The Oath and The Office

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

Trump’s politics of division—friends vs. enemies—has now turned on the First Amendment itself. Corey Brettschneider and John Fugelsang expose how Pam Bondi distorts the law on “hate speech,” why Jimmy Kimmel's forced silence under political pressure is a textbook abuse of power, and how Stephen Miller’s authoritarian funeral speech reveals the danger of Trump’s movement. Satire, dissent, and free expression are on the line.

Corey Brettschneider and his cohost John Fugelsang examine how Donald Trump is exploiting the tragedy of Charlie Kirk’s killing—turning grief into a retribution narrative—and the danger that poses to American democracy. Corey places this moment in historical perspective, tracing how Abraham Lincoln, Andrew Johnson, and Lyndon B. Johnson responded to political violence and constitutional crisis, and what their choices teach us today. From there, the hosts turn to the present: the real-world consequences of incendiary rhetoric for civil liberties, the erosion of democratic guardrails, and the widening split between two information universes. Corey also connects these threads to Nixon’s abuses of executive power and what recent court battles reveal about the pressure on judicial independence. They close the episode by taking audience questions, bringing the discussion directly into today’s constitutional debates.

The Supreme Court just gave Trump a dangerous win—greenlighting ICE racial profiling raids. Justice Kavanaugh claims it’s about “geography,” but Justice Sotomayor warns the Constitution is being shredded. At the same time, Chief Justice Roberts clears the path for Trump to purge Biden appointees and dismantle independent agencies. And Trump is openly threatening to send troops into Chicago—an authoritarian power grab Judge Breyer’s ruling may block.PLUS: Corey Brettschneider sits down with John Fugelsang to discuss his new book "Separation of Church and Hate: A Sane Person's Guide to Taking Back the Bible from Fundamentalists, Fascists, and Flock-Fleecing Frauds" — why the founders rejected religious imposition, how Christian values can defend feminism, and why the Bible doesn’t justify anti-gay politics.A jam-packed episode on Trump, the Court, and the fight for democracy and freedom.https://www.amazon.com/Separation-Church-Hate-Fundamentalists-Flock-Fleecing/dp/1668066890

Judge Breyer rules Trump’s military deployment is unconstitutional under the Posse Comitatus Act. We unpack the history, the structural reasoning, and what it means for presidential power. Plus: tariffs struck down, asylum fights, CDC chaos, Giuliani’s medal from Trump, and a tease of John’s new book:Separation of Church and Hate: A Sane Person's Guide to Taking Back the Bible from Fundamentalists, Fascists, and Flock-Fleecing Fraudshttps://www.simonandschuster.com/books/Separation-of-Church-and-Hate/John-Fugelsang/9781668066898

Donald Trump just issued an unconstitutional order against flag burning. He’s trying to oust a Federal Reserve governor—and he declared, “A lot of people are saying maybe we’d like a dictator.” Professor Corey Brettschneider and comedian John Fugelsang show what's at stake in these attacks—free speech, checks and balances, and the survival of our democracy. They also examine California’s redistricting plan, which—despite controversy—may be one of the few defenses of democracy left in today’s political landscape.

Donald Trump is attacking the Smithsonian and trying to whitewash the story of slavery. On The Oath and The Office, Corey Brettschneider and John Fugelsang explain why this is more than politics—it’s a constitutional fight over truth in American history. We also break down Trump’s unconstitutional order to abolish mail-in ballots, Congress’s role in election law, and Newsom v. Trump, where Judge Charles Breyer is weighing the Posse Comitatus Act and the Tenth Amendment.

Corey and John open with a personal note: The Presidents and The People has just won the American Bar Association’s Silver Gavel Award for its defense of the rule of law—a mission now more urgent than ever. Trump’s tactics are shifting from a “soft coup” to a “hard coup,” with hallmarks of a violent takeover: using the military to control local police, deploying the FBI for political ends, and undermining judicial independence. In California, Governor Newsom is fighting back in federal court, standing in the tradition of state resistance; in Washington, D.C., Trump’s sweeping powers underscore the urgent need for D.C. statehood. Corey exposes Pam Bondi’s retaliatory push to investigate Judge James E. Boasberg, the politicization of economic data with a loyalist now leading the Bureau of Labor Statistics, and a brewing Supreme Court challenge that could end the constitutional right to same-sex marriage. A clear-eyed look at the opening moves of a hard coup—and what it will take to stop it.

