The Oath and The Office

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By: Corey Brettschneider and John Fugelsang

The Oath and the Office is a weekly politics podcast unpacking presidential power, the U.S. Constitution, and the rule of law—with serious constitutional analysis and biting comedy.Brown University political science professor Corey Brettschneider teams up with comedian John Fugelsang to tackle the week’s biggest stories and what they mean for American democracy—from the Supreme Court and elections to free speech and abuses of presidential power.Every president swears to “preserve, protect, and defend” the Constitution, but what happens when one openly attacks it? Corey and John pull no punches, exposing threats to democracy, demanding accountability, and talkin...

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Could Facebook Have Stopped January 6? With Frances Haugen
Could Facebook Have Stopped January 6? With Frances Haugen episode artwork
Today at 9:30 AM

Facebook whistleblower Frances Haugen, the subject and hero of the new film The Social Reckoning, joins Corey Brettschneider and John Fugelsang for an in-depth conversation about Facebook’s responsibility for January 6. How did its systems help fuel the attack? Could the company have prevented it? And how did that day shape her decision to blow the whistle? Corey also shares his reaction to the film and a story about Hillary Clinton at Brown University that raises questions about political belonging and why she lost to Trump.

Before that, Corey and John discuss the misogyny of Vivek Ramaswamy and Do...


Report the News, Risk Deportation? Stanford Students Take On Trump
Report the News, Risk Deportation? Stanford Students Take On Trump episode artwork
10/22/2026

Can writing an article put you at risk of deportation? The Stanford Daily editor George Porteous joins Corey Brettschneider and John Fugelsang to explain how deportation fears are silencing student journalists—and why his newspaper took the Trump administration to court. After a major district-court victory, the administration is appealing. At stake: freedom of the press and the First Amendment rights of noncitizens.

Plus: Mahmoud Khalil’s deportation fight, harassment of Rep. Ilhan Omar, the revolving door in the Trump administration, the golf-course controversy involving Judge Reyes, and the battle over Russian sanctions.

Timestamps:
00:11 – Intro
0...


Impeach Trump? Rep. Al Green Makes the Case
Impeach Trump? Rep. Al Green Makes the Case episode artwork
10/15/2026

Congress has the power to impeach Trump. Will it use it?

John Fugelsang and Corey Brettschneider discuss the attack on Ilhan Omar, calls to impeach Defense Secretary Pete Hegseth, and Elon Musk’s DOGE assault on USAID and Congress’s constitutional powers. Why should accountability stop with the president’s subordinates?

Then Congressman Al Green joins the show to make his case for impeaching Trump. From Nixon to Trump, we examine Congress’s responsibility to confront presidential abuses—and the danger of treating any president as above the law.


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Jack Smith Fights Back—and Why the Midterms Matter (with Rep. Ted Lieu)
Jack Smith Fights Back—and Why the Midterms Matter (with Rep. Ted Lieu) episode artwork
10/08/2026

Jack Smith turns the tables on his congressional questioners and doubles down on why he indicted Donald Trump. Corey Brettschneider and John Fugelsang break down the fiery hearing, the threats of prosecution against Smith, and what this battle over accountability reveals about the upcoming midterms. Plus: Can Democrats win in red states, and what would taking back Congress actually accomplish?

Then, Congressman Ted Lieu joins Corey to discuss his proposed AI “kill switch” legislation, the dangers of unchecked artificial intelligence, and federal efforts to stop the sale of presidential pardons.


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Deported to Torture? The Supreme Court Greenlights Trump
Deported to Torture? The Supreme Court Greenlights Trump episode artwork
10/01/2026

What if the government sends you to a country you've never known—where you fear persecution or torture—and you never get a real chance to challenge it?

The Supreme Court has allowed Trump's third-country deportations to continue while the case is pending. Corey Brettschneider and John Fugelsang examine the human stakes, and what it means when the government acts first and the courts decide later.

Also this week: taxpayer-funded ads pushing Trump's political message, the fight over a federal voter database, and the White House's ongoing restrictions on the press.

Learn more about our...


