Glenn Kirschner - he’s an NBC News and MSNBC legal analyst and former Assistant U.S. Attorney at the D.C. U.S Attorney's Office. And now you can join him for Justice Matters. Glenn brings analysis and insight to legal issues of the day, drawing from his 30 years as a federal prosecutor, homicide prosecutor, and Army JAG. For three decades, Glenn argued to juries, breaking down complex legal issues in universally understandable and relatable ways. And now, he brings that same approach to his analysis of today's troubled legal landscape - every week on Justice Matters with Glenn Kirschner.
District of Columbia Federal District Judge Beryl Howell pulled no punches in a new ruling against Trump and his administration.
Trump issued an executive order punishing a law firm he doesn't like, prohibiting the firm's attorneys from interacting with federal agencies and even from entering federal buildings.
In ruling against Trump and in favor of the law firm, Judge Howell said:
"This may be amusing in 'Alice in Wonderland' where the Queen of Hearts yells, 'Off with their heads!' at annoying subjects . . . and announces a sentence before a verdict, but this cannot be the reality we are living under."
Federal courts are not only ruling against Trump's unlawful and unconstitutional executive orders, but they are beginning to call out his obvious autocratic conduct.
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With a new federal appeals court ruling against Trump's attempt to revoke the constitutional guarantee of birthright citizenship, Trump has now lost from the east coast (1st Circuit Court of Appeals) to the west coast (9th Circuit Court of Appeals). Glenn reviews Trump's most recent court of appeals loss and highlights one extremely troubling argument Trump's DOJ lawyers made to the appellate court.
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In an opinion authored by Chief Justice John Roberts, the Supreme Court created the doctrine of presidential immunity, bestowing upon Donald Trump the power of lawlessness.
At his recent address to a joint session of Congress, Trump thanked Roberts and said he "won't forget it," although Trump did not tell Roberts what he was thanking him for.
The question often is posed: Would there be any circumstance under which the Supreme Court could and would revisit its horrific, democracy-busting presidential immunity ruling? Glenn explains - the answer is YES!
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Donald Trump's Department of Justice officials have been trying to dismiss the criminal prosecution against New York City Mayor Eric Adams without prejudice, meaning they could continue holding the prosecution over his head as leverage. Judge Dale Ho appointed an outside attorney to brief and argue the issue, given that the DOJ prosecutors and defendant Adams are lockstep in their positions and no one is truly representing the interests of the American people. The outside lawyer, Paul Clement, has filed a 33-page brief arguing that the DOJ should not be permitted to dismiss the case without prejudice - meaning they could indict Adams again on the same charges any time they wanted. Clements said this is like DOJ "hanging the sword of Damocles over Adams' head."
Glenn takes a look at this new court filing in the Eric Adams case.
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In a breathtaking display of abuse of power, abuse of office, and prosecutorial misconduct, interim US Attorney for the District of Columbia, Ed Martin, wrote a letter to the Dean of Georgetown University School of Law saying, " It has come to my attention reliably that Georgetown Law School continues to teach and promote DEI. This Is unacceptable. I have begun an inquiry into this . . ."
Martin went on to threaten that "no applicant for (a position at the DC US Attorney's Office) . . . "will be considered" if the school continues "to teach and utilize DEI."
Glenn discusses the possible options Georgetown Law School has in acting on this letter, which represents conduct that plainly is beyond the scope of the official governmental duties of a federal prosecutor.
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As NPR just reported, "A second federal judge has ruled to block the Trump administration's spending freeze."
Glenn reviews that latest court defeat suffered by Trump in a suit brought by 23 state attorneys general.
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In one of the first cases brought against the Trump administration to reach the Supreme Court, a five-justice majority has ruled that Trump must comply with a lower court order to pay money owed to USAID contractors for work already performed. The court rejected Trump's efforts to avoid paying what the government owed to the contractors. This is an important signal that the Supreme Court - at least five justices - will not just roll over and allow every executive branch power grab attempted by Trump and company.
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Assistant Director in Charge of the New York FBI Field Office, James Dennehy, has tendered his resignation after being told to resign or be fired. No reasons were given to Dennehy for the forced resignation.
But this purge of Dennehy by Trump's Attorney General Pam Bondi should come as no surprise given that Dennehy was very vocal last month in saying he was digging in to combat retaliation against FBI Special Agents for doing their jobs ethically and honorable.
Glenn reviews the new reporting and Dennehy's powerful and pointed letter of resignation.
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It seems like Donald Trump and his administration are inching closer to defying orders that have been issued by federal court judges. So what happens if a judge issues an order prohibiting the Trump administration from doing something and Trump flat out refuses to comply? The federal law (28 USC section 566(c)) provides that "the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties." Glenn discusses the role of the US Marshals Service (USMS) with a retired member of the USMS, Arthur Roderick, who served as an Assistant Director of the Marshals Service, about the law, the realities, and the practicalities of this legal requirement that the United States Marshals Service executes all federal court orders.
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A federal court judge in California has ruled that the firing of thousands of federal employees who were in probationary status was illegal. Per NPR reporting, Judge William Alsup ruled that "Trump's mass firing of federal employees is illegal and should be stopped." Glenn discusses what may happen next in this continued litigation.
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One of Donald Trump's henchman, Ed "Stop the Steal" Martin, has demoted some of the most experienced career federal prosecutors at the United States Attorney's Office for the District of Columba. Glenn says this represents naked political retribution at its ugliest.
Glenn is now on Substack, and none of his content is behind a paywall.
Find him there at: glennkirschner.substack.com
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