Law and Chaos
Liz Dye
- 55 minutes 19 secondsEp 197 — OBBBA the Hut
Breaking! The president is bugf*** insane! But first … docket alerts. Dun-dun-DUNNNNN.
We’ve reached the “yelling at chestnuts for being lazy” stage of the presidency, as Trump barks out ever-nuttier orders.
Meanwhile in Texas, Judge Matthew Kacsmaryk managed to moot the appeal of an LGBTQ+ student group at West Texas A&M which sued in 2023 to enjoin their school’s ban on drag shows. All he had to do was rush out an opinion in 48 hours saying that drag shows are not expressive conduct covered by the First Amendment. And lie about Fifth Circuit precedent!
TG we have at least one good legal development, this time out of Minnesota!
For the main show, we’ll break down the legal implications of Elon Musk building a chatbot in his own abusive troll image. Will the Take It Down Act put a stop to AI generation of deepfake CSAM and NCII?
Meanwhile over at the Department of Homeland Security, Secretary Kristi Noem and her minions are a wee smidge confused about the Fourth Amendment. If you can even believe it! But even a blind squirrel gets a nut once in a while. DHS wins a round against legislators seeking to inspect ICE detention facilities thanks to some creative accounting. But the victory may be short-lived.]
And subscribers will get another visit with that Overstock.com weirdo Patrick Byrne, who managed to lose a defamation case against the most defamation-proof defendant in America. Guest starring: Stefanie Lambert.
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20 January 2026, 11:00 am - 54 minutes 37 secondsEp 196 — None of this sh*t is legal!
The Trump administration’s war on Minnesota continues, and now the president is threatening to invoke the Insurrection Act. Clearly he thinks that is synonymous with declaring THE PURGE. But he’s wrong, and we’ll tell you why. Plus we’ve got good news(!) on California redistricting, green energy, and voting rights.
Links:
Tangipa v. Newsom [CA gerrymander]
https://storage.courtlistener.com/recap/gov.uscourts.cacd.994285
The Atlantic Monthly v. Google [Google ad antitrust]
https://www.courtlistener.com/docket/72135468/the-atlantic-monthly-group-llc-v-google-llc/
US v. Oregon [DOJ demands OR voter rolls]
https://www.courtlistener.com/docket/71363789/united-states-v-state-of-oregon/
US v. Weber [DOJ demands CA voter rolls]
https://www.courtlistener.com/docket/71452580/united-states-v-shirley-weber
Minnesota v. USDA
Minnesota v. Noem
https://www.courtlistener.com/docket/72132615/state-of-minnesota-v-noem/?order_by=desc
Tincher v. Noem
https://www.courtlistener.com/docket/72047643/tincher-v-noem/
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16 January 2026, 11:00 am - 54 minutes 54 secondsEp 195 — Protect Jerome!
Markets are freaked out about the DOJ’s threats to Federal Reserve Chair Jerome Powell. And so are we! We’ve got a deep dive into a court order barring Trump from adding an extra-legal proof of citizenship requirement to voter registration forms and a breakdown of Illinois and Minnesota’s respective lawsuits against ICE and CBP. And for subscribers, we’ll explain why JD Vance’s claim that “Every president, Democrat or Republican, believes the War Powers Act is fundamentally a fake and unconstitutional law,” is utter BS.
Links:
Kelly v. Hegseth
https://www.courtlistener.com/docket/72131361/kelly-v-hegseth/
Neguse v. ICE
https://www.courtlistener.com/docket/70964222/neguse-v-us-immigration-and-customs-enforcement
New York v. Burgum [Nichols]
https://www.courtlistener.com/docket/72126766/state-of-new-york-v-burgum/
New York v. Burgum [Lamberth]
https://www.courtlistener.com/docket/72126847/state-of-new-york-v-burgum/
Federal prosecutor in Virginia fired after refusing to lead Comey case
https://www.theguardian.com/us-news/2026/jan/12/us-attorney-virginia-fired-j
Trump DOJ fires prosecutor who declined to pursue James Comey case
https://www.ms.now/news/trump-doj-fires-prosecutor-who-declined-to-pursue-james-comey-case
Washington v. Trump [Election EO]
https://www.courtlistener.com/docket/69845185/state-of-washington-v-trump/
Illinois v. DHS
https://www.courtlistener.com/docket/72131845/state-of-illinois-v-department-of-homeland-security/
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13 January 2026, 11:00 am - 52 minutes 43 secondsEp 194 — Justice For Renee Good?