Trump’s White House Press Ban & Religious Coercion (with Mickey Dollens)
Trump’s White House Press Ban & Religious Coercion (with Mickey Dollens) episode artwork
09/24/2026

Can a president shut out reporters because he doesn’t like their coverage? Corey Brettschneider and John Fugelsang take on Donald Trump’s sudden ban on CNN, MS NOW, and Politico from the White House. They explore the constitutional stakes of revoking press credentials, why press freedom protects the public as well as journalists, and whether federal courts will hold the line against a president determined to punish his critics.

Then, Oklahoma state representative and Freedom From Religion Foundation (FFRF) official Mickey Dollens joins the conversation to examine the spreading threat of religious coercion and Christian nationalism, from coac...


Bonus Episode: Is Bipartisanship Still Possible? With Governors Bill Haslam and Phil Bredesen
Bonus Episode: Is Bipartisanship Still Possible? With Governors Bill Haslam and Phil Bredesen episode artwork
09/22/2026

One Republican. One Democrat. Two former governors asking whether Americans can still find common ground.In this special bonus episode of The Oath and the Office, Corey Brettschneider welcomes former Tennessee governors Bill Haslam and Phil Bredesen, hosts of You Might Be Right, for a conversation about political division, democratic principles, and the possibilities and limits of bipartisan cooperation.

What brought these two governors together? What can Americans accomplish across party lines? And where should compromise end when fundamental principles are at stake? We explore what it means to listen to political opponents, reconsider your own assumptions, and...


Did the Supreme Court Just Save the Election? With Skye Perryman
Did the Supreme Court Just Save the Election? With Skye Perryman episode artwork
09/17/2026

Can Trump use the Postal Service to control how Americans vote by mail? And when does a campaign promise cross the line into an attempted bribe? Democracy Forward President and CEO Skye Perryman joins Corey Brettschneider and John Fugelsang to discuss the Supreme Court’s order keeping Trump’s Postal Service restrictions on mail voting blocked ahead of the midterms. She also provides an update on her organization’s challenge to Trump’s slush fund and discusses her new book, Ordinary People, Extraordinary Times. Before the interview, Corey and John break down the news:
The Postal Ruling: What the Supreme...


Will the Court Help Trump Steal the 2026 Election?
Will the Court Help Trump Steal the 2026 Election? episode artwork
09/10/2026

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...


Trump’s Mafia Presidency, with Barbara McQuade
Trump’s Mafia Presidency, with Barbara McQuade episode artwork
09/03/2026

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...


The Christian Nationalism Behind January 6, with Rep. Jared Huffman
The Christian Nationalism Behind January 6, with Rep. Jared Huffman episode artwork
08/27/2026

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...


Trump’s Presidency for Sale?
Trump’s Presidency for Sale? episode artwork
08/20/2026

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 F...


Trump vs. the Supreme Court. Again.
Trump vs. the Supreme Court. Again. episode artwork
08/13/2026

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.Tar...


Blanche’s Confirmation Deal: Trump’s Weaponization Fund Could Return
Blanche’s Confirmation Deal: Trump’s Weaponization Fund Could Return episode artwork
08/06/2026

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...


What Trump and the New Right Really Believe | David French
What Trump and the New Right Really Believe | David French episode artwork
07/30/2026

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 grie...


Trump’s Media Threats & Todd Blanche’s $1.8B Slush Fund (with Skye Perryman)
Trump’s Media Threats & Todd Blanche’s $1.8B Slush Fund (with Skye Perryman) episode artwork
07/23/2026

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...


Trump Targets the Press—and Spies on Americans (with Sen. Ron Wyden)
Trump Targets the Press—and Spies on Americans (with Sen. Ron Wyden) episode artwork
07/16/2026

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 Ame...


Trump’s $2.2 Billion Presidency: The Corruption the Constitution Saw Coming
Trump’s $2.2 Billion Presidency: The Corruption the Constitution Saw Coming episode artwork
07/09/2026

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...


