Two National Guard Members Shot Near White House

27 Nov 2025 · 40 min · 16 chapters

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In short

Breaking news from Washington, D.C.: two West Virginia National Guard members were shot near the White House complex; authorities say it was a targeted attack, with the suspect injured and taken into custody. The episode also discusses the broader political/legal fight over deploying National Guard troops in D.C., plus a separate segment on the FBI/Pentagon investigating Democratic lawmakers and a Thanksgiving inflation segment.

Guests (backgrounds)

Ken Delaney (justice/intelligence reporter); Akela Gardner (White House correspondent); Tom Manger (former U.S. Capitol Police Chief, law enforcement analyst); Michael Feinberg (former FBI assistant special agent in charge; national security/intelligence analyst); Andrew Weissman (former FBI general counsel; former Mueller prosecutor); Jared Bernstein (former CEA chair).

Key claims

JTTF/FBI lead and consider terrorism motive; suspect shot at close range after rounding a corner; deployment is legally disputed (Home Rule Act; judge injunction appealed); government actions may violate First Amendment rights in the lawmakers investigation.

Notable examples

video/press accounts of “boom, boom” and the suspect being subdued; cameras near a metro station; discussion of threats to prosecute Sen. Mark Kelly under military law; grocery inflation figures and tariff/drought impacts.

Written by AI. May contain mistakes. Listen to the episode to check what was said.

Chapters

Tap a time to open that second in VO

Understanding Enterprise AI

0:00 to 0:37

Learn about the capabilities and control of AI in enterprise settings.

“Is it possible for AI to work in the enterprise?”

Shooting of National Guardsmen Near White House

1:08 to 3:40

Details about the shooting incident involving two National Guardsmen.

“Two National Guardsmen from West Virginia were shot today just outside the White House complex in downtown D.C.”

Investigation and Security Measures

3:40 to 6:06

Overview of the investigation into the shooting and security responses.

“since August, but they have not been making arrests.”

Media Response and Implications

6:06 to 11:23

Discussion on media response and implications of the shooting.

“There are reports that they were both in fatigue.”

Legal Context of National Guard Deployment

11:23 to 14:00

Exploration of the legal context and challenges surrounding National Guard deployment.

“They will be able to interview relatives, family members, and try to piece together this suspect's movements.”

Troop Justification After Shooting

14:00 to 14:54

Discussion on the justification for sending additional troops to D.C. after the shooting.

“What is the justification for sending the additional 500 troops to D.C.?”

Investigation Insights from Tom Manger

14:54 to 17:43

Tom Manger shares his insights on the investigation process and challenges faced.

“Capitol Police Chief and law enforcement analyst.”

Crime Scene Management and Evidence Collection

17:43 to 21:15

Exploration of how law enforcement manages crime scenes and gathers evidence.

“anything that can be used and that would be used for prosecution of this case at some point.”

Security Measures for Guardsmen

21:15 to 22:47

Discussion on the importance of security measures for National Guard members in D.C.

“And so did they have enough time to even react, even if they would have seen this individual with a gun in his hand?”

Analysis of Investigation Dynamics

25:11 to 28:00

Michael Feinberg discusses the complexities of the ongoing investigation.

“We will continue to cover the breaking news in Washington, where two National Guard members have been shot just blocks away from the White House.”
Show all 16 chapters

Understanding the Shooting Incident

28:00 to 31:25

Analyzing the motivations and implications of the shooting of National Guardsmen.

“Well, that's an important thing to note.”

Understanding the Shooting Incident

31:36 to 31:59

Analyzing the motivations and implications of the shooting of National Guardsmen.

“Thumbtack knows homes, so you don't have to.”

FBI Investigation of Democratic Lawmakers

32:11 to 39:42

Discussing the FBI's investigation into lawmakers and its implications on freedom of speech.

“Senator Elisa Slotkin confirming the inquiry on social media, writing, quote, The president directing the FBI to target us is exactly why we made this video in the first place.”

Thanksgiving Price Increases

39:42 to 42:05

Exploring reasons behind rising costs for Thanksgiving dinner and its broader economic context.