Congressional Republicans defect to support two Democratic resolutions. It’s not exactly a show of spine — maybe a vertebrae — but is it the beginning of something? Yet another US Attorney gets disqualified, this time in New York. Meanwhile Judges in Virginia wonder how it’s remotely ethical for Lindsey Halligan to present herself in court filings as a US Attorney. The DOJ is violating the Epstein Files Transparency Act. And what legal recourse is there for the family of Renee Good, who was executed by ICE officers in Minneapolis. Plus for subscribers: Dominion tries to get Mike Lindell and Patrick Byrne to STFU long enough to wind down their litigation.
Links:
War Powers Resolution
https://www.kaine.senate.gov/imo/media/doc/dav25m71.pdf
Massachusetts v. NIH [Indirect Costs]
https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-1343P-01A.pdf
American Hospital Association v. HHS [Drug Rebates]
https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-2236O-01A.pdf
In Re Grand Jury Subpoenas to the Office of the New York State Attorney General v. US [Disqualification US Atty NDNY]
US v. Jefferson [Halligan signature challenge]
https://storage.courtlistener.com/recap/gov.uscourts.vaed.586310
US v. Comey [4th Circuit appeal]
https://www.courtlistener.com/docket/72065969/united-states-v-james-comey-jr/?order_by=desc
US v. James [4th Circuit appeal]
https://www.courtlistener.com/docket/72065734/united-states-v-letitia-james/?order_by=desc
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9 January 2026, 11:00 am - 1 hour 6 minutesEp 193 — The Fog of War … Crimes
On our first show back after the holidays, Brian Finucane, a senior advisor at the International Crisis Group, explains the legal ramifications of invading Venezuela and kidnapping its leader for “law enforcement.” We’ll break down the Supreme Court’s ruling eviscerating Trump’s effort to conscript National Guard troops to terrorize cities. And for subscribers, Justin Baldoni will once again teach us (how not to) CivPro.
Links:
Trump v. Illinois [Supreme Court]
https://www.supremecourt.gov/opinions/25pdf/25a443_new_b07d.pdf
Brian Finucane, Presidential War Powers, the Take Care Clause, and Article 2(4) of the UN Charter, Cornell Law Review (2020)
https://live-cornell-law-review.pantheonsite.io/wp-content/uploads/2020/12/Finucane-final.pdf
1989 OLC Memorandum
US v. Commonwealth of Virginia [In-state tuition for immigrant children]
https://www.courtlistener.com/docket/72085714/united-states-v-commonwealth-of-virginia/
JGG v. Trump
https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc
Lively v. Baldoni
https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc
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6 January 2026, 11:00 am - 51 minutes 13 secondsEp 192 — 2025 — It Was A Lot!
We come full circle, discussing the most important cases of the year and what we expect to happen in 2026. Kilmar Abrego Garcia is home with his family. The Epstein files are out … sort of. Lindsey Halligan is out … again, sort of. And the Alien Enemies Act case that started it all, J.G.G. v. Trump, comes roaring back to life.
Links:
US v. Abrego Garcia
https://www.courtlistener.com/docket/70476164/united-states-v-abrego-garcia
US v. Dugan
https://www.courtlistener.com/docket/70255703/united-states-v-dugan
US justice official leading prosecutions of minor crimes pleaded guilty to DUI
https://www.theguardian.com/us-news/2025/sep/23/doj-official-dui
Billups v. Louisville Municipal School District [Grok can make it worse!]
https://www.courtlistener.com/docket/68658788/billups-v-louisville-municipal-school-district
US v. Abrego Garcia
https://www.courtlistener.com/docket/70476164/united-states-v-abrego-garcia/
J.G.G. v. Trump
https://www.courtlistener.com/docket/69741724/jgg-v-trump/
Epstein Files Transparency Act
https://www.congress.gov/bill/119th-congress/house-bill/4405
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23 December 2025, 11:00 am - 1 hour 3 minutesEp 191 — Legal Journalism in the Age of Trump
Liz and Andrew discuss the state of legal journalism. Trump is attacking the judiciary in the media — sometimes both at once. How is covering Trump different this time around? And what gives us hope for journalism and democracy? Plus: what’s going on in the trial of Wisconsin judge Hannah Dugan?
Links:
US v. Dugan
https://www.courtlistener.com/docket/70255566/united-states-v-dugan/?order_by=desc
America First Legal Foundation v. Trump
US v. James [Yet another botched no bill]
https://www.courtlistener.com/docket/72052126/united-states-v-james/
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19 December 2025, 11:00 am - 1 hour 14 minutesEp 190 — How Many Things Did Chief Justice Roberts Break Today?
What do the National Labor Relations Board, Blake Lively’s lawsuit against Justin Baldoni, and Lindsey Halligan have in common? They’re all swimming in the chaos soup cooked up by a Supreme Court that engages in motivated reasoning and jettisons precedent whenever it gets in the way. Eat up!
