Andrew Weissmann
@weissmann.substack.com
NYU Law; MSNOW legal analyst & podcast cohost "Main Justice" (previously "Prosecuting Donald Trump"); NYT bestselling author.
Substack "Behind The Headlines" https://weissmann.substack.com
Offering legal analysis & opinion
Substack "Behind The Headlines" https://weissmann.substack.com
Offering legal analysis & opinion
Pinned
Consolidation of Power
A new episode of Main Justice, with a special guest
substack.com
Consolidation of Power- a new Main Justice episode on Minnesota, Venezuela, and the Federal Reserve.
substack.com/@ghost22/not...
substack.com/@ghost22/not...
Reposted by Andrew Weissmann
Frame by Frame Analysis: How Minneapolis Woman Exercised Her Rights in ICE Encounter
@weissmann.substack.com analyzes with me the viral video.
Topics: Everyone's legal rights and scope of federal agents' authority during this "immigration check"
Our full analysis here: youtu.be/uSO4-05Gvas?...
@weissmann.substack.com analyzes with me the viral video.
Topics: Everyone's legal rights and scope of federal agents' authority during this "immigration check"
Our full analysis here: youtu.be/uSO4-05Gvas?...
January 14, 2026 at 9:02 PM
Frame by Frame Analysis: How Minneapolis Woman Exercised Her Rights in ICE Encounter
@weissmann.substack.com analyzes with me the viral video.
Topics: Everyone's legal rights and scope of federal agents' authority during this "immigration check"
Our full analysis here: youtu.be/uSO4-05Gvas?...
@weissmann.substack.com analyzes with me the viral video.
Topics: Everyone's legal rights and scope of federal agents' authority during this "immigration check"
Our full analysis here: youtu.be/uSO4-05Gvas?...
Reposted by Andrew Weissmann
Really helpful lessons from an ICE encounter with someone who knows their rights. The longer version is worth watching, too!
Frame by Frame Analysis: How Minneapolis Woman Exercised Her Rights in ICE Encounter
@weissmann.substack.com analyzes with me the viral video.
Topics: Everyone's legal rights and scope of federal agents' authority during this "immigration check"
Our full analysis here: youtu.be/uSO4-05Gvas?...
@weissmann.substack.com analyzes with me the viral video.
Topics: Everyone's legal rights and scope of federal agents' authority during this "immigration check"
Our full analysis here: youtu.be/uSO4-05Gvas?...
January 14, 2026 at 10:29 PM
Really helpful lessons from an ICE encounter with someone who knows their rights. The longer version is worth watching, too!
Reposted by Andrew Weissmann
Watch and share!! An excellent explainer of (among other things) 4th and 5th Amendment rights of *anyone* in the United
States—documented or not.
HUGE thanks to @rgoodlaw.bsky.social and @weissmann.substack.com
(More explainers, please, and thank you!)
States—documented or not.
HUGE thanks to @rgoodlaw.bsky.social and @weissmann.substack.com
(More explainers, please, and thank you!)
Frame by Frame Analysis: How Minneapolis Woman Exercised Her Rights in ICE Encounter
@weissmann.substack.com analyzes with me the viral video.
Topics: Everyone's legal rights and scope of federal agents' authority during this "immigration check"
Our full analysis here: youtu.be/uSO4-05Gvas?...
@weissmann.substack.com analyzes with me the viral video.
Topics: Everyone's legal rights and scope of federal agents' authority during this "immigration check"
Our full analysis here: youtu.be/uSO4-05Gvas?...
January 14, 2026 at 10:19 PM
Watch and share!! An excellent explainer of (among other things) 4th and 5th Amendment rights of *anyone* in the United
States—documented or not.
HUGE thanks to @rgoodlaw.bsky.social and @weissmann.substack.com
(More explainers, please, and thank you!)
States—documented or not.
HUGE thanks to @rgoodlaw.bsky.social and @weissmann.substack.com
(More explainers, please, and thank you!)
Reposted by Andrew Weissmann
Two of the most inexplicable things about the largely incoherent OLC opinion:
First, on p.19 it says (correctly) that the operation was a "use of force" under international law, and then adds: "There is either a treaty that prohibits that use of force or there isn't." [1]
@justsecurity.org
First, on p.19 it says (correctly) that the operation was a "use of force" under international law, and then adds: "There is either a treaty that prohibits that use of force or there isn't." [1]
@justsecurity.org
“It is unlikely that even the full loss of the strike force would amount to the type of sustained casualties that would amount to a constitutional war” that lawmakers must approve, wrote the head of the department’s Office of Legal Counsel, T. Elliot Gaiser.
www.nytimes.com/2026/01/13/u...
www.nytimes.com/2026/01/13/u...