Trump Loses Birthright, Wins a Power Grab (with Joyce Vance)
Trump Loses Birthright, Wins a Power Grab (with Joyce Vance) episode artwork
07/02/2026

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, fo...


Trump’s DOJ Is Hiding the Epstein Files. Katie Phang Is Suing.
Trump’s DOJ Is Hiding the Epstein Files. Katie Phang Is Suing. episode artwork
06/25/2026

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 Jo...


Trump’s War on Habeas Corpus and DOJ Independence — with Harry Litman
Trump’s War on Habeas Corpus and DOJ Independence — with Harry Litman episode artwork
06/18/2026

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 cult...


Trump Melts Down as Congress Pushes Back
Trump Melts Down as Congress Pushes Back episode artwork
06/11/2026

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 fro...


Trump’s Bad Week Is Democracy’s Opening
Trump’s Bad Week Is Democracy’s Opening episode artwork
06/04/2026

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 Min...


Trump’s Imperial Presidency: Bogus Charges and Foreign Wars
Trump’s Imperial Presidency: Bogus Charges and Foreign Wars episode artwork
05/28/2026

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 an...


The Secret Memos Behind the Supreme Court’s Shadow Docket (with Jodi Kantor)
The Secret Memos Behind the Supreme Court’s Shadow Docket (with Jodi Kantor) episode artwork
05/21/2026

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".
<...


Can Trump Undo Our Citizenship Rights? (with ACLU’s Cecilia Wang)
Can Trump Undo Our Citizenship Rights? (with ACLU’s Cecilia Wang) episode artwork
05/14/2026

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 Sup...


The Supreme Court’s Assault on Our Rights (with Kate Shaw)
The Supreme Court’s Assault on Our Rights (with Kate Shaw) episode artwork
05/07/2026

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...


Trump’s War on Truth and Science (with James Morone)
Trump’s War on Truth and Science (with James Morone) episode artwork
04/30/2026

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 Suprem...


Trump’s Supreme Court, the Shadow Docket, and the New Normal (with Aaron Parnas)
Trump’s Supreme Court, the Shadow Docket, and the New Normal (with Aaron Parnas) episode artwork
04/23/2026

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...


Trump vs. the Pope
Trump vs. the Pope episode artwork
04/16/2026

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...


Is Trump Committing War Crimes? Lawrence Douglas on Hegseth, Nuremberg, and the Criminal State
Is Trump Committing War Crimes? Lawrence Douglas on Hegseth, Nuremberg, and the Criminal State episode artwork
04/09/2026

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...


Before Project 2025: How the Right Built Trump’s Power Grab (with David Sirota)
Before Project 2025: How the Right Built Trump’s Power Grab (with David Sirota) episode artwork
04/02/2026

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.

I...


Mueller Warned Congress. Trump Celebrated His Death.
Mueller Warned Congress. Trump Celebrated His Death. episode artwork
03/26/2026

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 qu...


Stacey Abrams on the SAVE Act: The New Voter Suppression Threat
Stacey Abrams on the SAVE Act: The New Voter Suppression Threat episode artwork
03/19/2026

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 Tr...


Trump’s War and the Imperial Presidency
Trump’s War and the Imperial Presidency episode artwork
03/12/2026

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 Prince...


Can Congress Stop Trump’s War?
Can Congress Stop Trump’s War? episode artwork
03/05/2026

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 accountab...


Trump Loses in Court — But Pressure Remains on the Press and Late Night (with Mike Pesca)
Trump Loses in Court — But Pressure Remains on the Press and Late Night (with Mike Pesca) episode artwork
02/26/2026

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.


Title Trump’s FCC Pressures Late Night — Even as Resistance Wins
Title Trump’s FCC Pressures Late Night — Even as Resistance Wins episode artwork
02/19/2026

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 Se...


DOJ Payback Politics (with Preet Bharara)
DOJ Payback Politics (with Preet Bharara) episode artwork
02/12/2026

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.


Trump vs. the Rule of Law: A 5-Year-Old Detained + Election Power Grab
Trump vs. the Rule of Law: A 5-Year-Old Detained + Election Power Grab episode artwork
02/05/2026

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...