“Tariffs are pushing prices higher for this Thanksgiving, and people are feeling the squeeze in their wallets.”

Healthcare Costs and Economic Stress

42:05 to 42:43

Discussion on the impact of budget changes on healthcare premiums and affordability.

“That is something that has people very stressed out right now.”

Shooting Incident Involving National Guardsmen

42:50 to 44:58

Details on the shooting of two National Guardsmen in Washington, D.C., and the response by law enforcement.

“They are both reportedly in critical condition.”
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Transcript

Automatic transcript. May contain errors.

0:00Is it possible for AI to work in the enterprise? The short answer is yes. The long answer is oh yes. Users can pick the AI providers they prefer and you can decide which data is off limits, monitor all AI activity and control every detail. This is Enterprise AI from Ireland. AI at its best by keeping out the worst. Scaled for the enterprise. From Ireland. This heat isn't letting up. And if your windows and doors aren't performing, your home is feeling it. Now's the time to replace your old, worn-out windows and doors during the Renewal by Anderson Summer Sizzler event. For a limited time, enjoy Buy One, Get One 40 % off, plus$50 off each window and door with a minimum of four.

0:50And buy now and pay later with our special financing. Stay cool with these summer savings by visiting RenewalByAndersonHome.com today and get your project started. Welcome to The Beat. I'm Michelle Norris. I'm in for Ari Melber, and we start tonight with breaking news out of the nation's capital. Tragic news. Two National Guardsmen from West Virginia were shot today just outside the White House complex in downtown D.C. FBI Director Cash Patel has said they are in critical condition. The West Virginia governor originally said both members were killed, but later said there were, quote, conflicting reports.

1:28Now, there's a lot that we do not know right now. This is a fast-breaking story, so we're going to be very careful in reporting on developments. Washington Mayor Mario Bowser has said the attack appeared to be, quote, targeted. The scene and surrounding buildings are now secured. The police chief gave a press conference this evening. A suspect came around the corner, raised his arm with a firearm, and discharged it at the National Guard members. The National Guard members, there were other members that were in the area. They were able to, after some back and forth, able to subdue the individual and bring them into custody.

2:09Officials are saying a suspect was injured and is now in custody. FBI Director Cash Patel is saying it will be treated as an assault on a federal officer. Bystanders describing the shooting to reporters earlier today. I was in the Uber. I heard boom, boom, twice. I was looking at my cell phone and the Uber driver said, why are all these people running? What I heard were, you know, like pop, pop, pop. But then boom, boom, boom. So immediately I went forward to see what was going on. And as you see in the video, I see two National Guard members down and people are working on them. Those are bystanders describing what they heard and saw earlier today.

2:54Donald Trump is not in the White House, but he has been briefed on the matter, we're told. Defense Secretary Pete Hegseth says that they will now be deploying 500 National Guard troops to Washington, D.C. That's 500 additional troops. And administration officials were speaking out today. It's a somber reminder that soldiers, whether they're active duty reserve or National Guard, our soldiers are the sword and the shield of the United States of America. We will never back down. We will secure our capital. We will secure our cities. President Trump has asked me and I will ask the secretary of the Army to the National Guard to add 500 additional troops, National Guardsmen to Washington, D.C., Donald Trump's mobilization of the National Guard has been a political flashpoint nationwide.

3:45Troops have been present in D.C. since August, but they have not been making arrests. Days ago, a judge ordering the Trump administration to end the National Guard deployment in the city, but pausing that ruling for three weeks to give the administration time for appeal. MS Now's Kevin Fry joins me now from the site of the shooting. Kevin, can you tell us the latest developments there? Right. So we are just one block from the intersection where police say this all happened around 2.15 p.m. this afternoon. That is when they say that this assailant went around the corner and basically shot at both of these two National Guard troops.

4:29Then there was some exchange, as the police have described it. And then ultimately, that individual, the shooter, was also detained. notably the mayor, as you already just laid out, described this as a targeted attack. Now, to just give you a sense of where things are right now, again, just to orient you, we are about a block, we're about three blocks where I'm standing from the White House, this scene about a block and a half, two blocks from the White House. Within the last 30 minutes or so, they began to bring in, and you can see some of it being set up now, new lighting equipment, barriers, and so forth, as they are clearly preparing to set this up as a very enforced crime scene overnight.