Justice Dept. Memo Said Trump Could Send Troops Into Venezuela on His Own
www.nytimes.com
January 14, 2026 at 1:21 PM
Two of the most inexplicable things about the largely incoherent OLC opinion:
First, on p.19 it says (correctly) that the operation was a "use of force" under international law, and then adds: "There is either a treaty that prohibits that use of force or there isn't." [1]
@justsecurity.org
First, on p.19 it says (correctly) that the operation was a "use of force" under international law, and then adds: "There is either a treaty that prohibits that use of force or there isn't." [1]
@justsecurity.org
Trump on the Renee Good murder: Asked if he believed deadly force was necessary in this case, Trump said: “It was highly disrespectful of law enforcement. The woman and her friend were highly disrespectful of law enforcement.”
But pardoning all the people who assaulted the capital police is ok?
But pardoning all the people who assaulted the capital police is ok?
January 14, 2026 at 2:18 PM
Trump on the Renee Good murder: Asked if he believed deadly force was necessary in this case, Trump said: “It was highly disrespectful of law enforcement. The woman and her friend were highly disrespectful of law enforcement.”
But pardoning all the people who assaulted the capital police is ok?
But pardoning all the people who assaulted the capital police is ok?
Consolidation of Power- a new Main Justice episode on Minnesota, Venezuela, and the Federal Reserve.
substack.com/@ghost22/not...
substack.com/@ghost22/not...
Consolidation of Power
A new episode of Main Justice, with a special guest
substack.com
January 14, 2026 at 12:09 PM
Consolidation of Power- a new Main Justice episode on Minnesota, Venezuela, and the Federal Reserve.
substack.com/@ghost22/not...
substack.com/@ghost22/not...
Reposted by Andrew Weissmann
Had to break to feed the children. Returning, and this is an interesting paragraph. Note the OLC “not a war” analysis is supposed to take into account risk of escalation into war. Here OLC says that the U.S. might sustain significant casualties, yet that doesn’t warrant Congressional involvement—
January 14, 2026 at 12:44 AM
Had to break to feed the children. Returning, and this is an interesting paragraph. Note the OLC “not a war” analysis is supposed to take into account risk of escalation into war. Here OLC says that the U.S. might sustain significant casualties, yet that doesn’t warrant Congressional involvement—
Reposted by Andrew Weissmann
Q: The premier of Greenland said today, 'We prefer to stay with Denmark.'
TRUMP: Who said that?
Q: The premier of Greenland
TRUMP: Well, that's their problem. I disagree with him. I don't know who he is. Don't know anything about him. But that's gonna be a big problem for him.
TRUMP: Who said that?
Q: The premier of Greenland
TRUMP: Well, that's their problem. I disagree with him. I don't know who he is. Don't know anything about him. But that's gonna be a big problem for him.
January 13, 2026 at 10:00 PM
Q: The premier of Greenland said today, 'We prefer to stay with Denmark.'
TRUMP: Who said that?
Q: The premier of Greenland
TRUMP: Well, that's their problem. I disagree with him. I don't know who he is. Don't know anything about him. But that's gonna be a big problem for him.
TRUMP: Who said that?
Q: The premier of Greenland
TRUMP: Well, that's their problem. I disagree with him. I don't know who he is. Don't know anything about him. But that's gonna be a big problem for him.
Reposted by Andrew Weissmann
1/DOJ OLC's memo on the #Venezuela attack makes clear that that in the Executive's view, there's nothing left of Congress' Art. I power to decide whether the nation goes to war.
Congress needs to push back hard on this.
More to come, but a few initial observations:
www.justice.gov/olc/media/14...
Congress needs to push back hard on this.
More to come, but a few initial observations:
www.justice.gov/olc/media/14...
www.justice.gov
January 13, 2026 at 10:50 PM
1/DOJ OLC's memo on the #Venezuela attack makes clear that that in the Executive's view, there's nothing left of Congress' Art. I power to decide whether the nation goes to war.
Congress needs to push back hard on this.
More to come, but a few initial observations:
www.justice.gov/olc/media/14...
Congress needs to push back hard on this.
More to come, but a few initial observations:
www.justice.gov/olc/media/14...
Reposted by Andrew Weissmann
DOJ just published a redacted version of the OLC memo justifying the Administration’s campaign/attacks in Venezuela and capture of Maduro:
www.justice.gov
January 13, 2026 at 9:50 PM
DOJ just published a redacted version of the OLC memo justifying the Administration’s campaign/attacks in Venezuela and capture of Maduro:
Reposted by Andrew Weissmann
NEW
An initially-secret report for Customs and Border Patrol in 2013 found:
In many vehicle shooting cases, the “driver was attempting to flee from the agents who intentionally put themselves into the exit path of the vehicle, thereby … creating justification for the use of deadly force.”
