The Oath and The Office

Could the Supreme Court help Trump disrupt the 2026 election?In this episode of The Oath and The Office, Corey Brettschneider and John Fugelsang examine a new fight over mail ballots and postal rules that could create chaos, disenfranchise lawful voters, and give the administration new leverage over the election process.We also look at why the Supreme Court’s shadow docket matters so much here, what happens when major election rules are decided without full briefing or argument, and why the Court’s own effort to restrict access to its historical records matters for democratic accountability.Plus, we examine a separate legal strategy that could threaten the tax exempt status of major institutions.Subscribe to The Oath and The Office for weekly analysis of Trump, presidential power, the Supreme Court, democracy, and the Constitution.Timestamps:0:30 – SCOTUS Will Decide if Trump’s Mail-In Voting Restrictions are Constitututional28:00 – Why Are Supreme Court Records Sealed for Decades?38:07 – House Democrats’ Push to Expand the Court45:40 – The Treasury Wants to Revoke Tax-Exempt Status For Anti-Racist Universities56:36 – Why These Conversations Give Us Hope

Trump’s abuses of power keep colliding with the law. But even when courts recognize the danger, procedural barriers can prevent them from stopping it.Corey and John examine how standing doctrine blocked a challenge to Trump’s ballroom project, despite an unusual dissent from Chief Justice John Roberts. They also discuss a major free speech victory at Stanford that, like the Khalil case, was weakened by procedural limits. Next, they turn to Trump’s effort to seize control of the Postal Service and refuse delivery of valid mail ballots, using the unitary executive theory to threaten voting rights.Then, former U.S. Attorney Barbara McQuade joins the show to explain why Trump governs less like a president and more like a mafia boss. Drawing from her new book, "The Fix", she connects Trump’s mob style campaign against dissent to the attack on the Southern Poverty Law Center, the Justice Department’s subpoenas targeting New York Times journalists, and the administration’s attempt to undermine voting by mail.Barbara McQuade’s new book, The Fix: Saving America from the Corruption of a Mob-Style Government: https://www.barbaramcquade.com/

Why did the January 6 Committee underplay the role of Christian nationalism in its final report?Rep. Jared Huffman, the only openly nonbelieving member of Congress, joins Corey Brettschneider for a deep dive into the Christian nationalist movement threatening American democracy. Drawing from his new book, No Prophets, Huffman breaks down the specific factions that make up this movement, how they are capturing political power, what they want, and what comes next. We also examine the central role Christian nationalism played in January 6 and why that crucial part of the story was largely left out of the Committee’s final report.Support our sponsor today at https://FFRF.us/officeYou can find Rep. Jared Huffman’s new book, No Prophets, here: https://wwnorton.com/books/97813241304993:43 – Religious Nationalism & January 6th11:40 – Who Are the Christian Nationalists?18:18 – Where Christian Nationalism Appears in Congress24:43 – The Policy Implications of Theocratic Movements29:42 – Why Congressman Huffman Still Has Hope

This week on The Oath and the Office, we follow four stories that raise one question: what happens when the restraints on presidential power start disappearing?Donald Trump is being sued over a service offering paying customers early access to his Truth Social posts, including market-moving announcements, for as much as $100,000 a month. Is official presidential information becoming a private commodity?Then Trump goes back to the Supreme Court after two lower court losses, asking the justices to revive his plan to impose new conditions on mail ballots ahead of the midterms. Corey Brettschneider and John Fugelsang break down what the fight means for presidential power over elections.We also look at ICE’s reported plan to spend millions on electric shock gloves and the Treasury Department’s decision to dismantle major beneficial ownership disclosure rules designed to expose anonymous shell companies, rules originally championed by Marco Rubio as a weapon against money laundering, trafficking, and terrorism.From presidential self-enrichment to elections, immigration enforcement, and financial secrecy, the question is the same: who is left to constrain executive power?1:50 – Paid Early Access to Trump’s Truth Social Posts12:56 – The Death of the Foreign Corrupt Practices Act19:30 – The Corporate Transparency Act30:18 – Trump’s Supreme Court Appeal on Mail Voting43:25 – ICE’s New Electric Shock Gloves

Trump already lost on birthright citizenship. Now he is testing the limits of constitutional law with two narrower executive orders. We explain the high-stakes game of chicken underway: can a president just keep pushing after the courts and the Constitution say no?Plus, a rapid-fire breakdown of this week’s legal chaos:Vanity Plates: A bizarre but critical free speech fight.DOJ Takeover: Todd Blanche officially steps in as Attorney General after a bruising confirmation fight over Trump, DOJ independence, and a $1.8 billion slush fund.The $400 Million Ballroom: A court abruptly blocks Trump’s massive White House construction plan.Targeting Fauci: Senate Republicans vote to hold Anthony Fauci in contempt.Timestamps:2:41 - Trump Renews Attack on Birthright Citizenship10:25 - Profanity, License Plates, and Free Speech21:56 - Senate Confirms Todd Blanche as Attorney General35:25 - Court Temporarily Halts Construction on Trump's Ballroom41:26 - Senate Committee Holds Dr. Anthony Fauci in Contempt of Congress