5:06And obviously, they are now working into the early dark hours here in Washington as they begin to collect evidence and root through this crime scene, which they already, I should note, expanded earlier on today. Beyond that, and not to be too glib about it, of course, it is Thanksgiving, the long holiday weekend. There are plenty of tourists wandering around here in town, many onlookers, and some people just trying to retrieve their cars, which are behind this police tape. So life goes on here in the city beyond the couple blocks that this crime scene occupies. Normally a very busy part of the city, perhaps less so because it is the eve of Thanksgiving.

5:43The question about the notion that this might have been a targeted attack. Some have used the word ambush. Is there any other information about that? We've not received anything yet. And I would I would defer to our various law enforcement reporters for more information on that front. But they did indicate at this press conference, as I just mentioned, that this individual or these these National Guard troops were going around the corner and they were both attacked. There are reports that they were both in fatigue. So they were clearly identifiable as National Guard troops, which that has led to, as one might expect, in this very heated environment we are in.

6:23You have seen comments from folks like Congressman Hakeem Jeffries, the top Democrat in the House, for example, coming out and saying that they condemn political violence of all stripes. obviously trying to get ahead of any snowballing narratives that might emerge, as we've seen in recent shootings over the last several months. Kevin, thank you very much. We turn now to justice and intelligence reporter Ken Delaney, and he joins me now. Ken, is there any other news that you have been able to learn about the suspect or any kind of motive? Michelle, we do have some new news at this hour, which is that two law enforcement sources tell my colleague Mark Santia and me that the Joint Terrorism Task Force, the FBI's JTTF in Washington, D.C., is taking the lead in this investigation and examining whether there is a terrorism motive here.

7:14That doesn't mean they've concluded there was a terrorist motive, but because this was a targeted attack, and it's very clear that law enforcement has concluded this was a targeted attack, an ambush targeting these uniformed National Guard members, that the JTTF is taking the lead and considering this an attack on a federal officer. And now they're trying to figure out what exactly the motive was. And, of course, they're working backwards. They've got a suspect in custody. They're working to identify this suspect. The suspect was shot and wounded, so it's not clear whether they're able to talk to the suspect.

7:45But there's a lot of there were a lot of cameras in that area around the metro station one block from the White House. So they're examining all that footage they're going through. They're trying to determine if they have an identity in the suspect. They're going through his digital footprint, interviewing relatives, all trying to piece together a possible motive. But they made clear during the news conference that the suspect armed with a handgun rounded the corner, pointed the gun at these two National Guard members and shot them in the head. So there's no doubt in the minds of this law enforcement sources we're talking to that this was a targeted attack and it's being investigated as such.

8:20And it's important to point out that the National Guard has been deployed here for some months. Two thousand National Guard members. They are armed, but they are not making arrests. They're there by and large, although the deployment has been challenged legally. And as you said, a federal judge ruled a few days ago that it was illegal. The Trump administration now appealing that ruling. It's been fairly non-controversial. The mayor of D.C. sort of made her peace with having these troops here patrolling the streets. They're often seen milling about on their phones. They've engaged in beautification efforts.

8:52They've picked up trash. They are not, for the most part, doing anything that is arousing the ire. of people on the streets of D.C. And so it's perplexing and it's going to be a mystery that law enforcement is going to try to solve what exactly motivated this attack, Michelle. The guardsmen, guard members were told were armed, and that has been somewhat controversial. It was a decision made in August that they were allowed to carry firearms. Can you say a little bit about that, Kent? Yes, that's right. Even though they don't have arrest powers, Initially, many of them were not armed, and then a decision was made to arm them.

9:32I'm not aware of any reports that they've ever discharged their weapons in D.C. And again, these are people from all around the country. These were from West Virginia who did not volunteer to be there. They were ordered to be there by their commanding officer and ultimately by the president of the United States. And they were working, these two people, the day before Thanksgiving, and this tragedy has ensued. And yes, the day before Thanksgiving, their family members obviously waiting to hear guards members often live very closely together. So this is something that would affect not just those that were shot, but the entire unit, I imagine.