🧵
An initially-secret report for Customs and Border Patrol in 2013 found:
In many vehicle shooting cases, the “driver was attempting to flee from the agents who intentionally put themselves into the exit path of the vehicle, thereby … creating justification for the use of deadly force.”
🧵
January 11, 2026 at 7:17 PM
NEW
An initially-secret report for Customs and Border Patrol in 2013 found:
In many vehicle shooting cases, the “driver was attempting to flee from the agents who intentionally put themselves into the exit path of the vehicle, thereby … creating justification for the use of deadly force.”
🧵
An initially-secret report for Customs and Border Patrol in 2013 found:
In many vehicle shooting cases, the “driver was attempting to flee from the agents who intentionally put themselves into the exit path of the vehicle, thereby … creating justification for the use of deadly force.”
🧵
Reposted by Andrew Weissmann
Law enforcement officers CANNOT use deadly force against a fleeing person fleeing unless they have a reasonable belief that the individual poses a danger to others (e.g., they know the person is armed). If in vehicle, the person must be threatening to use deadly force with the vehicle or other means
January 7, 2026 at 6:44 PM
Law enforcement officers CANNOT use deadly force against a fleeing person fleeing unless they have a reasonable belief that the individual poses a danger to others (e.g., they know the person is armed). If in vehicle, the person must be threatening to use deadly force with the vehicle or other means
Good Q fora reporter to put to Miller: what is your take on the march into the Sudetenland?
Stephen Miller tells @CNN that Greenland rightfully belongs to the US and Trump could take it if he wants to. “We live in a world, in the real world, Jake, that is governed by strength, that is governed by force, that is governed by power." www.nytimes.com/2026/01/05/u...
Stephen Miller Asserts U.S. Has Right to Take Greenland
www.nytimes.com
January 6, 2026 at 8:03 PM
Good Q fora reporter to put to Miller: what is your take on the march into the Sudetenland?
White House white-washing of J6 continues. This latest fails to explain that if Trump was against violence, and it was allegedly fomented by Dems and the police (I guess the police wanted to be assaulted?), how does he explain not reacting immediately to quell the violence?
www.whitehouse.gov/j6/
www.whitehouse.gov/j6/
January 6: A Date Which Will Live in Infamy
Discover the real January 6 story: peaceful protest turned tragedy, Deep State entrapment, media deception, and President Trump's triumphant pardons restoring justice to patriotic Americans.
www.whitehouse.gov
January 6, 2026 at 8:01 PM
White House white-washing of J6 continues. This latest fails to explain that if Trump was against violence, and it was allegedly fomented by Dems and the police (I guess the police wanted to be assaulted?), how does he explain not reacting immediately to quell the violence?
www.whitehouse.gov/j6/
www.whitehouse.gov/j6/
You can listen live to the hearing held only by Democrats to commemorate the 5th anniversary of January 6th. It speaks volumes about the state of our democracy that no Republican Members of Congress are participating here, in what should be a bipartisan event.
www.youtube.com/live/EUEmzBY...
www.youtube.com/live/EUEmzBY...
After January 6th: Setting the Record Straight on the Capitol Insurrection
YouTube video by Rep. Jeffries
www.youtube.com
January 6, 2026 at 3:36 PM
You can listen live to the hearing held only by Democrats to commemorate the 5th anniversary of January 6th. It speaks volumes about the state of our democracy that no Republican Members of Congress are participating here, in what should be a bipartisan event.
www.youtube.com/live/EUEmzBY...
www.youtube.com/live/EUEmzBY...
Essential reading from @tessbridgeman.bsky.social
1/ Trump's War Powers Report to Congress on the #Venezuela strikes and seizure of #Maduro is in.
I've read/coded every WPR report and used to work on them in the White House. (See this searchable database & graphics warpowers.lawandsecurity.org/%F0%9F%91%87)
Here's what stands out about this one🧵:
I've read/coded every WPR report and used to work on them in the White House. (See this searchable database & graphics warpowers.lawandsecurity.org/%F0%9F%91%87)
Here's what stands out about this one🧵:
January 6, 2026 at 3:02 PM
Essential reading from @tessbridgeman.bsky.social
Next up, will Miller talk about taking the Sudetenland?
Stephen Miller Asserts U.S. Has Right to Take Greenland www.nytimes.com/2026/01/05/u...
Stephen Miller Asserts U.S. Has Right to Take Greenland www.nytimes.com/2026/01/05/u...
Stephen Miller Asserts U.S. Has Right to Take Greenland
www.nytimes.com
January 6, 2026 at 7:05 AM
Next up, will Miller talk about taking the Sudetenland?
Stephen Miller Asserts U.S. Has Right to Take Greenland www.nytimes.com/2026/01/05/u...
Stephen Miller Asserts U.S. Has Right to Take Greenland www.nytimes.com/2026/01/05/u...
