Afleveringen
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Trump’s anticipated reprisal campaign against the DOJ began with a series of moves aimed at punishing professionals involved in his prosecutions while simultaneously destabilizing the department as a whole. In this special emergency episode, some of the most outstanding and experienced DOJ alumni—Paul Fishman, Amy Jeffress, Mimi Rocah—take stock of the damage inflicted and assess the department’s ability to recover after enduring the chaos of Trump’s rule.
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Harry talks with federal courts and constitutional law expert Steve Vladeck about the hailstorm of Trump executive orders in the first week. Professor Vladeck explains in general terms what executive orders can accomplish and what they can’t. The two then zero in on the orders concerning birthright citizenship, TikTok, and immigration. They finish with some up-to-the-minute accounts of the harrowing goings-on in the Department of Justice, where new political appointees are issuing orders for DOJ litigators that are designed to implement some of the farthest reaching Trump edicts.
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Zijn er afleveringen die ontbreken?
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No need to mince words: it was the most damaging week for the constitution, and the Founders’ carefully calibrated system of checks & balances, since at least the Civil War. Trump put into place a series of executive orders & actions that if upheld will expand his power enormously and cut out the legs from most opposition. A great roundtable of Susan Glasser, David Jolly, and Bill Kristol joins Harry to assess the damage and what it portends for degradations of American law, politics, and life.
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Harry talks with Mark Greenblatt, one of the Inspectors General fired suddenly in the “Friday night purge” of the vast majority of Senate-confirmed IG’s. They discuss the origin, function, and nature of Inspectors General, who have saved taxpayers nearly $700 billion. Greenblatt talks about his own 20-year + service in the IG community, during which he rotated through several agencies and was elected by his peers to lead the IGs’ council. Then they zero in on Friday night and exactly what happened before moving to Greenblatt’s current thoughts about how the IG community, Congress, and country should respond to the purge, and whether and how it is possible to safeguard the paramount goal of oversight with integrity and credibility. It’s the longest and most detailed and nuance discussion with any of the fired IGs, going well beyond quick sound bites to an in-depth examination of who IGs are and what the country has lost in the purge.
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There is understandable frustration at the failure to release volume 2 of the Smith Report dealing with the Mar-A-Lago documents case, but we are able to construct strong surmises about what is in that volume based on already available material. Harry checks in again with Marcy Wheeler, whose blog, emptywheel.net, consistently presents the most in-depth and comprehensive accounts of the public record. Through a methodical scrutiny of documents that have come to light in various ways – including a FOIA request from Donald Trump that produced 60 important emails and other documentary records – we can make a detailed sketch of much of the information that Smith likely passed along to Merrick Garland. Critically, some of the information bears on the qualifications for FBI director of Kash Patel, who asserted the 5th Amendment when called to testify about his claim that Trump had declassified the records he took away. Listeners’ alert: some of the discussion is fairly microscopic but that’s because some of the known information is quite detailed.
Read Marcy's blog: https://www.emptywheel.net/2025/01/19/found-dozens-of-damning-documents-about-trumps-hoarding-of-classified-documents/
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Published on the day of Trump’s inauguration, this episode takes brief stock of Biden’s unusual farewell address before pivoting to the perilous future. A great roundtable of Talking Feds stalwarts--Jonathan Alter, Norm Eisen, & Jen Rubin--assesses the confirmation hearings & what they suggest about the nature of Trump rule, as well as the prospects for the most controversial nominees, especially Kash Patel. We end with a set of open-ended reflections about what to expect in the next few months.
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Harry speaks again with Marc Elias, the nation’s most important election-law lawyer, about some of the sharpest challenges on the current landscape and that he anticipates will come our way once Trump takes office. There is a battle being waged in North Carolina, where the Democratic candidate won an election, verified by two recounts, but the Republican party is looking retroactively to invalidate some 60,000 votes. That contest should be receiving more attention than it has, both in its own right and as a possible harbinger of brass-knuckle tactics to come. The two then switch gears to talk about the continuing appeasement of Trump by traditional media, based on its larger corporate interest. Elias offers a number of thoughts about the dangers of the development and what we all can do about it.
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After six weeks of special episodes to prepare for Trump 2.0, Talking Feds returns to its normal format of 3 stellar commentators—Jason Kander, Charlie Sykes, & Ali Vitali—working through the big news. Trump was sentenced, becoming the first-felon President, though the Supreme Court nearly saved him. Trump fought publication of the Jack Smith report, but at least volume 1 probably will be made public. January 6 came and went. Trump gave a semi-incoherent press conference. It’s déjà vu all over again.
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Harry sits down with Representative Ro Khanna, who from his perch in the heart of Silicon Valley has become a national leader on issues of artificial intelligence and economic innovation. Rep. Khanna is bullish on new technology but keenly aware of its risks. Harry and Rep. Khanna discuss the marketing of AI products; AI’s contribution to social misinformation and how to regulate it; and antitrust protections against undue aggregation of market power by one or two platforms. Along the way, they also touch on others of Khanna’s wide-ranging interests, including term limits for Supreme Court justices
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Continuing with our series of subject-specific episodes to gear up for Trump 2.0, a great panel of healthcare policy experts—Dan Diamond, Ezekiel Emanuel, and Kavita Patel—sizes up the critical series of issues about to confront the country. RFK Jr’s potential confirmation to head HHS is an issue in itself, given the huge challenges of the $2 trillion agency. Then there are a serious of potential overhauls in different medical areas to consider, especially vaccines but also ACA, abortion, more.
