The Oath and The Office

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.

This week on The Oath and The Office, co-hosts Corey Brettschneider and John Fugelsang welcome renowned historian and Lincoln scholar Michael Vorenberg. Best known for his groundbreaking book Final Freedom, which was part of the inspiration for Steven Spielberg’s acclaimed film Lincoln, Vorenberg now challenges the conventional wisdom about when the Civil War truly ended. His latest book, Lincoln’s Peace, argues compellingly that the war didn't conclude neatly at Appomattox in April 1865, but persisted into Andrew Johnson's presidency—shaping American democracy in ways we're still grappling with today.Corey, John, and Michael explore unsettling parallels between Civil War-era disinformation campaigns and the fractured information environment of today, especially around January 6 and ongoing threats to democracy. Vorenberg also offers critical insights into Lincoln's controversial constitutional decisions, including the suspension of habeas corpus, and whether they set troubling precedents for presidential power in modern America.But first, Corey and John break down this week’s critical legal headlines:A federal judge blocks Trump's retaliatory sanctions against law firm WilmerHale.The Supreme Court's troubling debate about ending nationwide injunctions amid arguments on birthright citizenship.A court temporarily halts the Trump administration’s ban on foreign students at Harvard.Subscribe, rate us, and join us each week as we navigate the evolving constitutional crises shaping America’s future.

NYU Law Professor and renowned constitutional expert Melissa Murray joins Corey Brettschneider and John Fugelsang on The Oath and The Office for a vital discussion on abortion rights, the Supreme Court, and the health of democracy. Melissa exposes the dangerous myths behind the Supreme Court’s claim that the Dobbs decision simply returns abortion to the states. She warns about the potential for a nationwide abortion ban. Offering powerful insight, she argues persuasively why democracy and the 14th Amendment demand robust protection for reproductive rights. Melissa also shares optimism about the profound constitutional promises that remain—even amidst the current threats. But first, Corey and John unpack recent disturbing attacks on democratic norms:Politicized Justice: Recent criminal charges against a sitting member of Congress raise urgent questions about the weaponization of justice.Venezuelan Deportations: The Supreme Court has temporarily halted controversial mass deportations under the Alien Enemies Act, highlighting serious concerns about due process and executive overreach.Silencing Dissent via Tax Policy: A troubling House bill threatens nonprofits and universities critical of the administration, stripping nonprofit status and imposing punitive endowment taxes designed to stifle opposition.Join Corey, John, and Melissa Murray as they deliver essential constitutional analysis and fearless commentary on threats facing American democracy today.

Co-host Corey Brettschneider celebrates winning the American Bar Association Silver Gavel Award—but there's no time to rest. He and John Fugelsang tackle the urgent threats facing American democracy.Judge Hannah Dugan’s Bombshell Indictment:An unprecedented indictment of a sitting judge sparks a crisis of judicial integrity.Roberts’ Hollow Warning:Chief Justice Roberts warns the rule of law is "endangered," but Corey and John expose why Roberts’ criticism of Trump is too little, too late, given his own controversial record on presidential immunity.The Habeas Corpus Crisis:Can a president suspend habeas corpus? The hosts unpack the chilling scenario where Congress supports such a constitutional breach, outlining a potential showdown over fundamental rights.Qatar, Trump, and the Emoluments Clause Scandal:Corey and John reveal how a lavish foreign gift to Trump represents exactly the type of dangerous influence America’s founders warned against—from Washington’s time to ours.Birthright Citizenship at Stake:The hosts preview a critical Supreme Court case examining the 14th Amendment’s guarantee of birthright citizenship, highlighting what’s at stake for America’s identity.With sharp wit and incisive analysis, this episode delivers a fearless exploration of constitutional crises and the ongoing fight to preserve American democracy. Subscribe now for your weekly dose of insight on the Supreme Court, the Constitution, and the battle against authoritarian threats.