10:08Yeah, absolutely. And I've been wondering tonight how it's going to affect the rest of the D.C. guard, the guard members deployed in D.C., who probably until this moment had not perceived themselves to be under any kind of threat. And now they may think differently and they are going to be walking around an American city, as you point out, armed now cognizant of the fact that two of their fellow soldiers were attacked and shot and are in critical condition right now in a hospital. And that's that's a terrible situation for all involved. Yeah. And we should note these guards members were reportedly from West Virginia.

10:48They are National Guards members here from Mississippi, Tennessee, Ohio, Louisiana, a couple of thousand of them all together and 500 more on their way. One last question, Ken. There are so many cameras in that area. Can you talk a little bit about what the investigation will start to look like in terms of the cameras, the text records, you know, all the material that they're going to try to gather to figure out what happened? Yes, they're absolutely, particularly because that was at a metro station. There are lots of cameras, probably every few feet there are cameras. So they're pulling all that footage.

11:21And depending on whether they have an identity yet of this suspect, and no doubt they will soon if they don't already, if they have the identity, then they are able to quickly prepare search warrants and obtain all of his digital footprints, his social media accounts, email, texts, all that stuff to try to figure out what was his frame of mind. They will be able to interview relatives, family members, and try to piece together this suspect's movements. They want to figure out exactly where he was before the shooting. They said during the news conference that they didn't know exactly what type of weapon this was, but they will obviously make that determination through ballistics and try to figure out where the weapon was obtained.

12:01So all the usual things, but the most important thing really is determining the motive here. And again, the Joint Terrorism Task Force now taking the lead on this investigation and looking into whether there was a terrorist motive here, Michelle. Candelanian, thank you very much. You bet. We turn now to White House correspondent Akela Gardner. She was inside the briefing room in the building when it was shut down. Akela, can you describe what that afternoon was like? Well, Michelle, all the reporters and photographers who were gathered here on the White House North Lawn were suddenly rushed inside.

12:38We didn't initially understand what was happening, but the Secret Service literally locked the door so we could not exit the press briefing room. Of course, we now know that two National Guard members were shot, and that is why we were remaining inside, sheltering in place, if you will. We were in there for about an hour, but a few hours ago we were allowed to leave and reporters are now allowed to come and go from the White House complex now. But the president today said that he was briefed, but he and other law enforcement officials are calling for the suspect involved to be prosecuted to the highest extent.

13:15And this all comes after the Trump administration appealed a decision from a federal judge saying that this deployment of the National Guard was unlawful. But President Trump has very much viewed this deployment as key to an effort that he calls making D.C. safe again. And so the message that we heard from Secretary Hegseth today from the Pentagon is we will not back down. He said that refrain several times today to reporters, and he is now asking for an additional 500 National Guard troops to be deployed to D.C., adding to about 2 ,000 that are already stationed here in the nation's capital. As you know, U.S.

13:53District Judge Gia Cobb upheld the injunction and said that this that the White House was overstepping their boundaries here and that this was in violation of the Home Rule Act, allowing the district to basically manage itself. What is the justification for sending the additional 500 troops to D.C.? Well, in Hexert's words today, he said that today's shooting, in his words, only stiffens our resolve to ensure that we make Washington safe and beautiful. So it seems that it is a direct response to today's attack. And the message is largely that they are doubling down on keeping these troops here.

14:31There was a court filing that suggested that we could see troops remaining in D.C. until 2026, the summer. The nation's capital is going to be celebrating America's 250th anniversary. So the administration certainly hopes that these troops stay here, even though this deployment remains on shaky legal ground. Akayla, thank you very much. And joining me now is Tom Manger, former U.S. Capitol Police Chief and law enforcement analyst. Tom, so glad that you're with us tonight as this story unfolds. We just heard from Ken a little bit about what the investigation will look like. I'd like to hear you talk a little bit about that also from your perspective.