Acting Attorney General Todd Blanche appears to have secured the committee votes needed to advance his nomination. He cleared the path by agreeing to rescind Donald Trump’s controversial $1.8 billion “anti-weaponization” fund and narrow sweeping IRS audit protections for Trump and his family.But does the deal truly kill the fund—or merely clear a political hurdle while leaving the door open for its return? Corey and John argue that walking back these dangerous policies does not erase Blanche’s complicity in advancing them, nor does it prove him fit to lead the Justice Department.They also break down a consequential week for executive power and the nation’s democratic guardrails:Elections: Trump’s escalating attempt to expand federal control over mail voting.Press Freedom: Withdrawn Justice Department subpoenas that sought testimony and phone records from New York Times journalists.Media Pressure: The FCC’s continuing pressure campaign against ABC.Surveillance: Allegations that the Secret Service illegally tracked James Comey and his wife.Intelligence: The Senate’s party-line confirmation of Jay Clayton to lead the intelligence community.The checks on executive power are being tested in real time. Some are holding. Others may prove temporary.Timestamps:1:20 – Todd Blanche Confirmation Proceedings18:03 – Trump Cheating in the Midterms28:03 – Federal Agencies Aren’t Sticking to Their Purpose28:56 – Jawboning and Media Censorship47:39 – Why Everyone Should See “The Odyssey”51:08 – Trump is a Threat to Democracy; the Courts Can Help54:26 – Trump is Suffering in the Polls

What does Trump actually believe, and how does his worldview connect to the New Right? Corey Brettschneider and John Fugelsang look beyond the latest outrages to the ideology linking them. Then New York Times columnist David French joins Corey to discuss the forces reshaping the American right.Inside the episode:David French on birthright citizenship, the postliberal right, and whether there is a path out of America’s democratic crisis.The attack on the Smithsonian and the fight over who counts as truly American.Trump’s ties to the manosphere and the grievance politics driving the New Right.The pressure on New York Times journalists, the disappearance of a Whitney Cummings joke, and the fight to stop Penn Station from being renamed for Trump.Timestamps: 02:06 – White House Correspondents' Dinner09:34 – Tate Brothers Arrested16:22 – Trump, the Smithsonian, and American History22:28 – Attacks on Free Speech: NYT & Kennedy Center31:43 – Interview: David French Joins41:20 – The New Right and Vichy France52:56 – The Future of MAGA After Trump

Threatening the broadcast licenses of news networks is a direct assault on the free press. Corey Brettschneider and John Fugelsang tear down Trump’s extraordinary primetime speech and explain why standard media fact-checking is no longer enough to protect democracy. They also break down Todd Blanche’s attorney general confirmation hearing and a judge’s condemnation of Trump’s IRS self-dealing.Then, Democracy Forward President and CEO Skye Perryman joins Corey to expose the administration’s hidden $1.8 billion "anti-weaponization" fund. Blanche told senators the fund was dead, but Perryman explains why the receipts say otherwise—and why this controversy could derail his confirmation.What we cover in this episode:• Media Extortion: The legal reality behind threats to network broadcast licenses.• The $1.8 Billion Loophole: Why the admin's secret fund might still be alive.• IRS Self-Dealing: A federal judge’s blistering condemnation of administrative overreach.• ICE Misconduct: Why state prosecutors must step in when the feds refuse to act.Timestamps:1:54 – Trump’s Election Interference Speech16:53 – Todd Blanche Confirmation Proceedings22:05 – Federal Judge on the Trump–IRS Agreement31:51 – FBI to Stop Investigating Confrontations Involving ICE38:48 – Interview with Skye Perryman

Trump’s Justice Department subpoenaed New York Times reporters after they exposed security problems with the Qatari jet Trump accepted for use as Air Force One. The prosecutor who issued those subpoenas, Jay Clayton, is now Trump’s nominee to lead the nation’s intelligence agencies.Corey Brettschneider and John Fugelsang trace the line from the “bribe plane” to a broader attack on democratic accountability, including another fatal ICE shooting in Maine and the White House pressure campaign against the Smithsonian.Then Senator Ron Wyden joins the show to explain how Section 702 allows the FBI to search Americans’ private communications without a warrant, why putting those searches in the hands of political operatives such as Dan Bongino is so dangerous, and how the bipartisan JAWBONE Act would let those targeted by government coercion fight back in court.The interview was recorded as the Senate Intelligence Committee, on which Wyden serves, prepared to begin Clayton’s confirmation hearing. Wyden and Corey discuss whether Clayton’s decision to subpoena journalists should disqualify him from overseeing the nation’s intelligence agencies.The through line is unchecked executive power: targeting journalists, coercing speech, and searching Americans without a warrant.

Trump’s latest financial disclosure points to something far bigger than another ethics scandal: a presidency being used as a vehicle for private financial gain. From crypto windfalls and foreign-linked deals to branding revenue, settlements, and the continued monetization of political power, the numbers raise a constitutional question hiding in plain sight: what happens when the Emoluments Clauses are not enough?Corey Brettschneider and John Fugelsang break down the corruption story behind Trump’s reported $2.2 billion haul, why the Constitution contains two Emoluments Clauses, and why those protections remain dangerously underdeveloped because Congress has never clearly codified them into modern criminal law. Corey argues that using public office for private gain must be treated as a central abuse of presidential power — and that making anti-corruption reform a campaign issue is essential to restoring the rule of law.Then they turn to the FBI’s reported new push into Georgia 2020 election matters, the Supreme Court’s major ruling on transgender athletes, the Supreme Court’s refusal to disturb the E. Jean Carroll verdict, and the extraordinary NPR correction involving Justice Alito.This is not just a story about Trump’s money. It is a story about whether American law is prepared to stop a president from turning the office itself into a profit machine — and why Congress must finally make that abuse unmistakably illegal.