Donald Trump didn’t like the latest economic data, so he fired the nation’s top labor statistician. It’s not just about one job: it’s a dangerous move toward rigging reality itself. When a leader punishes truth-tellers, democracy hangs by a thread. At the same time, Texas Republicans are threatening an extreme new wave of gerrymandering designed to silence Democratic voters and entrench Republican power. But blue states aren’t taking it lying down—California and New York are pushing back, drawing lines to protect fair representation and democracy itself. Also this week:Listener question: What exactly is the Supreme Court’s “shadow docket,” and why is Brett Kavanaugh defending it? Corey and John unpack the secretive tool reshaping American law behind closed doors.The Ten Commandments return to public schools. Is the Supreme Court about to open the door to religious coercion in classrooms? Hosted by Corey Brettschneider and John Fugelsang Real stories. Real stakes. Democracy depends on it. Subscribe, download, and share this episode of The Oath and The Office if you believe in defending truth, fairness, and voting rights.

South Park just aired one of its sharpest episodes ever—a brutal, brilliant, and hilarious take-down of Trump and Paramount, its own parent company  This after Paramount bowed to Trump's groundless lawsuit over a 60 Minutes story and then refused to renew Stephen Colbert’s contract. Coincidence?Corey Brettschneider and John Fugelsang break it down:– Why satire matters now more than ever– The fight between corporate media and political dissent– The terrifying implications of a possible Maxwell pardon– Trump's tariffs are back in court—can the law hold?– A big win for sanctuary cities and local resistance to MAGASubscribe for fierce, funny, and unflinching analysis every week.

Veteran legal journalist Mike Sacks has reported from countless courtrooms, from Fox 5 to the National Law Journal. Now he’s seeking the Democratic nomination in New York’s 17th congressional district, aiming to unseat MAGA aligned Mike Lawler. Mike joins Corey and John to share why he’s entering politics, his vision for a sweeping omnibus recovery bill to repair American democracy, and his nuanced strategy for approaching impeachment with media savvy. He emphasizes his run as part of a larger effort to restore Congress’s dignity and reclaim its essential oversight powers. Mike also confronts the harsh reality of our broken campaign finance system and argues it may require structural changes to the Supreme Court itself. Plus, Corey and John break down Trump’s latest disinformation attacks against Obama, the erosion of free speech rights for noncitizens critical of Israel, and the DOJ’s troubling loss in the Harvard funding case.

In this urgent episode of The Oath and The Office, hosts Corey Brettschneider and John Fugelsang unpack the high-stakes constitutional battle over birthright citizenship. With the Supreme Court limiting lower courts' power, New Mexico Attorney General Raúl Torrez joins the show to reveal how state attorneys general nationwide are leading the charge to protect the 14th Amendment from Trump's unprecedented attempt to strip citizenship rights.Before their in-depth interview with Attorney General Torrez—a prominent constitutional advocate and key figure in state-level legal resistance—Corey and John analyze the Trump administration’s alarming moves, including mass firings at critical federal agencies like Education and State, and Trump's controversial threats to remove the Federal Reserve Chair.Tune in to hear vital insights from AG Torrez and sharp analysis from Corey and John on how these escalating power struggles are shaping America’s constitutional future—and how state leaders are stepping up when federal institutions falter.

In this explosive episode of The Oath and The Office, Corey Brettschneider and John Fugelsang reveal how Trump's latest moves amount to a dangerous "self-coup"—an internal attack on American democracy. They dive into the troubling case of Kilmar Abrego Garcia and Trump's blatant defiance of due process, followed by the AAUP lawsuit challenging the administration's unprecedented crackdown on free speech. Next, they analyze the Supreme Court's shocking greenlight for mass firings of federal workers—an aggressive power grab undermining Congress—and Trump's abuse of emergency powers to impose tariffs under false pretenses. The hosts then discuss how Trump's recent suspicious silence on the Epstein case is splitting the MAGA base. Finally, they examine whether ICE agents can finally be held accountable in court. Democracy is under siege—can America fight back?Tune in to understand why The Coup Continues.

In this episode of The Oath and The Office, Corey Brettschneider and John Fugelsang unpack the Supreme Court's dramatic ruling that weakens nationwide injunctions—a critical blow to civil rights groups fighting executive overreach. They highlight Justice Jackson’s powerful dissent and the broader implications for birthright citizenship and civil liberties.Then, they explore Trump's controversial legislative initiative—the “Big Bill”—which deeply slashes welfare programs while dramatically expanding ICE’s enforcement powers, raising alarms about an emergent authoritarian state.Lastly, they discuss Trump's surreal yet chilling media spectacle at "Alligator Alcatraz," a staged visit to an alligator-themed detention facility symbolizing fascism with a smile. Join Corey and John for an urgent, insightful look at these pivotal events reshaping American democracy.

