This episode begins with Mary and Andrew digesting the 2-1 decision from the Fifth Circuit Court of Appeals halting the Trump administration’s ability to use the Alien Enemies Act to deport Venezuelan nationals accused of being members of Tren de Aragua. Andrew calls the administration’s recent arguments “outlandish” before moving to the questionable legality of the U.S. military’s deadly boat strike last week – an unprecedented action which left eleven dead. Next, they move to Monday’s Supreme Court decision undoing limits set by a lower court on how ICE conducts immigration raids. Plus, a federal judge issues a win for Harvard University on the topic of frozen and terminated funds.

Further reading: The 5th Circuit Court of Appeals’ ruling on Trump’s invocation of the Alien Enemies Act to deport Venezuelans

And a reminder: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.

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After a Labor Day weekend that saw a judge halt the Trump administration's attempt to deport dozens of Guatemalan children already loaded onto airplanes, Andrew and Mary had planned to start their conversation there. But just this morning, Judge Charles Breyer ruled the administration cannot deploy U.S. military to carry out law enforcement operations, as this violates the Posse Comitatus Act. Andrew and Mary provide historical context for the act and walk us through the rationale of this latest ruling. Then, they take a beat on moves to oust two more Trump appointed U.S. Attorneys in California and Nevada who have yet to be congressionally approved. And last up, they review several big cases on tariffs, Lisa Cook, and cuts to foreign aid.

Further reading:

• Here is Judge Thomas T. Cullen’s opinion dismissing Trump’s lawsuit against Maryland federal judges.
• And here is Judge Charles Breyer’s ruling on the Posse Comitatus Act: Opinion granting injunctive relief

And a reminder: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.

Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

On Monday, after Kilmar Abrego Garcia was taken into ICE custody, Judge Paula Xinis temporarily barred the Trump administration from deporting him to Uganda. Mary and Andrew begin here, reminding listeners that the origin of his case stems from a mistake made by our government. Next, they detail the questionable nature of the FBI raid on former National Security Advisor John Bolton’s home and office before diving into some 30+ letters sent by Attorney General Pam Bondi to blue-leaning jurisdictions, with the aim of ending their sanctuary policies. Last up, Mary and Andrew drill down on Trump’s latest executive order related to a rapidly deployable National Guard unit, as he sharpens threats to send troops into more cities.

Further reading:

• Trump’s Executive Order: ADDITIONAL MEASURES TO ADDRESS THE CRIME EMERGENCY IN THE DISTRICT OF COLUMBIA
• Garrett Graff's piece Mary referred to: America Tips Into Fascism

And a reminder: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.

Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.