Reposted by Andrew Weissmann
Eyes wide open, folks. They're revealing the supervillain plot.
January 5, 2026 at 5:53 PM
Eyes wide open, folks. They're revealing the supervillain plot.
Reposted by Andrew Weissmann
WH sources say Venezuela's opposition leader committed the "ultimate sin": She accepted the Nobel Peace prize.
“If she had turned it down and said, ‘I can’t accept it because it’s Donald Trump’s,’ she’d be the president of Venezuela today,” one said.
www.washingtonpost.com/national-sec...
“If she had turned it down and said, ‘I can’t accept it because it’s Donald Trump’s,’ she’d be the president of Venezuela today,” one said.
www.washingtonpost.com/national-sec...
January 5, 2026 at 3:02 AM
WH sources say Venezuela's opposition leader committed the "ultimate sin": She accepted the Nobel Peace prize.
“If she had turned it down and said, ‘I can’t accept it because it’s Donald Trump’s,’ she’d be the president of Venezuela today,” one said.
www.washingtonpost.com/national-sec...
“If she had turned it down and said, ‘I can’t accept it because it’s Donald Trump’s,’ she’d be the president of Venezuela today,” one said.
www.washingtonpost.com/national-sec...
Reposted by Andrew Weissmann
JD Vance's stated justification, drugs and:
"Stolen oil"
"Stolen oil"
January 3, 2026 at 2:27 PM
JD Vance's stated justification, drugs and:
"Stolen oil"
"Stolen oil"
Reposted by Andrew Weissmann
In the Maduro capture operation, the Trump administration relies on Bill Barr’s (discredited) 1989 memo claiming a President can disregard the UN Charter (CNN report).
That is a loaded gun. The legal analysis is utterly flawed.
My assessment just published:
www.justsecurity.org/127962/madur...
That is a loaded gun. The legal analysis is utterly flawed.
My assessment just published:
www.justsecurity.org/127962/madur...
Maduro Capture Operation and the President’s Duty to Faithfully Execute U.N. Charter: Assessment of 1989 OLC Opinion
A decades-old Office of Legal Counsel memorandum claiming the President can disregard the UN Charter does not withstand serious scrutiny.
www.justsecurity.org
January 3, 2026 at 4:39 PM
In the Maduro capture operation, the Trump administration relies on Bill Barr’s (discredited) 1989 memo claiming a President can disregard the UN Charter (CNN report).
That is a loaded gun. The legal analysis is utterly flawed.
My assessment just published:
www.justsecurity.org/127962/madur...
That is a loaded gun. The legal analysis is utterly flawed.
My assessment just published:
www.justsecurity.org/127962/madur...
Reposted by Andrew Weissmann
Sen Mike Lee with the first account I’ve seen of the Admin’s legal theory for the strikes. On the domestic law side — something like: Art II law enforcement power to capture Maduro (by invading his own country) combined with Art II power to protect those personnel executing the warrant.
January 3, 2026 at 10:50 AM
Sen Mike Lee with the first account I’ve seen of the Admin’s legal theory for the strikes. On the domestic law side — something like: Art II law enforcement power to capture Maduro (by invading his own country) combined with Art II power to protect those personnel executing the warrant.
Reposted by Andrew Weissmann
House Judiciary Committee releases on New Years Eve (in an obvious attempt to bury this info) the Jack Smith deposition transcript.
I recommend doing a word search for "proof beyond a reasonable doubt."
And explanation of disenfranchisement of urban areas.
judiciary.house.gov/sites/evo-su...
I recommend doing a word search for "proof beyond a reasonable doubt."
And explanation of disenfranchisement of urban areas.
judiciary.house.gov/sites/evo-su...
December 31, 2025 at 8:07 PM
House Judiciary Committee releases on New Years Eve (in an obvious attempt to bury this info) the Jack Smith deposition transcript.
I recommend doing a word search for "proof beyond a reasonable doubt."
And explanation of disenfranchisement of urban areas.
judiciary.house.gov/sites/evo-su...
I recommend doing a word search for "proof beyond a reasonable doubt."
And explanation of disenfranchisement of urban areas.
judiciary.house.gov/sites/evo-su...
Bari Weiss, really? Really.
On left:
Bari Weiss: 60 Minutes segment failed to show Government view that CECOT detainees are due judicial review
On right:
Judge Boasberg Dec 22: "The Government itself has not even contested that the detainees who now make up the CECOT class received inadequate process prior to their removal"
Bari Weiss: 60 Minutes segment failed to show Government view that CECOT detainees are due judicial review
On right:
Judge Boasberg Dec 22: "The Government itself has not even contested that the detainees who now make up the CECOT class received inadequate process prior to their removal"
December 23, 2025 at 6:35 AM
Bari Weiss, really? Really.