The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Jan. 9
Jan 12, 2026
The podcast dives into the Minnesota ICE shooting, analyzing officer conduct and the justification for deadly force. Experts discuss the implications of the Maduro indictment on Alien Enemies Act cases and debate a recent wrongful deportation order. Insights are shared on the disqualification of a U.S. attorney and ongoing litigation challenges linked to national security claims. The team also addresses audience questions about legality and civil suits in the context of recent events.
AI Snips
Chapters
Transcript
Episode notes
Alien Enemies Act Litigation Persists Amid Turmoil
- The Alien Enemies Act litigation remains live and complicated by transfers and geopolitical events.
- Judge Boasberg found constructive custody and ordered the government to propose due-process procedures after Venezuelans were swapped and moved.
Maduro Indictment Muddies Alien Enemies Act Claims
- The Maduro indictment's classification — criminal vs. military/state actor — matters deeply for Alien Enemies Act claims.
- The government and ACLU submit conflicting one-page notices arguing opposite legal implications of the indictment.
Speech-or-Debate Defense Rejected After Video Review
- Rep. Mikie Sherrill's speech-or-debate immunity claim failed on facts shown in video, leaving assault charges for a jury.
- Eric Columbus notes judges treated the immunity question as legal despite close factual video review.