International Crisis Group https://www.crisisgroup.org/who-we-are/people...

The Trump administration goes mask-off with its attack on Jimmy Kimmel. If you'd told us the Man Show guy would become a First Amendment avatar … we'd never have believed you. Meanwhile, the Justice Department has torched its cred with all the judges, even the FedSoc ones! But Lisa Cook is still a Fed governor!   Links:   SCOTUS Docket Lisa Cook https://www.supremecourt.gov/Search.aspx? FileName=/...

The Department of Homeland Security has decreed that we will all learn what chain refoulement is … by watching them try to rendition wave after wave of immigrants. Andrew and Liz will explain how that's totally illegal. Plus, Newsmax is suing Fox News, again.   Links:   Newsmax v. Fox [Wisconsin Docket] https://www.courtlistener.com/docket/71323347/newsmax-broadcasting-llc-v-fox-corporation   News...

District and Circuit Court judges are in more or less open revolt over the Supreme Court's abuse of the shadow docket. Perhaps Justice Gorsuch shouldn't have implied that they were all stupid and insubordinate for failing to read his mind! The Trump administration insists it's very cool and very legal to deport immigrant children in the middle of the night so long as it's Health and Human Services...

The Supreme Court used the shadow docket to legalize racial profiling, although only Justice Kavanaugh was dumb enough to admit it out loud. It also overturned Humphrey's Executor, but this time even Kav wouldn't cop to it. Meanwhile at the White House, Office of Management and Budget Director Russ Vought discovers ONE WEIRD trick to steal Congress's power of the purse. And the Second Circuit conf...

Newsmax is suing Fox News, and they've scored antitrust expert (lol) Judge Aileen Cannon. And while the Supreme Court is busy burning down the judiciary, trial judges are standing up. This week Judge Allison Burroughs of the District Court of Massachusetts ordered the Trump administration to give Harvard University its grant money back, and along the way reads SCOTUS conservatives for filth. And f...

Today on Law and Chaos … Trump's tariffs are illegal. A Judge named Sparkle just lit Kristi Noem on fire for trying to kidnap hundreds of Guatemalan children in the middle of the night. And Rudy Giuliani is getting the presidential medal of freedom. Plus, subscribers get a deep dive into all the ways the Department of Homeland Security is violating the Trafficking Victims Protection Reauthorizatio...

After "fixing" crime in DC, Trump is off to "fix" Chicago. But since Chicago is in an actual state, he may encounter one or two legal issues. And after the Supreme Court shook its finger at the president and said not to fire members of the Federal Reserve, he's trying to do it anyway. Whodathunkit? Meanwhile, DC US Attorney Jeanine Pirro can't seem to indict a ham sandwich.   Links:   Lisa Cook v....

Kilmar Abrego Garcia has been returned to Maryland… where he was promptly arrested by ICE, which is threatening to deport him to Uganda. Will the courts stop it? Meanwhile, Texas tees up to defend breaking apart majority-minority districts by claiming that they were only trying to hurt Democrats, not Latinos. Also: can Trump really ban flag burning? (No.) Links:   Flag Burning EO https://www.white...

The Fifth Circuit says yes to drag shows, but no to workers' rights. Donald Trump loses one fight to keep his dingbat lawyer Alina Habba on as Acting Interim Assistant Special Top Secret Temporary US Attorney for New Jersey, but wins big in a New York appellate court. And multiple courts tell Attorney General Pam Bondi to pound sand, even though she would really, really like to invade the secrecy...

As Dominion Voting Systems settles its defamation suit with Newsmax, Hunter Biden is making defamation suits great again. He's currently suing Overstock founder Patrick Byrne, and about to be sued by the first lady. Meanwhile, Media Matters scores a big victory over the Federal Trade Commission, and football coach Brian Flores notches a win against the NFL.   Links:   Trump v. Selzer  https://www....

We welcome back National Security Counselors' Kel McClanahan to discuss how the Law & Chaos podcast will be suing the Trump administration. Also: no, Trump can't order a new census just because he doesn't like the actual numbers. And the Supreme Court tees up an argument advanced by Clarence Thomas to gut what remains of the Voting Rights Act.   Links: Donate to Kel McClanahan! www.nationalsecurit...