15:14So the fact that the Joint Terrorism Task Force is involved is really not a surprise. I mean, these are the folks that are the experts and can find out if this individual has any background, any past that would indicate that there was or indicate a motive involved with this shooting. The JTTF has access to a number of databases. Every JTTF, certainly the one in D.C., has representatives from so many national, state, and local police departments have analysts in that JTTF. So they've got really more information than any one single agency would have in terms of trying to delve into the background of this individual.

16:09Now, the suspect has not been identified as of yet. And I will say that what I can tell you is that this suspect was reportedly shot. And so when he went to the hospital, he is being treated like a patient by the medical personnel there. And the law enforcement may have had little access, little to no access to speak with this individual if the medical professionals felt that they had work to do and they can't wait, you know, to have law enforcement interview this individual. They will interview him eventually, but it will be when the medical personnel think that he is that they're done their work and that he can allow law enforcement to question this person.

16:59I can recall a case where very quickly law enforcement was able to get a single fingerprint from a suspect, and the fingerprint did come up with the identification of the individual. So whether that technology has been used, we don't know at this point. But I know that law enforcement is on top of this issue about identifying the suspect as quickly as they can. It was mentioned earlier that they brought lights in and they were still working the crime scene. They have to make sure that they have every bit of evidence, every shell casing, every bit of blood evidence, anything that can be used and that would be used for prosecution of this case at some point.

17:50They've got to have everything. You can't just say, well, we know that this guy shot the officers. You've got to have the evidence to prove that that occurred. And whether it's video evidence, whether it's linking the gun that was in his hand to the shell casings that came out of that weapon, all of that work still needs to be done. And that work will likely go through the night to make sure that they have everything that they need. Now, people watching this outside of Washington may not understand just how close this actually is to the White House, not far from the nation's capital either. Because of the geography and because this involved two guards members, will they national guards members?

18:33Will that have a particular impact on the way they carry out the investigation? Not not so much. I mean, this is, you know, in Washington, D.C., we are very used to working collaboratively, multi-agency involved in investigations. It's not unusual for the FBI and the Metropolitan Police Department, the FBI and the Capitol Police to work together on cases to ensure that you have all the resources that you need to pull a good case together for prosecution. So while this is a tragic case, and it just breaks my heart for the National Guard and and all of its members for the families of these two guardsmen that have been shot.

19:25This is we have worked these kinds of cases before, whether it's an assassination, you know, an assassination attempt to the president. President Reagan went to when that, you know, he was shot outside of that hotel. The all of these we're used to working these cases. We're used to all of these jurisdictions having a piece of the investigation. And so the fact that it was near the White House, the fact that it was in D.C., this is what we do every day. One last question, Tom. Do you imagine what they might be telling the other National Guard's members who are here far away from home who will be patrolling the city and the other 500 that will be coming here in terms of their safety and their morale?

20:12So that is such an insightful question because there needs to be a message sent to every National Guard member deployed in Washington, D.C., frankly, every National Guard member who's deployed in any city around this country, to make sure you remind them of their mission, that you remind them of how important their safety is. There may be some information that's put out about some some precautions that can be taken. I will tell you that that, you know, you learn in the police academy that when you're in a crowd, you keep your head on a swivel. You're always looking at who's around you. You're always looking at people's hands.

20:57And it's not paranoia. It's just become second nature to you. And that's why it was interesting that Chief Carroll talked about the fact that this individual came from around the corner. So, you know, these guardsmen very likely were taken by surprise. That's why I think the term ambush is appropriate in this case. And so did they have enough time to even react, even if they would have seen this individual with a gun in his hand? Did they have time to react? And, you know, but I will tell you that that a lot of cops would are you don't see them generally standing in one place without making, you know.

21:37And if they are, they're watching what's going on all around them to ensure that if anything suspicious happens, if they see someone acting strangely, that they can react to it. And you try to stand in such a way that someone can't come and surprise you, that you can see people approaching from all different sides. And just to put a fine point on that, when I was a young cop and I was going to sit and write a report somewhere, especially at night, you would back in to a parking spot or back into a space where you had like a building or a brick wall behind you so that you could see, you know, somebody couldn't come from behind you.

