The Illegal News with Sarah Longwell S2 Ep151: Trump’s Half-Baked Border Plan Collides With Legal Reality (w/ Andrew Weissmann)
18 snips
Mar 17, 2026 
Andrew Weissmann, former federal prosecutor known for high-profile investigations and legal analysis. He unpacks a judge’s rejection of subpoenas aimed at Jerome Powell. He breaks down the collapsing border trespass strategy and why courts keep tossing those cases. Conversation also covers looming Supreme Court fights over immigrant protections and legal risks shaping 2026.
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Courts Block Grand Jury Harassment Despite Low Subpoena Standard
- Federal grand jury subpoenas have a very low legal standard but cannot be used as harassment.
- Judge Boasberg quashed subpoenas for the Fed by citing Trump's repeated public statements demanding Powell be removed as evidence of improper motive.
A President's Public Rants Can Undermine DOJ Investigations
- Judges may consider a president's public statements as direct evidence of prosecutorial motive.
- Boasberg repeatedly cited Trump's social posts and comments about Jerome Powell to conclude the investigation was pretextual.
Avoid Politically Motivated Investigations That Courts Reject
- If DOJ wants durable prosecutions, avoid bringing cases that are transparently pretextual or politically motivated.
- Weissmann notes DOJ's motion to reconsider and appeal will likely struggle given the court's focus on motive.
