The Oath and The Office

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.