The Supreme Court dealt Trump a major defeat by rejecting his effort to end birthright citizenship. It also refused to let him fire the head of the Federal Reserve. But in the same week, the Court handed him sweeping new authority by allowing presidents to remove commissioners at independent agencies.We break down what these landmark decisions mean, along with the Court’s ruling on Temporary Protected Status, its latest campaign finance decision expanding the influence of wealthy donors, the legal fight over mail voting, and the latest developments in the E. Jean Carroll case.Then, former U.S. Attorney Joyce Vance joins us to explain why the birthright citizenship ruling matters so much, what comes next for campaign finance and mail voting, and how these cases are reshaping American democracy.

Katie Phang joins The Oath and the Office to discuss her legal fight to force Trump’s DOJ to release the Epstein files. This is not about money. It is about whether Trump’s DOJ can defy the law and keep records from the public.Phang explains how she is using the Epstein Files Transparency Act, her role as a journalist, and statutory interpretation to challenge DOJ secrecy. We get into the harm Epstein caused, why transparency matters, and what it means when a citizen uses the law to fight for democracy.But first, Corey Brettschneider and John Fugelsang break down three alarming stories about presidential power: Trump tying FISA surveillance renewal and a national intelligence confirmation to his SAVE Act voter bill, Gavin Newsom’s claim that Trump’s DOJ is investigating him and his wife, and Pete Hegseth’s alleged loyalty tests in military promotions.This episode is about secrecy, retaliation, loyalty, and the fight to make law matter again.Subscribe to The Oath and the Office wherever you get your podcasts.The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It

Corey Brettschneider and John Fugelsang open with explosive new reporting that Stephen Miller pushed a plan for President Trump to suspend habeas corpus — the fundamental constitutional safeguard that allows people detained by the government to challenge their imprisonment in court.They explain what habeas corpus is, why it has been central since the Founding, and why suspending it to speed mass deportations would mark an extraordinary expansion of presidential power.Then Harry Litman joins Corey and John to discuss the crisis at the Justice Department: the fight over Trump’s so-called “anti-weaponization” fund, the destruction of DOJ culture, the role of Todd Blanche, and what it would take to rebuild a Justice Department committed to law rather than personal loyalty.Plus: threats to mail ballots, the Epstein files, and whether courts and Congress can still constrain an increasingly unbound presidency.https://harrylitman.substack.com/p/its-the-fraud-stupidhttps://harrylitman.substack.com/p/playing-chicken-in-a-pinto 

Trump melts down in a chaotic Meet the Press interview, lashing out when pressed on his “anti-weaponization” fund and his false claims of rigged elections. Corey Brettschneider and John Fugelsang break down what the moment reveals about Trump’s larger project: turning government power into personal protection, personal revenge, and an attack on democratic legitimacy.Then: Congress pushes back. The House rebukes Trump over Iran war powers and passes new Ukraine aid over his objections, raising a central constitutional question: can Congress finally reclaim its role in foreign policy?Corey and John also look at the next front in the separation-of-powers fight: appointments. Todd Blanche may be headed for a permanent attorney general nomination, while William Pulte’s appointment as acting DNI avoids Senate confirmation despite serious concerns about experience and politicized investigations.Plus: the crisis at 60 Minutes, John Bolton’s guilty plea, selective prosecution worries, and a federal judge blocking Trump’s $100,000 H-1B visa fee.It’s a week of meltdown, weaponization, war powers, appointments, and resistance — with the constitutional stakes coming into sharper focus.

Donald Trump’s revenge politics hit resistance this week — not by accident, but because citizens, journalists, lawyers, judges, and lawmakers kept pushing.This week on The Oath and The Office, Corey Brettschneider and John Fugelsang break down a rare hopeful stretch for democracy: a judge blocks payouts from Trump’s so-called “anti-weaponization” fund, another judge reopens questions around Trump’s IRS settlement, courts reject Trump’s attempt to put his name on the Kennedy Center, and thousands of federal lawyers are leaving rather than serve an authoritarian agenda.Corey and John also discuss the fight inside CBS and 60 Minutes, the role of independent journalism, and why democracy depends not just on courts, but on citizens willing to expose corruption, demand accountability, and keep the constitutional system alive.

Trump’s claim of power above the law is showing up on every front: bogus prosecutions, deportation threats, attacks on speech, war powers, and military escalation abroad.This week on The Oath and The Office, Corey Brettschneider and John Fugelsang start with the dismissal of human trafficking charges against Kilmar Abrego Garcia. A federal judge found the prosecution vindictive and selective, a major rebuke to a Trump DOJ that tried to punish a man after he fought back against his unlawful deportation.Then Corey and John turn to Mahmoud Khalil, where the Trump administration is pushing another dangerous claim: that noncitizens can be detained and deported for political speech. They also discuss new congressional pushback against Trump’s war in Iran and the DOJ indictment of Raúl Castro, as the administration invokes “law and order” while expanding American military power in Latin America.Then filmmaker Andrew Glazer joins the show to discuss "Spring of the Vanishing", his investigative documentary on the American military’s alleged complicity in killings of innocent civilians by the Mexican military during the drug war. The conversation becomes a broader warning about how the war on drugs has been used to destroy civil liberties at home and abroad.The theme running through all of it: Trump’s imperial presidency is not just a foreign policy problem. It is a threat to constitutional democracy here at home.Subscribe to The Oath and The Office wherever you get your podcasts, and help us expose abuses of presidential power before they become the new normal.Watch Spring of the Vanishing: https://www.primevideo.com/detail/0LAGR1QS4QZ2PIWOMLFK18KJ2K

