The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Dec. 19
Dec 22, 2025
In this engaging discussion, Anna Bauer, Molly Roberts, Eric Columbus, and Loren Voss dissect pressing legal matters including the acquittal of Judge Hannah Dugan for obstructing immigration agents and the challenges faced by New York Attorney General Letitia James in securing indictments. They explore the intriguing reasons why grand juries have shied away from taking action against James, and delve into a denial of a temporary restraining order related to White House construction. The panel also touches on the complexities of the Sixth Circuit's ruling on firearm bans for unlawful aliens.
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Instructions Likely Drove Mixed Verdict
- Jury instructions mattered: acquittal on misdemeanor required knowing identity, while felony obstruction required only knowledge of the proceeding.
- That split instruction likely produced the acquittal-plus-conviction verdict and may prompt appeal.
Circuit Judges Push Back On Contempt Investigations
- The D.C. Circuit questioned district courts' scope to investigate indirect contempt outside their presence and whether to delay referrals for prosecution.
- That reluctance risks weakening courts' ability to fact-find and enforce against noncompliant executive action.
Court Recognizes Congress Members' Oversight Standing
- Judge Gia Cobb allowed members of Congress to sue to enforce an appropriations rider protecting unfettered oversight visits to immigration facilities.
- Standing here deviates from Raines by treating legislators' individual oversight rights as judicially cognizable.