Links:
Richman v. US
https://www.courtlistener.com/docket/71982634/richman-v-united-states/?order_by=desc
Corporate Union Busting in Plain Sight, Economic Policy Institute, January 28, 2025
https://www.epi.org/publication/corporate-union-busting/
Amazon Services LLC v. New York State Public Employment Relations Board (New York Litigation) [docket via CourtListener]
National Labor Relations Board v. State of California (California Litigaton) [docket via CourtListener]
https://www.courtlistener.com/docket/71657795/national-labor-relations-board-v-state-of-california/
National Trust for Historic Preservation v. National Parks Service
List of Trump Clemency Grants
https://www.justice.gov/pardon/clemency-grants-president-donald-j-trump-2025-present
US v. Abrego
https://www.courtlistener.com/docket/70475970/united-states-v-abrego-garcia/?order_by=desc
Abrego Garcia v. Noem
https://www.courtlistener.com/docket/71191591/abrego-garcia-v-noem
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16 December 2025, 11:00 am - 1 hour 30 secondsEp 189 — Who’s Suing The Government Today? EVERYBODY
Today the government is getting sued by an app developer, Capitol Cops, FBI agents, Kilmar Abrego Garcia, California, Daniel Richman, Mike Flynn, and a boatload of January 6 rioters — although those last two are basically sham lawsuits seeking to raid the US Treasury with the help of President Treasonweasel. Two judges in DC seem perilously close to holding the DOJ in contempt. And for subscribers, the unbearable cognitive dissonance of Tina Peters.
Links:
NRSC v. FEC [SCOTUS Docket]
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-621.html
Does v. Patel [wrongfully fired FBI agents]
https://www.courtlistener.com/docket/72004388/does-v-patel/
Aaron v. Bondi [ICEBlock]
https://www.courtlistener.com/docket/72003579/aaron-v-bondi/?order_by=desc
Flynn v. US
https://www.courtlistener.com/docket/66930673/flynn-v-united-states/?order_by=desc
Trump Pardoned Them for Jan. 6. Now They Want Millions of Dollars
Richman v. US
https://www.courtlistener.com/docket/71982634/richman-v-united-states/?order_by=desc
Newsom v. Trump
https://www.courtlistener.com/docket/70496361/newsom-v-trump/?order_by=desc
J.G.G. v. Trump
https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc
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12 December 2025, 11:00 am - 59 minutes 5 secondsEp 188 — Habba Quits Job After Getting Fired In July
Alina Habba has finally tapped out. No more cosplaying as US Attorney for New Jersey for her! Attorney General Pam Bondi promptly declared victory and vowed to appeal. But strangely that vow was not followed by any federal filings. Subscribers will get a deep dive into the Supreme Court’s wild hearing in Trump v. Slaughter, as they gleefully contemplated a world where the president staffs his entire administration with hacks.
Links:
Halligan Continues as U.S. Attorney, Prompting Criticism From Judges
https://www.nytimes.com/2025/12/05/us/politics/halligan-us-attorney-judiciary.html
Oral Argument, Supreme Court, Trump v. Slaughter
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25-332_p8k0.pdf
J.G.G. v. Trump
https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc
Escobar v. Molina v. DHS
https://www.courtlistener.com/docket/71452519/escobar-molina-v-us-department-of-homeland-security/?order_by=desc
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9 December 2025, 11:00 am - 1 hour 6 minutesEp 187 — War Crimes, No Bills, And Tariffs
The Supreme Court’s six conservatives allow Texas to steal congressional seats with a racially gerrymandered map. Over at the Defense Department, Whiskey Pete’s reign of lawlessness continues: After the Defense Department Inspector General ripped him a new one for Signalgate, Congress is looking hard at the murders in the Caribbean. Costco is suing the government over tariffs. And Justin Baldoni is back to teach us civil procedure.
Links:
Signalgate Inspector General Report
Unlawful Orders and Killing Shipwrecked Boat Strike Survivors: An Expert Backgrounder
https://www.justsecurity.org/125948/illegal-orders-shipwrecked-boat-strike-survivors/
NYT v. Department of Defense
https://www.courtlistener.com/docket/71992017/new-york-times-company-v-department-of-defense/
Costco v. US
Richman v. US
https://www.courtlistener.com/docket/71982634/richman-v-united-states/?order_by=desc
In re Grand Jury Subpoenas to NYAG [Sarcone disqualification]
Lively v. Wayfarer
https://www.courtlistener.com/docket/69510553/lively-v-wayfarer-studios-llc/?order_by=desc
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