Episode Details

Over at Talking Points Memo, Josh Kovensky has written an essay on the Trump

administration’s use of anti-terrorism law to target political groups it doesn’t like.

In that piece, Kovensky notes,

"Across the country, federal prosecutors are upgrading what would have been routine

prosecutions into terrorism cases when they involve people President Trump has cast as his

political enemies.

It represents a dramatic departure from how the Justice Department has historically used the

federal material support for terrorism statute. For decades, counterterrorism prosecutors have

largely reserved the statute — 2339A — for the kinds of audacious plots that wreak real, lasting

damage or whose ambition forms the stuff of movie screenplays."

I spoke to Kovensky about his essay and the history and politics of this dangerous legal

innovation.