The Oath and The Office

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.