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It's Complicated

Episode 156 | Trump DOJ Gambles with Constitutional Misconduct

It's Complicated

Renato Mariotti

News Commentary, News, Politics

4.71.1K Ratings

🗓️ 2 February 2026

⏱️ 43 minutes

🧾️ Download transcript

Summary

As the nation absorbed the shock of Alex Pretti’s killing in Minneapolis, the state of Minnesota argued in federal court that the Trump administration was violating the 10th Amendment with Operation Metro Surge. Asha and Renato discuss how the federalism argument can be a check on the Trump administration, which appears to be using 3,000 ICE and Border Patrol agents to intimidate Minnesota officials into doing what it wants. Plus, Renato and Asha analyze ICE’s contention that its agents can use administrative “warrants” to enter a person’s home to conduct a search and arrest, possibly violating the 4th Amendment. Tune in! Garrett Graff Doomsday Scenario: "ICE 101" — How Trump changed ICE and CBP into a fascist secret police: https://www.doomsdayscenario.co/p/ice-101-how-trump-changed-ice-and-cbp-into-a-fascist-secret-police Asha Substack: https://asharangappa.substack.com/ Subscribe to our podcast: https://link.chtbl.com/its-complicated Follow Asha on Bluesky: https://bsky.app/profile/asharangappa.bsky.social Follow Renato on Bluesky: https://bsky.app/profile/renatomariotti.bsky.social Follow Asha on Instagram: https://www.instagram.com/asha.rangappa/ Follow Renato on Instagram: https://www.instagram.com/renato.mariotti/ Cruise with us! https://www.travelstore.com/group-travel/its-complicated-cruise-2026/ Subscribe: https://www.youtube.com/@LegalAFMTN?sub_confirmation=1 Become a member of Legal AF YouTube community: https://www.youtube.com/channel/UCJgZJZZbnLFPr5GJdCuIwpA/join Become a member of the Legal AF Substack: https://michaelpopok.substack.com/20off Follow Legal AF on Bluesky: https://bsky.app/profile/legalafmtn.bsky.social Follow Michael Popok on Bluesky: https://bsky.app/profile/mspopok.bsky.social Subscribe to the Legal AF podcast feed here: https://podcasts.apple.com/us/podcast/legal-af-by-meidastouch/id1580828595 Subscribe to the Intersection with Michael Popok podcast feed here: https://podcasts.apple.com/us/podcast/the-intersection-with-michael-popok/id1818863274 Subscribe to Unprecedented with Michael Popok and Dina Doll podcast feed here: https://podcasts.apple.com/us/podcast/unprecedented-by-legal-af/id1867023089 Subscribe to Court of History with Sidney Blumenthal and Sean Wilentz podcast feed here: https://podcasts.apple.com/us/podcast/the-court-of-history/id1867022920 Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

So Renato, is federalism going to finally be the thing that stops Trump?

0:07.3

It's complicated.

0:13.0

I'm Asha Rangappa. I teach national security law at Yale University. I'm a former FBI special

0:19.0

agent, and I'm the author of the Freedom Academy Substack. And I'm Renato Marietti. I'm a former FBI special agent, and I'm the author of The Freedom Academy

0:21.7

Substack. And I'm Renata Marietti. I'm a former federal prosecutor, a practicing lawyer,

0:27.3

and a legal analyst. And we're here to help you understand topics that can be boiled down

0:32.1

into a soundbite or a skeet. Well, we're back in court. Yeah. a skate.

0:39.5

Well, we're back in court,

0:45.5

you know, which we've been doing now for a year,

0:51.7

but in the context of what is happening in Minnesota.

0:54.0

That's right. And I mean, it's really been a remarkable week or so, Asha, since you and I spoke last,

1:03.0

because I will say, you know, beyond the law, there's really been some true movement on the, you know, political front against Trump in the wake of

1:15.9

an apparent murder that is so impossible to justify that Trump and his own team is struggling

1:26.2

to find ways

1:28.3

to justify it or talk around it or mislead us about what had happened.

1:35.3

Yeah, to use a phrase that sometimes comes up in the legal world,

1:39.3

I would call it shocking to the conscience.

1:43.3

And we can talk a little bit later about I would call it shocking to the conscience.

2:05.1

And, you know, we can talk a little bit later about, you know, how much the kind of not being able to manage the PR fallout from that is affecting the Trump administration because they did remove Bovino from directing the operations and now have Tom Homan there. I don't know that that's going to practically

2:11.1

change anything. I think there was a lot of, you know, some of the headlines were like, oh,

2:16.5

they're going to, you know, get out or they're going to try to, I guess, comply with the law.

2:21.5

And that does not seem to me what is happening. And in fact, I think the statements that Tom Homan has made kind of leads into some of the issues that we're going to talk about with regard to the

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