Illegal War? War Powers, Deportation Chaos & Trans Rights at Risk
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.
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No Kings, No Tyrants: ACLU's Mike Zamore on Protests and Trump’s 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 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.
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Trump, the Insurrection Act, and the California National Guard: Democracy Under Threat
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.
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Harvard Law & Holy Wars: Trump’s Attack on Courts, Campuses, and Religious Freedom
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.
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The War That Didn’t End When We Thought: Michael Vorenberg on Lincoln and Today’s Disinformation
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.
Mixing sharp wit and serious political fire, The Oath and The Office is where hard-hitting constitutional analysis meets razor-sharp comedy. Distinguished political science professor Corey Brettschneider teams up with comedian John Fugelsang to break down the most powerful 35 words in American democracy—the presidential oath of office. Every president swears to “preserve, protect, and defend” the Constitution, but what happens when one openly attacks democracy and the rule of law itself? Each week, Corey and John pull no punches, exposing the latest threats to the rule of law and demanding accountability. Smart, fearless, and wickedly funny—this is the civics lesson you can’t afford to miss.
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