The former special counsel testified in front of the Republican-led House Judiciary Committee for five hours on Thursday. After the hearing was adjourned – and in between their respective hits for MS NOW’s evening shows – Mary and Andrew shared their takeaways from Smith’s time under questioning. As they note, the representatives who called Smith in often used their allotted 5 minutes to read aloud their own political statements and left him little room to say anything. In his opening statement, Smith took pains to stand up for his staff, some of whom were fired from their public service jobs, some whom have been vilified by the president's supporters, and some threatened. He said they are the best of public servants and our country owes them a debt of gratitude. Over the course of the day, Smith repeatedly told lawmakers that his team had proof that Trump knew his allegations about the election being stolen were false, that he caused the Jan. 6th insurrection and that he exploited subsequent violence. While Smith was testifying, as Mary points out, Trump posted on Truth Social: “Jack Smith is a deranged animal, who shouldn’t be allowed to practice Law. If he were a Republican, his license would be taken away from him, and far worse!”

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.

Protests continue in Minnesota after the state sued to stop President Trump’s surge of immigration agents to a city still reeling from the death of Renee Good. After mulling where we are one year into this administration, Mary and Andrew zero in on Trump’s revived desire to invoke the Insurrection Act, as Governor Tim Walz and Minneapolis Mayor Jacob Frey become the targets of a federal inquiry. Adding to the tumult, numerous Minnesota prosecutors have quit over the pretense of an investigation into the wife of Renee Good. The co-hosts then turn to Boston, where Judge William Young rebuked government attacks on free speech, outlining an order he’ll issue to restrict deportations of noncitizen scholars. Topping off the episode, Mary and Andrew unpack the alarming FBI raid on a Washington Post reporter's home.

Note to listeners: Andrew and Mary will be back later this week to react to former Special Counsel Jack Smith's live testimony before the House Judiciary Committee. Check in Thursday evening to hear their takeaways.

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.

Today’s episode begins with the fatal shooting of Renee Good last week at the hands of an ICE officer in Minneapolis. Mary and Andrew break down the frame by frame of the tragedy and its fallout — pointing to the Trump administration’s deflective response, the Civil Rights Division’s decision not to investigate, and the inflammatory language used by the Vice President and Trump himself. Joining the conversation next for a deep dive into Trump’s actions in Venezuela is international law expert Rebecca Ingber, who explains how the incursion has no clear legal justification under international law. Last on the agenda, the co-hosts turn to news out of D.C. where the U.S. Attorney launched a criminal probe into Federal Reserve Chair Jerome Powell, sparking questions about the Fed’s independence and government sanctioned retribution campaigns.

A Note: In this episode, Mary and Andrew talk about top DOJ officials quitting over their division’s refusal to investigate the Minnesota shooting. After recording, the New York Times among others reported the following: Six Prosecutors Quit Over Push to Investigate ICE Shooting Victim’s Widow

Further Reading:

Here is the Federal Reserve’s explanation of the renovations: Federal Reserve’s Renovation of Two Historic Buildings

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.

Listen to this special invitation from Rachel Maddow and sign up for MS NOW Premium on Apple Podcasts to take advantage of a 3-month free trial!

With MS NOW Premium, you can get our entire suite of podcasts – everything from “The Last Word with Lawrence O’Donnell” to “The Best People with Nicolle Wallace” – all ad-free. As a subscriber, you also get early access to select shows, plus exclusive bonus content – like a new episode of “Rachel Maddow Presents: Burn Order,” out Friday. Sign up right here, then search “Burn Order” to listen to that Premium episode.

There’s a lot in store for 2026. So to celebrate the new year, we’re giving away 3 months free if you sign up by the end of January! It’s just $2.99/month or $29.99/year after that. Thanks for listening!

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.

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 HERE
• HERE 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 HERE

Further 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 HERE

And 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.