What's going on in Texas, where Democrats have walked out of the state legislature in an effort to thwart (or at least postpone) handing Donald Trump five more congressional seats in the 2026 midterms. Is it a crime? Does it break norms? And most importantly: will it work? And we check back in with the administration's efforts to keep Alina Habba on a job she's not legally entitled to have and for...

The Department of Justice has filed an ethics complaint against the Chief Judge of the District Court in DC, James Boasberg, and we've enlisted Kel McClanahan to help us figure out what (if any) evidence the Trump administration has to support its claims. Plus, Liz and Andrew listened to the Federal Circuit's oral argument over Trump's tariffs. And what does a disgraced former superlawyer have to...

The ghost of Jeffrey Epstein continues to haunt Donald Trump, so he sent his attorney Todd Blanche to Florida to visit Ghislaine Maxwell for an exorcism. Despite the Supreme Court's valiant efforts, lower courts are still refusing to let the Trump administration un-person children of immigrants. And Alina Habba is back in her office at the US Attorney's office in New Jersey pretending to be a real...

The Supreme Court can't be bothered to do real law — but they still expect trial judges to read their minds and treat those nebulous shadow docket orders like binding precedent. And that invisible ink precedent says that Trump can fire anyone, anywhere, at any time. Abrego Garcia is still dancing on the knife edge between Trump's DOJ and his DHS. And we explain why the current state of our media i...

Today on the show  the First Circuit is reversing DOGE's "DEI" cuts at NIH. Trump is suing the Wall Street Journal for defamatory reporting that he was friends with that pedophile he used to party with all the time. And trial courts are calling SCOTUS's shadow docket bluff. Plus, Alina Habba is headed for the exit.   Links:   SCOTUS Shadow Docket Order Dept. of Education v. California https://www....

What do Trump's plans to fire Fed Chair Jerome Powell, level illegal tariffs, and stuff the court with his cronies have in common? They're all the fault of the Supreme Court's six conservatives. Then we'll take a break from … all this … and learn some more civil procedure from Justin Baldoni.   Links:   Can Trump Actually Fire Fed Chair Jerome Powell? https://www.lawandchaospod.com/p/can-trump-act...

The Supreme Court is handing out lit matches and gasoline to the arsonist in chief and inviting him to burn down the Department of Education. Attorney Pam Bondi keeps inventing new ways to be corrupt, and none of them have to do with Jeffrey Epstein. And DHS is now kidnapping IP along with actual human beings. Plus, for subscribers, we'll talk about an effort by Americans United for the Separation...

Trump's executive order stripping citizenship from children of immigrants has been enjoined again. Will the Supreme Court burn down another plank of civil procedure just to avoid ruling on it? And DOJ whistleblower Erez Reuveni is dropping receipts! He's got all the texts and emails that prove Trump's henchman Emil Bove ordered the DOJ to defy court orders. That's going to make it a lot harder for...

Mike Lindell's sparklemagic lawyers find out that sometimes ChatGPT ends with Rule 11. Then we visit Elon Musk and Sam Altman for a lesson in civil procedure. After that Andrew and Liz explain how Trump can't actually un-ban TikTok via presidential edict and break down the latest Supreme Court efforts to burn down the judiciary. Plus for subscribers, Nate Silver — who only gambles for fun, and don...

We may not know how to fix America, but we can tell you the law of fireworks! Plus the latest on Kilmar Abrego Garcia and what it tells us about how Homeland Security is carrying out Trump's deportation regime. Plus, Trump's lawyers are learning so much about civil procedure by getting their asses kicked all over Iowa.   Links:   Hundreds of Jan 6ers Are Hoping For Big DOJ Payday https://talkingpo...

The Supreme Court's last day of the term was an exercise of raw power. The six conservative justices gave lower courts the back of their hand, making clear that they — and only they! — will decide the law. Nationwide injunctions are out, and so is stare decisis. Andrew and Liz will break down the power grab, along with Mahmoud v. Taylor, in which the howler monkey wing allowed religious parents to...

The Trump administration's war on the judiciary continues, and this time he's suing judges. Also, he's trying to install his henchman Emil Bove in the Third Circuit as a reward for burning down the firewall between the White House and the DOJ. Luckily SCOTUS is distracting us by cramming as many horrible decisions as possible into the last two days of the term.   Links:   SCOTUS 23-1002 Hewitt v....