What is the Supreme Court doing when it acts without full briefing, oral argument, or a real explanation?This week on The Oath and The Office, Pulitzer Prize-winning New York Times reporter Jodi Kantor joins the podcast to explain the Court’s shadow docket: the emergency orders process that has become one of the most powerful and least understood parts of American government.Kantor discusses the Supreme Court memos she obtained with Adam Liptak, what they reveal about Chief Justice John Roberts, and how they relate to the Court’s supposed image as a neutral “umpire".Corey and John also discuss Trump’s proposed “anti-weaponization” compensation fund, the politics of abortion and the abortion pill at the Supreme Court, and the Court’s emergency order allowing Alabama to move forward with redrawn congressional maps.In this episode:What the shadow docket is and why it mattersJodi Kantor on Supreme Court memosThe two sides of John RobertsWhy the “umpire” model of judging has collapsedAbortion, Alabama, and emergency Supreme Court powerTrump’s “anti-weaponization” fund and the politics of grievanceThe immunity case and presidential powerLink to Jodi Kantor's book, How to Start: https://jodikantor.com/how-to-startLink to Jodi Kantor and Adam Liptak's reporting on the secret memos of the Supreme Court: https://www.nytimes.com/2026/04/18/us/politics/supreme-court-shadow-docket.html

This week on The Oath and The Office, Corey Brettschneider and John Fugelsang begin with the new redistricting wars, as southern states move to dilute Black Americans’ voting power after a green light from the Supreme Court. They look at Tennessee, Alabama, and the Virginia Supreme Court’s decision striking down a voting plan approved by voters.Then, they turn to citizenship itself: DOJ support for stripping citizenship from naturalized citizens and Trump’s attacks on his own Supreme Court justices.Corey then speaks with Cecilia Wang, National Legal Director of the ACLU, who argued before the Supreme Court against Trump’s executive order attacking birthright citizenship, with Trump himself watching from the courtroom. Wang explains why the text and history of the Fourteenth Amendment are on her side, how Reconstruction transformed the Constitution, and why the fight over citizenship is part of the larger battle for voting rights, civil liberties, and democracy itself.

The Supreme Court is reshaping American democracy — weakening voting rights, empowering the presidency, and narrowing the protections that have defined modern civil rights law.John Fugelsang and Corey Brettschneider begin with the Court’s assault on the Voting Rights Act of 1965 and the fallout for democratic participation across the country. They also discuss Trump’s attacks on James Comey, threats against ABC and Jimmy Kimmel, and the broader campaign of intimidation against critics and dissenters.Then constitutional law scholar Kate Shaw joins the show to discuss how the Court is enabling Trump’s authoritarianism, including the pending fight over Temporary Protected Status, the shadow docket, emergency rulings on immigration and executive power, and her recent exchange with Senator Josh Hawley over nationwide injunctions.What happens when the courts weaken voting rights while expanding presidential power? And what does it mean for the future of constitutional democracy?Subscribe to The Oath and The Office wherever you get podcasts.

Trump briefly talked about “cooling things down.” Then came the escalation.This week on The Oath and The Office, Corey Brettschneider and John Fugelsang look at how President Trump is using political violence not as a reason for restraint, but as a weapon against his opponents. Jimmy Kimmel and Trevor Noah are targeted for jokes. A 60 Minutes interview becomes another venue for attacking the press. And the administration’s suit against the Southern Poverty Law Center raises a larger question: is law enforcement being turned into a tool of political retaliation?We also turn to the Supreme Court’s major Fourth Amendment case over geofence warrants and cell location data. The old law-school hypotheticals about government surveillance no longer feel hypothetical. With companies like Palantir helping build the modern surveillance state, the threat of databases tracking protesters, dissidents, and political opponents is suddenly very real.Then Corey is joined by James A. Morone, Professor Emeritus at Brown University and one of the country’s leading political scientists, to discuss his new book with David Blumenthal, "Whiplash: From the Battle for Obamacare to the War on Science". The book tells the inside story of how Obama, Trump, and Biden transformed health care politics, from the fight over Obamacare to COVID, Operation Warp Speed, anti-poverty policy, and Trump’s war on science itself.Get the book from Yale University Press:https://yalebooks.yale.edu/book/9780300263480/whiplash/

Has Trump changed American politics so deeply that what once seemed dangerous now feels normal?In this episode of The Oath and The Office, we begin with the Supreme Court: the shadow docket, Clarence Thomas, and a judiciary that increasingly operates with extraordinary power and too little accountability.We then turn to the case against the former CIA director, along with the resignation of a Justice Department prosecutor, and ask what these developments reveal about the state of law, accountability, and political pressure inside the justice system.Then Aaron Parnas joins us. Parnas has built a massive audience by reporting breaking political news to a younger generation in real time, often outside traditional media. We ask him a bigger question: can the news be reported outside the wider context of the threat to democracy? And when Parnas argues that much of this feels normal to people who grew up in the Trump era, Corey asks what it means when democratic crisis starts to feel ordinary.We also discuss Trump’s reported pressure on the IRS, the questions surrounding Kash Patel and the FBI, and why these stories may be part of a much broader pattern.This is a conversation about power, accountability, and the risk of treating democratic erosion as the new normal.

Trump says the pope should stay out of politics. But when Trump posts himself as Jesus, attacks independent moral authority, and demands loyalty from every institution, the real goal is not religious neutrality. It is control.In this episode of The Oath and The Office, Corey Brettschneider and John Fugelsang begin with Trump’s clash with the pope and what it reveals about the authoritarian impulse: not keeping religion out of politics, but bending religion to serve power.Then they turn to Hungary, where Viktor Orbán’s loss offers a real sign of hope. Even after gerrymandering and years of democratic erosion, autocrats can still be challenged and defeated.They also break down two more revealing stories: a judge throwing out Trump’s defamation suit over the Epstein birthday-card report, and the administration’s move to abandon civil-rights settlements protecting trans students. Taken together, these stories show the same pattern: attacks on truth, attacks on vulnerable people, and attacks on any institution unwilling to bend to raw power.This episode is about more than one controversy. It is about the larger authoritarian playbook — and why resistance still matters.

