The Bulwark Podcast

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David French: The Birthright Citizenship Ruling Should've Been 9-0

Explore episode Jun 30, 2026
Government
The Dual State: Justice for Thee, Not for Me

David French: The Birthright Citizenship Ruling Should've B… · Jun 30, 2026 Government

The DOJ can still deliver justice against people it dislikes — as in the Prairie Land shooting case. But friends of the regime get impunity. David French calls this the 'dual state': normal justice for most people, and a second track where crimes committed in service of the sovereign go unpunished — reportedly for as little as $2 million.

Where this was said

DOJ Immigration Cases: Prairie Land Shootings vs. Chicago Collapse

At 38:20 · chapter starts 37:30

Miller flags the Prairie Land Antifa case — where the DOJ press-released 'leaders of an Antifa cell' facing 100 years in prison — as context for the broader pattern of the Trump DOJ targeting immigration protesters under domestic terrorism designations. French offers a careful analysis: in Prairie Land, a cop was shot, violence was real, and jury verdicts under federal sentencing guidelines deserve respect absent compelling evidence of a miscarriage. But the double standard isn't Prairie Land — it's the Chicago cases. There, case after case has been dropped by prosecutors, grand juries have taken the extraordinary step of refusing to indict, and U.S. Assistant Attorneys are accused of improperly lobbying grand juries. A woman shot five times was labeled a domestic terrorist in a press release, only for charges to be dropped when evidence emerged. French connects this to his concept of the dual state: a justice system can still function normally for most people while operating a parallel track of impunity for regime allies — reportedly available for purchase at $2 million — and a track of 'justice plus' for regime enemies.

Government
Mamdani Won't Change the Constitution — And French Thinks He's Wrong

David French: The Birthright Citizenship Ruling Should've B… · Jun 30, 2026 Government

Zohran Mamdani said the Constitution looks fine as-is when asked whether the natural-born citizen requirement should change for his benefit. David French — who thinks any citizen should be eligible for the presidency — says that's the wrong answer, but credits Mamdani for not doing the wink-and-nod Trump did on the same question.

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