In this wide-ranging episode of The Oath and The Office, John and Corey dive into four major legal controversies shaking the nation:Iran Attack & War Powers: Was President Trump’s recent bombing of Iranian nuclear sites without Congress’s approval an illegal act of war? The hosts examine whether the strike amounts to an undeclared war and discuss the War Powers Resolution of 1973. They break down why House Speaker Mike Johnson has called the War Powers Act unconstitutional, noting that presidents of both parties have long bypassed Congress in military actions. If the War Powers Act is flawed, John and Corey argue, it’s because it gives the president too much leeway at the expense of Congress’s authority – not the other way around.Supreme Court on Deportations: The Supreme Court has allowed President Trump to resume deporting migrants to third countries – including turmoil-filled places like South Sudan – with minimal notice to those being removed. John and Corey unpack this controversial ruling, which handed a victory to the Trump administration’s hardline immigration policy. They discuss how the decision bypassed lower-court orders that had required warning migrants about their destination and a chance to contest being sent to dangerous regions, and what this means for executive power and humanitarian protections.Defying Court Orders: A DOJ whistleblower claims a top Justice Department official (now a Trump judicial nominee) suggested ignoring court orders to carry out deportations. John and Corey discuss who could be held in contempt in such a scenario and the broader implications for the rule of law if the executive branch were to defy judicial rulings.Transgender Rights Under Fire: Finally, John and Corey tackle a recent case in which a court upheld a controversial Tennessee law targeting transgender youth. They describe the law – viewed by critics as a bigoted attack on trans rights – which bans gender-affirming care for transgender minors, and how the court’s decision exemplifies the judiciary’s abandonment of transgender rights. The hosts lament this trend in which both state and federal courts are allowing sweeping restrictions on LGBTQ+ individuals, and they discuss the potential fallout for trans Americans and their families.Tune in as we analyze these headline-making stories at the intersection of presidential power and constitutional rights, and what they mean for the future of American democracy. Each segment offers critical insights into how far executive authority can stretch and how the courts are responding – or failing to respond – in the battles over war, immigration, and civil rights.

Join Corey Brettschneider and John Fugelsang on this timely episode of The Oath and the Office, featuring Mike Zamore, National Policy Director of the ACLU. In the first half, Corey and John dive deep into the weekend's nationwide protests, Trump's escalating impeachable offenses—including his controversial actions involving due process violations and ongoing threats to democratic institutions—and the deployment of the National Guard. In the second half, Mike Zamore offers an inside look into the ACLU’s important role in organizing "No Kings" rallies, providing compelling firsthand accounts from Philadelphia. Zamore shares vital updates on the pivotal Khalil case and highlights alarming due process abuses, including the unconstitutional deportations to Venezuela seen in the Garcia case and the troubling use of detention facilities in El Salvador.This episode provides essential insights for anyone concerned with civil liberties, constitutional integrity, and the critical battles shaping America’s future.Key Topics:Nationwide protests and the impeachment of Donald TrumpLegal implications of deploying the National Guard against civiliansACLU's organizing efforts at "No Kings" ralliesUpdates on the Khalil case and abuses in deportation processesTune in to stay informed and engaged with pressing issues at the intersection of democracy, law, and human rights.

In this episode of The Oath and the Office, Corey Brettschneider and John Fugelsang unpack Donald Trump’s unprecedented move to take operational control of the California National Guard. Currently, the official mission is to protect federal buildings and personnel. But Trump has hinted that he may invoke the Insurrection Act to quell protests. That raises serious constitutional red flags—especially as peaceful protesters remain protected under the First Amendment.The episode distinguishes between martial law and the Insurrection Act, clarifying legal limits that Trump may attempt to ignore. Brettschneider also revisits his push for legislative reform of the Act during the Biden administration—a vital effort that failed to gain traction.The conversation then turns to federalism: with states like California resisting Trump’s overreach, the battle over sanctuary cities and states' rights has become a defining front in the struggle to defend democracy.Broadcasting from Finland, Brettschneider shares insights from recent meetings with government officials and academics. Despite ongoing threats from Russia, Finland remains a model of democratic resilience—something increasingly at risk in the U.S.Finally, the episode covers the latest in the Abrego Garcia case: while charges have been filed and extradition enforced, the due process of law remains intact—underscoring what’s at stake in this moment of constitutional crisis.

Trump’s battles are spreading everywhere: from the Ivy League halls of Harvard to the Supreme Court’s shifting stance on religious liberty. Brettschneider and Fugelsang dive into Trump’s controversial attack on the Harvard Law Review—twisting the Civil Rights Act of 1964 to target student editors—and his shocking showdown with his one-time allies in the Federalist Society. Plus, the Supreme Court might soon allow religious opt-outs from school lessons about LGBTQ+ rights and could even greenlight religious charter schools, eroding the wall between church and state. Get ready for sharp insights and witty analysis in an episode about how Trump’s latest attacks on constitutional freedoms threaten America’s most fundamental freedoms.