Law professor Leah Litman (University of Michigan) – co-host of Strict Scrutiny – joins co-hosts Corey Brettschneider and John Fugelsang on The Oath and The Office for an urgent, witty deep-dive into the chaos at the heart of American law and democracy. Litman discusses her new book Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, shredding the myth of a neutral Court. Litman compares today’s conservative-dominated Supreme Court to Patrick Bateman in American Psycho – outwardly polished but fueled by disturbing impulses. With principled passion and humor, she unpacks the so-called “Kensurrection” and reflects on the toxic legacy of Citizens United. It’s a candid conversation that exposes the Court’s bad vibes and asks: Who will uphold our Constitution when those entrusted to protect it go lawless? But first, Corey and John break down this week’s legal news highlights:Trump’s Oath Controversy – Former President Donald Trump makes a jaw-dropping assertion that the presidential oath might not obligate him to uphold the Constitution – even though those 35 words clearly bind him to “preserve, protect, and defend” it.Executive Order Smackdown – A federal court pushes back on Trump’s latest executive order aimed at punishing his political opponents (and their law firms), ruling that even a president can’t weaponize the law to settle scores.DOGE Under Fire – A flurry of over 30 lawsuits challenges the constitutionality of Trump’s new Department of Government Efficiency (DOGE), raising alarm bells over separation of powers. Can Elon Musk really run roughshod over the administrative state without Senate confirmation?Justice Jackson Claps Back – In a rare move, Justice Ketanji Brown Jackson issues a public rebuke of Trump’s attacks on the judiciary – an unprecedented show of internal judicial solidarity against political intimidation.Mixing sharp wit with serious constitutional insight, this episode delivers hard-hitting analysis with heart. It’s a fearless, principled discussion that balances outrage and optimism—guaranteed to resonate with Strict Scrutiny fans and anyone worried about democracy’s future. Subscribe to The Oath and The Office on Apple Podcasts or Spotify for your weekly guide to law, power, and the fight to defend the Constitution.

In this essential episode of The Oath and The Office, hosts Corey Brettschneider and John Fugelsang dissect Trump’s first 100 days, highlighting dangerous executive orders that threaten constitutional democracy. They examine two alarming categories: orders so clearly unconstitutional that courts may swiftly block them, and subtler actions rooted in the “unitary executive theory” paving the road toward autocracy. Despite this grim landscape, Trump’s poll numbers reveal a weakening presidency—are historical democratic norms finally rallying public resistance? Corey and John also provide a deep investigative look into the Supreme Court’s temporary halt on Trump’s controversial deportations to El Salvador, exposing the flawed, punitive point system used against vulnerable migrants. Plus, they delve into the troubling arrest of a Wisconsin judge, drawing powerful historical parallels to the state’s legacy of judicial resistance against slavery. Ending with optimism, they cover a federal judge’s ruling protecting Voice of America from Trump’s political interference, underscoring the ongoing fight for judicial independence and free press.

Legal journalist Dahlia Lithwick joins The Oath and The Office to explore why Trump’s second presidency is even more dangerous than the first—and how courageous lawyers, many of them women, are once again stepping up to defend the rule of law. Drawing on her bestselling book Lady Justice, Lithwick shares powerful stories of resistance, from the travel ban to Charlottesville to the fight for reproductive rights.But first, Corey and John break down this week’s legal flashpoints:SCOTUS Shadow Docket: The Supreme Court quietly halts deportations to Venezuela in an emergency ruling—what does this signal about immigration and executive power?Contempt Showdown on Hold: Judge Boasberg planned contempt proceedings after Trump defied a federal court order, but an appeals court has paused them—for now. Could criminal charges still be in play?NYT v. Sullivan Revisited: Sarah Palin’s libel case reignites debate over press freedom and the future of New York Times v. Sullivan.Papal Politics: Pope Francis is increasingly at odds with the far-right as he champions democracy, justice, and global dignity.This episode is a call to courage in the face of rising authoritarianism—and a powerful reminder that the law can be a tool of resistance. Subscribe to The Oath and The Office on Apple or Spotify for your weekly guide to law, power, and democracy.