22:22They'd have to come from in front of you where you might see them. And again, not paranoia. It's just officer safety techniques. So this might be part of a message that the guardsmen get. But their leadership does need to talk to them about this. This is a traumatic thing for every single guardsman they've lost or certainly may lose, you know, two colleagues. We pray that these guardsmen do recover, but they're in critical condition and it's still up in the air. So we got to pray for that. But the guardsmen need to hear a message from their leadership about this and to make sure that they feel safe, they feel supported, and that they understand their purpose and how they should react to this.

23:13Yeah. Yeah, holding the guardsmen that were shot today, their families, and really all of them that are patrolling cities in prayer right now. Tom, thank you very much. Thank you. We will have more on the shooting tragedy, plus the day's other news, when we're back in just 90 seconds.

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25:11Welcome back. We will continue to cover the breaking news in Washington, where two National Guard members have been shot just blocks away from the White House. But we're also turning to other news today. And joining me now is Michael Feinberg, National Security and Intelligence Analyst, former assistant special agent in charge with the FBI. Thank you so much for being with us. Your thoughts on how this investigation will likely unfold, not just through the evening, but can you look into the days ahead? Yeah, of course. I think that there is a sort of mistaken assumption by most of the public that investigations like this proceed very linearly.

25:57People assume they're sort of like a staircase where you take one step at a time and with each step you get a little bit more of an unobstructed view of what happened. There's an element of that, but what's actually going on is more akin to a bicycle wheel with a lot of different spokes, different investigative techniques occurring at the same time and reporting to a central hub or command post that's making sense of this. So you're going to have one group of people that is going to spend the next 24 hours fastidiously combing the scene of the crime. That's largely going to be the FBI's evidence response team.

26:40And depending what they find, they may bring in individuals who are specialists with hazardous devices or forensic testing or measurements or something along those lines. At the same time, you're going to have. No, go ahead. At the same time, you're going to have another group of agents conducting potentially dozens, if not hundreds of interviews of all of the suspects known associates. Then you're going to have another group of both agents and prosecutors swearing out search warrants to look at phone records, email records, laptop hard drives, things like that. And you also have a group of analysts combing through everything that the other groups find.

27:25So it's not going to proceed necessarily in an organized fashion. Different groups are going to have different breaks at different points in time. But as long as everybody's moving forward, each minute they get closer and closer to figuring out what motive was here. We've seen a little bit of video where it looks like the suspect is on the ground. Several people are on top of them. There's a lot of movement. National Guardsmen, it looks like police. It looks like there's a bystander who may have been out for a run. He's got shorts and running shoes on. Have you seen that video? And what can you glean from that?

Read the full transcript

28:02There's a lot of broken glass. It's just it's hard to make sense of a situation like this because you can't imagine that the suspect thought that they were going to run away and get away since they were targeting people who are armed and in a place that is so heavily policed. Well, that's an important thing to note. We should not at this point necessarily make the assumption that the assailant is a rational individual. There is a very good chance that the sort of person who would go and try to murder two National Guardsmen is also the sort of person who would not be thinking about the short term or even long term consequences.

28:41It may have been a fastidiously planned assassination where he or she did have an exit strategy that got stimmied by other law enforcement on duty. It could be the situation that the person wasn't thinking more than five minutes ahead. I'm reluctant to say how we should view their planning and motivations, given how little we know. And I'd apply that to the video, too. You know, we see a bunch of law enforcement and National Guardsmen on top of fighting with the subject, but we don't know what led up to that. We don't know what happens after the cameras stop rolling. All we know is that at some point there was a physical altercation with him or her where he was subdued.

29:25One last question. We in this country have sadly seen so many cases where people are shooting from a distance, top of a building or in a window of some kind. This was at close range, walking around a corner and pulling out a gun. Does that tell you anything? No, believe it or not, and this is not a widely known fact, the overwhelming number of shootings in which law enforcement is one of the parties take place within a distance of three meters or less. This is actually much more common than a long range shot from a rifle or a drive by from a vehicle on the other side of the street. most law enforcement involved shootings are unfortunately up close, personal and very nasty.

30:19Michael Feinberg, thank you very much for being with us this evening. Thank you for having me. Up next, Andrew Weissman is here on the FBI investigating Democratic lawmakers. Stay with us.