Can a president commit war crimes? Can a defense secretary? And what would it take to hold either one accountable?Corey Brettschneider and John Fugelsang open with the Supreme Court showdown over Trump’s attack on birthright citizenship. After Trump became the first sitting president to attend oral arguments at the Court, Solicitor General D. John Sauer faced tough questioning from several justices, including Chief Justice John Roberts, who delivered the line of the day: “It’s a new world. It’s the same Constitution.” Corey and John break down why the administration’s argument looked weak, why Wong Kim Ark remains the key precedent, and what the hearing may signal about the fate of Trump’s effort to gut birthright citizenship.They also discuss the latest chaos inside Trump’s Justice Department after Pam Bondi was pushed out as attorney general and replaced, for now, by Todd Blanche, another Trump loyalist. From there, they turn to the Supreme Court’s move that could wipe away Steve Bannon’s contempt conviction, and what it says about accountability in Trump’s Washington.Then Corey and John are joined by Lawrence Douglas of Amherst College, professor of law, jurisprudence, and social thought, and author of "The Criminal State", for a chilling conversation about whether Trump is committing war crimes, whether Pete Hegseth could face exposure as a war criminal, and how leaders who authorize brutality can be held to account. They explore the continuing relevance of Nuremberg, the legal meaning of crimes carried out by the state, and whether American institutions still have the power to confront criminality at the top. This is a sober, urgent discussion about impunity, presidential violence, and the future of the rule of law

Trump’s attack on birthright citizenship is only part of the story. The bigger danger is a decades-long effort to free the presidency from constitutional limits.Corey Brettschneider and John Fugelsang begin by breaking down Trump’s latest argument against birthright citizenship, why it misreads the Constitution, and what is really at stake in the legal fight.Then David Sirota joins to trace the deeper roots of Trump’s power grab: the conservative blueprints that helped lay the groundwork for Project 2025, the lessons of Nixon and Reagan, and the long campaign to expand executive power.In this episode:Trump’s attack on birthright citizenshipwhy the constitutional case against it failsthe antecedents of Project 2025Nixon, Reagan, and the growth of presidential powerwhy the No Kings protests matterwhat reforms could restore real limits on the presidencyThis episode is about more than one policy fight. It’s about how the presidency was reshaped, and whether American democracy can still impose meaningful limits on executive power.

Trump’s reaction to Robert Mueller’s death was grotesque. But the deeper question is what Congress failed to do when Mueller was alive: why didn’t it impeach Trump based on the Mueller report? Corey Brettschneider and John Fugelsang revisit Mueller’s findings, the Nixon parallel, and the constitutional failure that still shapes Trump’s presidency.Then: a major Supreme Court voting-rights case out of Mississippi, ICE at airports as a new front in Trump’s immigration crackdown, and a federal judge’s ruling against Pentagon restrictions on defense reporters.Plus, a listener from the U.K. asks a question many Americans are asking too: could Trump really defy the Constitution and try for a third term?This week’s episode connects the week’s biggest legal and political stories into one urgent question: how many constitutional guardrails are still holding?Learn more about the ACLU and its upcoming Supreme Court case at aclu.org/barbara.

Is the SAVE Act really about election security — or is it a new blueprint for voter suppression?On this episode of The Oath and The Office, Corey Brettschneider and John Fugelsang break down the latest fight over the SAVE Act, why its proof-of-citizenship requirement could make it harder for millions of eligible Americans to register and vote, and what this battle reveals about the future of democracy.Then Stacey Abrams joins the show to explain what the bill would do, why it is so dangerous, and how the broader attack on voting rights fits into the Trump-era push to undermine democratic institutions.Also in this episode: Gregory Bovino is out, Judge Boasberg pushes back against politically charged legal tactics, and Trump lashes out at the courts yet again.This is a conversation about voter suppression, constitutional democracy, and who gets to decide the future of the country.Learn more about the ACLU and its upcoming Supreme Court case at aclu.org/barbara.

Trump’s shifting war aims are a warning sign of the imperial presidency. We examine how changing justifications for war weaken democratic accountability, whether Congress can still use the power of the purse to stop an illegal war, how the Anthropic story reflects resistance to expanding executive power, why the growing influence of billionaires in American elections is making constitutional democracy even more fragile, and why Kristi Noem’s exit at Homeland Security was a rare reminder of how congressional oversight is supposed to work—even if her replacement may not be better.This episode is sponsored by Princeton University Press. Learn more about Mark Peterson’s new book, The Making and Breaking of the American Constitution: A Thousand-Year History:https://hubs.ly/Q0432vyk0

As the prospect of a U.S. military clash with Iran returns to the headlines, Corey Brettschneider and John Fugelsang break down the constitutional stakes: who actually controls the power to start—and stop—a war?They explain the War Powers Resolution of 1973, why Congress passed it after Vietnam, how the 60-day clock is supposed to work, and why the law was weakened in the 1980s—leaving presidents with wide room to maneuver. What can Congress realistically do today if Trump escalates conflict?They also discuss Bill Clinton testifying before Congress—and what it reveals about accountability, separation of powers, and the political checks that still matter.Plus: listener questions on billionaire political influence and citizen resistance.The Oath and The Office is hosted by Corey Brettschneider (Brown University professor and author of The Presidents and The People, ABA Silver Gavel Award) and John Fugelsang (SiriusXM host).