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Harry sits down with Greg Casar, the youngest member of the Texas delegation in Congress and an unapologetic progressive in the some-time hostile landscape of Texas (albeit the famous enclave of Austin). A charismatic campaigner, Casar made his mark in Congress by leading a nine-hour thirst strike in 2023 to advocate for workers’ protections from extreme heat. Cesar discusses his against-the-tide electoral success and his work in Congress for immigrant rights, abortion rights, worker’s rights, voting rights, and other signature progressive issues.
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Continuing with our series of subject-specific episodes to gear up for Trump 2.0, we take up a wild-card element in the upcoming battles: the prospective pushback from blue states advancing their own sovereign interests and those of their residents. A great roundtable of former state AG’s and senior federal officials—Rich Cordray, Heidi Heitkamp, and Phil Weiser—explain the formidable tools that the states can deploy to parry aggressive federal policies within their own borders.
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The latest entry in the Harry-Molly mix-it-up—the first since the election—with Molly peppering Harry with legal questions while Harry parries with political ones for her. Molly picks Harry’s brain on executive orders, Kash Patel's enemies list, and Harry's exit from the LA Times. Harry returns fire with questions about sounding the alarm on Trump’s authoritarian moves, what’s in the future for the Musk-Trump bromance, and the American mood that gives rise to lionizing Luigi Mangione, who shot a healthcare CEO on the Manhattan streets.
As always with these mash-ups, it’s rapid fire, fun, and chock full of information.
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No area represents a more stark and violent shift in U.S. policy in Trump 2.0 then immigration, where the country is bracing for the possibility of wholesale roundups of illegal aliens. Three experts in immigration policy and governmental oversight—Doris Meissner, Kristie De Pena, and Leon Rodriguez—join Harry for a preview of what’s coming and the mobilization of state governments and the private sector to push back. Core issues not just of law but of national identity hang in the balance.
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Harry talks with law professor and former prosecutor, Kim Wehle, one of the country’s foremost experts on the pardon power. They begin with some historical precedent to situate the pardon power and its contours within the American justice system. From there, they move onto the controversy involving Hunter Biden’s pardon, which Professor Wehle and Harry see as an overall conventional use of the power given that no one has contradicted that Hunter Biden was singled out for harsher treatment based on his father. The two then dig deep into the the prospect of a numbrella, pardons by Biden of the targets for retribution that Trump and Patel have announced, and the particular way to frame such an action to insulate it from subsequent challenge. Finally, Professor Wehle and Harry discuss the prospect of pardons by Trump for the January 6 marauders; however vexing that may be politically, and however out of the mainstream of historic pardons, Trump likely has the raw power to do it.
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The next in our series of subject-specific episodes to prepare for Trump’s return. Our regular economics panel–the fantastic trio of Dean Baker, Paul Kruman, and Stephanie Ruhle–assesses the latest reports & the disconnect between people’s views of the economy & its actual robust state. The panel talks at length about Trump’s economic centerpiece of large tariffs on our biggest trade partners before moving onto the economic implications of other campaign promises, especially mass deportations.
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In a special 1-on-1 taped before a live audience as part of the Talking San Diego series (www.talkingsandiego.net) , Harry sits down with Congressman Jamie Raskin to discuss a theory of Second Amendment rights that has proliferated in recent years, including support by elected officials such as Matt Gaetz. That is an insurrectionary theory according to which the Constitution protects the right of the people to keep and bear arms in order to use them against their own government when they perceive the government has become tyrannical. Raskin completely shreds the theory as a matter of history, text, and constitutional structure. He concludes that “the real Constitution rejects the right wing fantasy that random banks of disgruntled armed citizens can claim the powers of the constitutional militia.”
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Continuing in our series of subject-specific topics leading up to Trump 2.0, we convene a great set of experts—Frank Figliuzzi, Juliette Kayyem, and Asha Rangappa—to assess the landscape in national security, beginning with the selection of Kash Patel to head the FBI. Patel has it all--inexperience, arch loyalty to Trump, and deep hostility to the FBI, and his selection would have grave consequences. The group then moves on to the choice of Tulsi Gabbard to lead DNI & sundry topics in the area.
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Harry talks with Professor Tim Snyder, Levin Professor of History at Yale, who is both one of our leading political scientists and one of the most trenchant critics of Trump’s moves in the everyday. Snyder first discusses some of the organizing ideas in his scholarly work, especially the recent “On Freedom.” He explains his particular notion of freedom and how it differs from the common conception held by most people in the United States. They then talk about fascism and the degree to which the political program it employs depends on a radical devaluing of the idea of truth and fact. The two then move to the current American landscape, and the degree to which Trump’s return to power, viewed especially in the light of history, represents a genuine threat of an irreversible decline in democratic, constitutional rule. Professor Snyder closes with some bases for optimism and a constructive agenda moving forward.
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The early indications from the first weeks since the election are gloomy. A roundtable of three of the podcast's all stars–Susan Glasser, Jen Rubin, and Charlie Sykes–joins Harry to break down the embryonic warnings of democratic backsliding ahead. Trump and his circle are flouting ethical requirements and trying to run an opaque shop, though reports of backbiting and at least one scandal have emerged. And Jack Smith closed up shop on the most serious allegations ever brought against a president.
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