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31:55Download today. Welcome back. We turn now to the FBI's highly unusual investigation of Democratic lawmakers in Congress. Those lawmakers made a video urging U.S. troops to defy illegal orders. The FBI now contacting them for interviews. Senator Elisa Slotkin confirming the inquiry on social media, writing, quote, The president directing the FBI to target us is exactly why we made this video in the first place. The Pentagon saying it is investigating retired Navy officer Senator Mark Kelly for that video, Kelly condemning the move as an act of intimidation. He's trying to get some fear out there.

32:40And fear can be contagious. But what also can be contagious is courage and patriotism. He is sending a pretty strong message. You do not want to cross him and your loyalty should be to him. It should not. It should always be to the Constitution.

33:01This is all part of Donald Trump's goal to prosecute his perceived enemies. Reuters tallying at least 470 retribution targets so far. Joining me now is Andrew Weissman, former FBI general counsel and former Mueller prosecutor. Thank you so much for being with us. What is your reaction to the Pentagon threatening to recall Senator Mark Kelly and prosecute him under military law, potentially? Is there any kind of legal precedent for this kind of thing? and and in addition to the pentagon you have the fbi doing investigations of the other people and by the way all of them have law enforcement background i was the fbi general counsel so i'm going to start with that because i know it the best the only illegal action i see here is on the part of the government now doing these investigations.

34:04And this is why. The video itself, you may disagree with it as a policy matter. You may agree with it as a policy matter, but it is stating the law. It is true that there is an obligation for military officers not to follow unlawful orders. Just to be clear, unlawful orders. That's the law. That is what you want. And to me, I don't understand why anyone in the government now would be taking issue with that. Are they saying that people should follow unlawful orders? Now, to turn just quickly to the FBI, the FBI is not legally entitled to investigate somebody unless they have factual predication.

34:50That means they have to have a reason. They have to have facts to warrant it. Saying something, speaking, and saying something that is true is protected by the First Amendment. The FBI, its internal rules, the attorney general rules say that the FBI cannot use First Amendment activity to investigate. So for them to open and to be looking at this is an unlawful use of their authority, according to the attorney general's own guidelines, which they have not repudiated. So if they don't have factual predication, can the members who are being investigated refuse to comply? Well, they can refuse. Just to be clear, if it's a voluntary interview, if they have not been subpoenaed, if they've only been asked to be interviewed, they have the same right that anybody has, that you have, that I have.

35:46If it's a voluntary interview and you haven't been subpoenaed, you can tell the government, I don't want to do that. I want to get it. You can you want to read a book. You want to spend the time at Thanksgiving with your family and friends. You have no obligation at all. Of course, they can decide that they will do it. But to me, the the harm here is, as was said, there's the intimidation and the fear. But these people have a First Amendment right that is being abridged by our government. And that to me is, you know, the story here is really the government action, not the action of the people on a video that says something that is truthful.

36:33Donald Trump has a long history of filing lawsuits that many have deemed to be, I think the phrase is often used, nuisance lawsuits to tie people up. even if that doesn't actually lead to some sort of adjudication. Some have said that that is essentially what he's doing with the DOJ and now with potentially military tribunals. That seems to be a very bad precedent to set using government lawyers to do that kind of thing. There's so many things to say about that. But, you know, today is a day where the 11th Circuit, the Court of Appeals overseeing a southern part of the country, affirmed a$1 million penalty against Donald Trump for bringing just the kind of lawsuit, a civil suit, that was deemed by the district court to be harassing.

37:25So it's very timely for you to bring this up. The thing that's different here is it's not just civil suits that he's bringing. He is because he is now the president of the United States. He is bringing criminal actions, whether it's now through the Pentagon, trying to do this with respect to Mr. Kelly or doing it through the Department of Justice with James Comey and Letitia James, who have just won a dismissal of both of their indictments. We began this broadcast talking about, you know, the FBI and an investigation, a very important investigation into a shooting here in the nation's capital.