Trump just suffered a major Supreme Court defeat. A significant tariffs ruling limits presidential power and reasserts Congress’s authority — applying a doctrine once confined to agencies directly to a president. But don’t mistake this for resolution. A reauthorization attempt could trigger a new wave of litigation and deepen the constitutional fight.Corey Brettschneider and John Fugelsang also examine how Judge Cannon stalled Jack Smith at a pivotal moment — and what the prosecution of a former prince reveals about how accountability for powerful leaders can succeed… and how it can fail.Then we widen the lens.Mike Pesca (The Gist, NPR) joins us to explore “soft” censorship and the pressure facing American journalism — including the late-night flashpoint. Can regulatory scrutiny, “equal time” rhetoric, and public threats chill speech without an outright ban? We discuss the FCC’s evolving posture, the late-night controversy, the Bari Weiss debate (and Mike’s distinct take), and what citizens can actually do to resist intimidation.The courts may be holding.But pressure on speech — and democratic guardrails — is intensifying.

Trump’s FCC is pressuring late-night TV — and CBS is hesitating. What happens when regulators don’t censor speech outright, but make networks afraid to air it?In Minnesota, democratic guardrails held. A far-right witness was exposed in a Senate hearing and a judge blocked cuts to critical public health funding. Proof that pushback can succeed.Then the counter-move. Under the Trump administration, the Federal Communications Commission has signaled it will enforce the equal-time rule against late-night and daytime talk shows — a shift that made CBS lawyers nervous about Stephen Colbert’s interview with James Talarico, a Texas Senate candidate. Colbert has blasted the move as political intimidation, and critics argue it reflects a broader effort to chill speech rather than a neutral application of regulatory fairness rules. What happens when government doesn’t censor speech outright — but makes networks afraid to air it?Plus: a Presidents’ Day special — five presidents who threatened democracy and the warning signs we’re seeing again. Drawing on The Presidents and The People, Corey Brettschneider connects today’s battles to the deeper history of democratic erosion — and what it takes to stop it.📘 Get The Presidents and The People:https://www.amazon.com/Presidents-People-Threatened-Democracy-Citizens/dp/1324006277

Trump is turning DOJ into payback politics—and this week shows the playbook in action: pressure around the Gateway tunnel, a reporter’s home searched, the Clinton subpoena spectacle, and a growing recruiting crisis inside the department.Then Preet Bharara on the warning we missed: Trump forcing the showdown that got Preet fired—an early preview of today’s collapse of prosecutorial independence. We break down political prosecutions (Comey, James), the hard edge cases where “law enforcement” gets murky, how the ethics of staying vs. resigning change in a corrupt regime, and where real hope comes from now.

A federal judge warns that Trump is violating the principles of law and the Declaration of Independence—and this week’s events show exactly what that means in practice.We break down the detention of a five-year-old and the collapse of due process, Trump’s threat against Trevor Noah and the future of free speech, and the raid on a Georgia election center. We also examine the authoritarian “tell” behind Trump’s call to “nationalize the voting”.Plus: Trump’s reported Fed Chair pick Kevin Warsh and the Epstein-files connection—and a brief turn to Bruce Springsteen on moral imagination and democracy.The Oath and The Office — weekly analysis of constitutional democracy under pressure.

Jan. 6 wasn’t just a riot—it was a blueprint. This week, we connect Jan. 6 then to now and ask the core question of self-government: what happens when federal power starts acting as if the rules don’t apply?Hosts Corey Brettschneider and John Fugelsang are joined by Tom Joscelyn—senior House Judiciary staff and a principal author of the House January 6 Committee’s final report—for a deep dive into the pressure campaign on Mike Pence, the false-electors plot, and why white supremacy and Christian nationalism were central to the attempt to overturn the election. Most importantly: how that same playbook is reappearing right now—and what it means for the rule of law.Before Tom joins, Corey and John break down the week’s accountability flashpoints:The killing of a Minnesota nurse—and the competing public narratives and misinformation surrounding itThe growing wave of court pushback and legal scrutiny aimed at ICE tactics in MinnesotaWhere the politics stand on defunding ICE—and what real oversight would requireDOJ’s move to file criminal complaints tied to the St. Paul church protest, plus the magistrate judge’s refusal to approve a warrant prosecutors sought (including an attempt involving Don Lemon)A reported memo directing ICE agents to proceed with operations—including entry onto private property—regardless of warrants or legal standing, and what that means for constitutional rights

The indictment that never came is still shaping DOJ’s ongoing battle with Trump.In the first half, Corey Brettschneider and John Fugelsang break down this week’s accountability flashpoints:The push to impeach DHS Secretary Kristi Noem — what impeaching a cabinet official actually means and why it matters nowThe Supreme Court fight tied to the FTC with huge stakes for independent agencies and the question of whether a president can threaten the Federal ReserveThe looming tariff decision — and how tariffs are being used as political leverage, including in Trump’s pressure campaign involving GreenlandThen Corey and John are joined by Glenn Kirschner (former federal prosecutor) for a blunt, inside-the-system conversation about:What went wrong with Robert MuellerThe decision not to indict Trump — and the precedent it setHow DOJ “corruption” happens in real life: pressure, incentives, normalizationThe hardest moral call for public servants: stay and fight, or resign and warn the countryIf the law won’t check power, what will?

