Coming soon... The Oath and The Office with Professor Corey Brettschneider and John Fugelsang

John Fugelsang and Professor Corey Brettschneider discuss Vice President JD Vance who gave a speech in Munich criticising Germany for curtailing free speech about Nazis and hypocritically scolding European leaders for many actions Trump himself has taken. They also chat about Elon Musk's "Pulse Check" email to federal workers and the legal ins and outs of New York City Mayor Eric Adams.

John Fugelsang and Professor Corey Brettschneider discuss the US Attorney for the Southern District of New York, Danielle Sassoon, resigning.  A member of Trump's team at the DOJ, Emil Bove, directed her to dismiss the corruption case against New York City Mayor Eric Adams, but she chose to take her oath seriously and she quit. They also talk about federal Judge Tanya Chutkin rejecting the request of 14 Attorneys General to block Elon Musk and DOGE from accessing federal data and the parrallels between Richard Nixon and Donald Trump attempting to cover their tracks and hide their crimes.

Professor Corey Brettschneider and John Fugelsang discuss the coup that Donald Trump is carrying out against the Constitution and how he's doing it through birthright citizenship and an outright rejection of judicial review.

John and Corey discuss the contentious meeting with President Trump and Ukrainian President Zelensky in the Oval Office. They also talk about Trump's lies and bullying during his address to a joint session of Congress. And, they honor the heroes who are standing up against the lawless actions of DOGE and the crackdown by the Trump Administration against peaceful assembly and free speech. 

John and Corey discuss the illegal ICE arrest and incarceration of activist Mahmoud Khalil, a former student at Columbia University and researcher in machine learning at the University of Connecticut. They also talk about Trump using Title 6 of the 1964 Civil Rights Act as an excuse to withhold already-allocated federal funding from universities if they participate in activities that promotes DEI. And they criticise N.Y. Governor Kathy Hochul for forcing Hunter College to remove a job posting for a Professor to teach about Palestine but refusing to comment on the illegal detention of Mahmoud Khalil.

This time - John and Corey take a deep dive into Trump's escalating defiance of court orders, attacks on judges, and controversial deportations. They also discuss the injustice of the nearly 250 Venezuelans alleged by the White House to be gang members that have been deported to a supermax prison in El Salvador, even as a US judge blocked the removals. Plus, Justice John Robert's rebuking Trump's call to impeach federal judges who rule against him and the illegal arrest and detention of activist Mahmoud Khalil as well as the continued assaults on universities for DEI practices and the defiant push back from Princeton President Christopher Eisgruber writing an op-ed
in The Atlanic titled "The Cost of the Government's Attack on Columbia".  https://www.theatlantic.com/ideas/archive/2025/03/columbia-academic-freedom/682088/

John Fugelsang and Professor Corey Brettschneider this time hightlight the many judges that are ruling against Trump's illegal orders and policies. They also talk about the president of Columbia University and the law firm Paul, Weiss capitulatng to Trump's extortion and failing the people who depend on them. Plus, they chat about the finger pointing blame-game by the GOP over the leaked  Yemeni attack plan on their Signal group chat. Then, they welcome the National Director of Policy and Government at the ACLU - Mike Zamore. They ask him about cases they are working on including  Trump revoking birthright citizenship, the illegal detention of Mahmoud Kahlil, and the draconian kidnapping of Venezuelans and exiling them to El Salvador. Zamore highlights the "Hands Off" March in D.C. Sat. April 5th at the Washington Monument. 

John Fugelsang and Professor Corey Brettschneider talk about the deliberate attempt by Trump to curtail free speech at universities by denying them funds. They also discuss the Trump Administration's admission that it mistakenly deported a Maryland resident to El Salvador. Then they welcome former prosecutor and former Army JAG officer Glenn Kirschner to share his insight on the Republican-appointed judges saying "NO" to Trump in multiple cases; the Supreme Court ruling against Trump in his quest to eliminate judges he doesn't like; and the dismissal with prejudice of New York Mayor Eric Adams' corruption case.

Professor Corey Brettschneider and political comedian John Fugelsang this week discuss the Supreme Court's recent ruling on immigration and the capitulation of law firms to Trump's bullying. They also chat about Trump's illegal freeze of university funding and the roller coaster ride of his tariff trade war.

This week on The Oath and The Office, Trump openly defies a Supreme Court order to return a non-citizen to El Salvador—then calls it a “win.” Stephen Miller gloats. El Salvador’s president joins in mocking the rule of law. Is this the tipping point of a slow-motion coup?

Then we turn to Harvard, where the Trump movement’s push for “viewpoint diversity” is really a cover for ideological quotas—and Chris Rufo admits it’s all about destroying elite institutions. We unpack how this connects to attempts to defund universities under the Civil Rights Act.

Finally, we pull back: What makes Trump different from past threats to democracy? From John Adams to Woodrow Wilson, we’ve seen nationalism and authoritarianism before—but never like this. And yet, there’s hope. Resistance has worked in the past. Can it again? Learn more with Corey's new book, The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It: https://www.amazon.com/Presidents-People-Threatened-Democracy-Citizens/dp/1324006277

Please write a note or send feedback to corey.brettschneider@gmail.com or ‪@democracyprof.bsky.social‬

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.

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.

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.

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.

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.

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.

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.

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.

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 Trump
• Legal implications of deploying the National Guard against civilians
• ACLU's organizing efforts at "No Kings" rallies
• Updates on the Khalil case and abuses in deportation processes

Tune 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 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.

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 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.

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.

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 MAGA

Subscribe for fierce, funny, and unflinching analysis every week.

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.

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 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.

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.

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 Frauds

https://www.simonandschuster.com/books/Separation-of-Church-and-Hate/John-Fugelsang/9781668066898

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

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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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.

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 now
• The Supreme Court fight tied to the FTC with huge stakes for independent agencies and the question of whether a president can threaten the Federal Reserve
• The looming tariff decision — and how tariffs are being used as political leverage, including in Trump’s pressure campaign involving Greenland

Then Corey and John are joined by Glenn Kirschner (former federal prosecutor) for a blunt, inside-the-system conversation about:

• What went wrong with Robert Mueller
• The decision not to indict Trump — and the precedent it set
• How DOJ “corruption” happens in real life: pressure, incentives, normalization
• The hardest moral call for public servants: stay and fight, or resign and warn the country

If the law won’t check power, what will?