38:06When these kinds of things are happening, are you concerned as someone who worked at the FBI for so many years about the reputation of the FBI and the trust that it holds, that the American people hold in that institution? Well, when I see the reporting of what happened today, the first thought I have is my heart goes out to the members of the National Guard. They are law enforcement. It is particularly poignant given that it's the day before Thanksgiving, but it would be a tragedy no matter when. when. And so I think about the National Guard, I think about the safety of the FBI, and want to make sure that attacking law enforcement is never justified.

38:47Even if you think that law enforcement is doing something wrong, that the answer is not obviously, you know, picking up a weapon or any other type of device. So that's sort of my first reaction to this. But in terms of the FBI, which I used to work at. I mean, I'm very concerned about the politicization of it, about how it's going to ever recover. I think that they're owed better leadership, better role models, and they have rules that they're supposed to follow. So to me, all of those things are of sort of grave concern. And what we're talking about in this segment is really what causes me to have that grave concern, which is that they're doing something that violates the First Amendment of the United States.

39:35Andrew Weissman, thank you very much. You're welcome. Up next, why millions of Americans are experiencing Thanksgiving sticker shock. Stay with us.

39:51Tariffs are pushing prices higher for this Thanksgiving, and people are feeling the squeeze in their wallets. How are we affording, like, Thanksgiving dinner this year? We know everybody else is out here lying, but Farm Bureau, did you really have to jump on that bandwagon? This is criminal. The prices are way too high. I just walked out of Walmart with five bags of nothing, and it was$105. Another hundred, another hundred, another hundred. It's definitely higher than last year. Do these people know that we have to eat to survive? Jeff? Joining me now is Jared Bernstein, he's former chairman of the Council of Economic Advisors.

40:34Thanks for being with us. Well, you just heard people talking about how expensive everything is. How much of that is tied to the Trump tariffs? Well, if you look at inflation for groceries, Michelle, you go back about a year ago, it was 1.3 percent. Update that to September. That's the most recent data, 2.7 percent. So really, inflation growing twice as quickly for groceries. Now, that's a technical number that most people that you just heard from aren't tracking, you know, the Bureau of Labor Statistics data, but they're sure well tracking what they're paying at the groceries. And, you know, Brazilian tariffs on Brazilian coffee have really been a problem for folks.

41:17Ground coffee beans are up double digits. Same with beef, by the way. That's parley tariffs. It's also drought. So there are a lot of conditions making life tough for shoppers and also for farmers. We should remember Donald Trump had pledged to bring prices down. We haven't seen that. Do you see other trouble spots in the economy beyond groceries and beyond what you put on the table at Thanksgiving? I think it's very important to go exactly there, Michelle, because, you know, Thanksgiving is obviously something we're all thinking about at the moment and we're all shopping for at the moment. Myself, I walked out of a grocery store earlier today and looking at the receipt just like everybody else.

41:56But if you think about health care and being able to afford health care, you know, I think is a basic human right, especially in a wealthy country like ours. And yet we know because of budget changes that Republicans made in their big budget bill, that the coverage cost affording health care premiums are going to double for over 20 million people who get their coverage through the exchange on the Affordable Care Act. That is something that has people very stressed out right now. We know that housing costs, we know that child care costs, electricity costs, all of these are on the affordability list and they're challenges for Americans across the board.

42:38Jared, thank you very much. Enjoy your holiday. Thank you. We'll be right back.

42:49Just to recap what we've been reporting this hour, two National Guardsmen were shot in Washington, D.C. They are both reportedly in critical condition. Authorities believe this was a targeted attack. The suspect came around the corner, raised his arm with a firearm and discharged it at the National Guard members. The National Guard members, there were other members that were in the area. They were able to, after some back and forth, able to subdue the individual and bring them into custody. The FBI Joint Terrorism Task Force is leading the investigation. That does it for me. I hope your travels are safe and your Thanksgiving is bountiful.

43:31The weeknight is up next.

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From the publisher

November 26, 2025; 6pm: Two members of the West Virginia National Guard are in critical condition after being shot near the White House. MS NOW's Michele Norris reports on the latest developments. Plus, Norris reports on the FBI's investigation into Democratic lawmakers in Congress. Former Mueller probe prosecutor Andrew Weissmann joins.

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