An ICE agent killed Renée Nicole Good in Minneapolis—so can Minnesota bring charges, even if federal officials try to block accountability? We break down what local prosecutors can do, what legal shields federal agents may claim, and why this case is turning into a major constitutional showdown over law enforcement power and democratic control.Then: Trump “unmasks” himself with rhetoric that escalates racial conflict—reviving the “reverse discrimination” frame and claiming white Americans have been “badly treated.” We unpack what that message is designed to do politically, and what it signals about the future of civil-rights enforcement.Finally: a warning on Greenland—military planning and the use of force without Congress isn’t “strong”—it’s illegal. We explain the constitutional limits, what counts as an unlawful order, and what service members are (and aren’t) required to follow.In this episode:• Minneapolis: the legal path to state charges after Good’s killing• Trump’s racial grievance politics—and why it matters right now• Greenland: Congress, war powers, and the legality of military orders

In this episode of The Oath and The Office, Corey Brettschneider (Brown University Professor and author) and John Fugelsang dive into Trump’s illegal military action in Venezuela, exposing how it violates Congress' constitutional power to declare war. We discuss why this unilateral attack is unlawful and the steps Congress must take to push back, including retroactively condemning the invasion and revoking future military authorizations. Plus, we break down key takeaways from Jack Smith’s testimony before the House Judiciary Committee, shedding light on the ongoing investigations into Trump. Tune in for a critical constitutional analysis of executive overreach and the legal challenges ahead, only on The Oath and The Office.

As 2026 begins, host Corey Brettschneider (Brown University professor) and co-host John Fugelsang look back at 2025’s biggest constitutional stress-tests—and what to watch in 2026.We start with the Supreme Court checking Trump on using the National Guard—why it matters, and whether the Insurrection Act is the next risk. That ruling is our doorway into a 2025 Year in Review: we revisit Trump’s most dangerous attacks on the Constitution, and the guardrails that barely held.Next, we break down Judge James Boasberg’s escalating confrontation with the administration over deportations tied to the 1798 Alien Enemies Act. Can the government claim people sent to Venezuela have no due process rights? And can courts be told it’s “too late” once they’re out of the country? We explain what the Constitution requires and what’s at stake for the rule of law.Finally, we turn to Florida, where Ron DeSantis’s remake of New College offers a blueprint for a broader war on education—replacing what they label “woke” with enforced ideology, down to symbolic culture-war moves like honoring Charlie Kirk.Subscribe for weekly episodes of The Oath and The Office.

This week, host Corey Brettschneider, a Brown University professor, and co-host John Fugelsang begin with the latest confirmed developments in the Brown University shooting—and the parallel storm of disinformation on X that spread during the investigation: false accusations against a transgender student and a manufactured narrative about motive. We break down how these claims circulated, why they’re dangerous, and how to separate verified reporting from rumor—without naming private individuals or repeating unverified allegations.Next: Congress votes to release more Epstein-related files, but the initial disclosures arrived heavily redacted from Attorney General Pam Bondi. What was released, what may still be withheld, and what Congress can realistically compel next. Plus: controversy around 60 Minutes after reports that a segment involving El Salvador’s CECOT prison was delayed amid accusations of political pressure. We close with an end-of-year rundown—key lessons from our Trump deep dives in 2025 and what we’re watching in 2026.Release note: We’re sharing this episode a day early due to the Christmas holiday.Listener note: This episode includes discussion of gun violence.

This week’s episode is personal. Host Corey Brettschneider, a Brown University professor, and cohost John Fugelsang speak directly to what our community is living through after the deadly campus shooting—and what it means for universities, public safety, and the country.We also address the national response—and the bigger question it can obscure: America’s gun violence crisis, and why reforms have reduced mass shootings elsewhere, including lessons from Australia after major national action.Plus: a major legal fight over religious charter schools, a pending Supreme Court case involving racial discrimination in jury selection, and what Susie Wiles’ candid comments reveal about Trump.Listener note: This episode includes discussion of a campus shooting and gun violence.

Leah Litman — University of Michigan law professor and constitutional law expert — joins Corey Brettschneider and cohost John Fugelsang to explain how the Supreme Court may be clearing the way for Donald Trump to fire independent regulators at will. She breaks down the Court’s turn toward the unitary executive, what that means for Trump’s control over the executive branch, what’s at stake in the coming fight over birthright citizenship, and where she still sees possibilities for court reform.Corey and John open the episode by unpacking the stakes of a recently heard case on independent agencies, its impact on watchdogs like the FTC and the Federal Reserve, and how it might further concentrate presidential power. They then connect the dots to concrete examples from government and the courts — including Pete Hegseth and war crimes allegations and Judge Boasberg’s handling of the administration’s defiance of a court order — before their in-depth conversation with Leah about whether any institutions will be able to hold President Trump to account.

Senator Sheldon Whitehouse joins us for one of our most important conversations yet. We examine MAGA’s escalating effort to blame and target judges who uphold the rule of law — from GOP attacks on Judge Boasberg to the broader push to weaponize impeachment. Senator Whitehouse lays out what Congress can still do now, and the reforms needed to protect democracy in the long term.But first: John and Corey break down Trump’s shocking pardon of the convicted former Honduran president — and the disturbing reports of potentially unlawful military orders in the Caribbean.

A judge has blown up Trump’s indictments of James Comey and Letitia James — ruling the special prosecutor was illegally appointed. Corey and John explain why this strikes at the heart of Trump’s “retribution” agenda and how the fight raises fundamental separation-of-powers questions at the core of our democracy.Then: Pete Hegseth threatens to court-martial a sitting U.S. Senator for warning the military not to obey illegal orders. Corey breaks down the rule that service members must refuse unlawful commands — and why Hegseth’s attack is so dangerous. Plus: Trump talks about disbanding DOGE entirely, and Mayor-elect Zohran Mamdani holds a bizarre press conference with Trump in the Oval Office.A sharp, urgent episode on the week’s most alarming constitutional abuses — and what they mean for the rule of law heading into 2026. Hosted by Corey Brettschneider and John Fugelsang, The Oath and The Office delivers clear, expert constitutional analysis at the moment democracy needs it most.

