EPISODE · Jun 19, 2026 · 51 MIN
The Slush Fund Kerfuffle
from Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America · host Mark Tushnet, Louis Michael Seidman
We discuss the slush fund kerfuffle with Professor Smauel Bagenstos, who served as general counsel to the Department of Health and Human Services and has written a forthcoming article on slush funds. One theme is that Trump’s lawyers got a decent way toward giving J6 rioters access to federal funds in a way consistent with the formal law but muffed it at the level of detail. Another is that it’s really silly—and says something bad about some kinds of discourse about this sort of thing—to focus on legal formality. And, if you hold out until the end you get one of Mark’s favorite quotations about lawyers, from Carl Sandburg.
What this episode covers
We discuss the slush fund kerfuffle with Professor Smauel Bagenstos, who served as general counsel to the Department of Health and Human Services and has written a forthcoming article on slush funds. One theme is that Trump’s lawyers got a decent way toward giving J6 rioters access to federal funds in a way consistent with the formal law but muffed it at the level of detail. Another is that it’s really silly—and says something bad about some kinds of discourse about this sort of thing—to focus on legal formality. And, if you hold out until the end you get one of Mark’s favorite quotations about lawyers, from Carl Sandburg.
NOW PLAYING
The Slush Fund Kerfuffle
No transcript for this episode yet
Similar Episodes
Mar 26, 2026 ·1m
Mar 19, 2026 ·34m
Feb 18, 2026 ·11m
Feb 11, 2026 ·45m