Epstein files erupt in Washington, leaving Trump suddenly cornered as Republicans push for their release. Corey and John break down Trump’s push to stretch presidential immunity by labeling even unofficial conduct as “official,” the Supreme Court’s new asylum case at the border, and Tucker Carlson’s move to platform extremist Nick Fuentes. A sharp look at power, democracy, and rising hate in politics.

Trump has ended his shutdown — but the real shock came from the Supreme Court. In a little-noticed move, Justice Ketanji Brown Jackson allowed the Trump administration to temporarily halt SNAP benefits, raising serious questions about how the Court is approaching presidential power. Corey and John explain what’s really behind Jackson’s puzzling decision — and what it means for millions of Americans who rely on food assistance. They also break down the Kim Davis denial and the explosive report alleging Trump’s allies were connected to a “sandwich shop” operation selling access and even pardons. A wild week in constitutional law, presidential power, and corruption — and we make sense of every part of it.

This week on The Oath and The Office, Corey and John trace the pattern of Trump’s lawlessness — from unions suing over his surveillance of non-citizens’ social media to his effort to strip gun rights from marijuana users, a selective “law and order” move aimed at his non-allies.Then Corey sits down with Slate’s Dahlia Lithwick for a wide-ranging conversation about the Supreme Court tariffs case — and what it could mean for the limits of presidential power. Together they explore three central issues: Trump’s abuse of emergency powers, the DOJ’s misleading statements in court, and what Corey and Dahlia agree amounts to a DOJ shakedown.It’s a conversation about how far Trump’s lawlessness has gone — and whether this case might finally be where the courts push back.

Corey Brettschneider and John Fugelsang trace how “no taxation without representation” connects to today’s fight to restore Congress’s power in the face of Trump-style presidential overreach. Corey discusses his Supreme Court brief on tariffs and the Founders’ vision for legislative control. Then Rep. Ted Lieu joins to talk about his bill banning first-strike nuclear attacks without congressional approval — a bold move to stop future presidents from seizing unchecked power. From tariffs to nukes, this is the battle to reclaim Congress’s constitutional role — and defend democracy itself.

In this week’s episode of The Oath and The Office, Corey Brettschneider and John Fugelsang break down a deeply concerning new ruling from the Ninth Circuit Court of Appeals — one that sides with Trump and the military, expanding executive power and eroding the cornerstone principle of civilian control.Corey explains how this decision, though largely overlooked, fits into a broader trend of judicial retreat: courts stepping back from their constitutional role as a check on power. From the weakening of voting rights to the courts’ growing deference to the executive branch, this case reveals how democracy can be hollowed out not in one blow, but by a series of quiet decisions.They also turn to Brown University’s rejection of Trump’s so-called “Academic Freedom Compact” — a rare act of institutional courage in an era when too many are willing to trade truth for access.Plus, Corey shares what he saw and experienced at the No Kings March in New York City and they feature audio from the rally. Hear what democracy sounds like, then watch Corey’s full field report here: youtube.com/watch?v=laNgItx5swk&t=299s

Three prosecutions. One plan.In this episode of The Oath and The Office, Corey Brettschneider and John Fugelsang trace how the cases against Letitia James, James Comey, and soon John Bolton all fit into a single story — Donald Trump’s ongoing self-coup. These prosecutions aren’t random. They’re part of an authoritarian blueprint to punish independent officials and destroy the separation of powers.We’ll break down why the charges are constitutionally baseless, how Trump is turning the justice system into a weapon, and why even fair-minded judges may not be enough to stop him. The Founders gave us juries as the last line of defense — but can that safeguard still hold in the age of presidential impunity?From threats to use the Insurrection Act against protesters in Portland and Chicago to his abuse of emergency powers for 100% tariffs on China, this episode follows a single, chilling through-line: unchecked presidential power.We also discuss a major Supreme Court case challenging state bans on abusive “conversion therapy” for minors — and why its First Amendment reasoning is dangerously wrong, twisting the idea of free speech to protect a harmful and discredited practice.

Is the rule of law still standing—or slipping away?Corey Brettschneider and John Fugelsang unpack the week’s biggest threats: ICE’s rogue Chicago raid, Trump’s plan to deploy the National Guard for political ends, and the myth of the “deep state”.Then, CNN’s Jake Tapper joins to discuss his new book Race Against Terror—and how an Obama-era case to try an accused terrorist in U.S. court - showed the rule of law at its best.Can that precedent survive today’s assaults on truth and justice?Smart, urgent, and deeply relevant—this episode of The Oath and The Office is a masterclass in how democracy defends itself.

On this episode of The Oath and The Office, Corey Brettschneider and John Fugelsang examine two urgent threats to American democracy before welcoming New York Times bestselling author Malcolm Nance.The Comey indictment — moving forward without evidence, it shows Trump’s effort to weaponize the law and shut down democracy.The shutdown — more than a budget standoff. Trump and Pete Hegseth’s rhetoric, plus threats of military crackdowns, reveal a “hard coup” strategy.Malcolm Nance — MSNBC analyst, counterterrorism expert, and Ukraine war veteran, on Russian disinformation, QAnon, and the global fight against authoritarianism.Subscribe for weekly conversations on how to defend the Constitution.#Trump #Comey #MalcolmNance #Democracy