Talking Feds

The worst assault by a president on constitutional norms of any week in history, save possibly only last week. A great panel stocked with political experience & law enforcement experience—Asha Rangappa, Stuart Stevens & Rick Wilson—join Harry to analyze the dregs of Trump’s nominees, whose prospects for confirmation cannot be counted out given Trump’s vice grip on Senate Rs. They then take up other of the weeks follies, including Trump’s blaming the terrible plane accident on Dems’ DEI policies. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Trump’s anticipated reprisal campaign against the DOJ began with a series of moves aimed at punishing professionals involved in his prosecutions while simultaneously destabilizing the department as a whole. In this special emergency episode, some of the most outstanding and experienced DOJ alumni—Paul Fishman, Amy Jeffress, Mimi Rocah—take stock of the damage inflicted and assess the department’s ability to recover after enduring the chaos of Trump’s rule. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks with federal courts and constitutional law expert Steve Vladeck about the hailstorm of Trump executive orders in the first week. Professor Vladeck explains in general terms what executive orders can accomplish and what they can’t. The two then zero in on the orders concerning birthright citizenship, TikTok, and immigration. They finish with some up-to-the-minute accounts of the harrowing goings-on in the Department of Justice, where new political appointees are issuing orders for DOJ litigators that are designed to implement some of the farthest reaching Trump edicts. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

No need to mince words: it was the most damaging week for the constitution, and the Founders’ carefully calibrated system of checks & balances, since at least the Civil War. Trump put into place a series of executive orders & actions that if upheld will expand his power enormously and cut out the legs from most opposition. A great roundtable of Susan Glasser, David Jolly, and Bill Kristol joins Harry to assess the damage and what it portends for degradations of American law, politics, and life. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks with Mark Greenblatt, one of the Inspectors General fired suddenly in the “Friday night purge” of the vast majority of Senate-confirmed IG’s. They discuss the origin, function, and nature of Inspectors General, who have saved taxpayers nearly $700 billion. Greenblatt talks about his own 20-year + service in the IG community, during which he rotated through several agencies and was elected by his peers to lead the IGs’ council. Then they zero in on Friday night and exactly what happened before moving to Greenblatt’s current thoughts about how the IG community, Congress, and country should respond to the purge, and whether and how it is possible to safeguard the paramount goal of oversight with integrity and credibility. It’s the longest and most detailed and nuance discussion with any of the fired IGs, going well beyond quick sound bites to an in-depth examination of who IGs are and what the country has lost in the purge. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

There is understandable frustration at the failure to release volume 2 of the Smith Report dealing with the Mar-A-Lago documents case, but we are able to construct strong surmises about what is in that volume based on already available material. Harry checks in again with Marcy Wheeler, whose blog, emptywheel.net, consistently presents the most in-depth and comprehensive accounts of the public record. Through a methodical scrutiny of documents that have come to light in various ways – including a FOIA request from Donald Trump that produced 60 important emails and other documentary records – we can make a detailed sketch of much of the information that Smith likely passed along to Merrick Garland. Critically, some of the information bears on the qualifications for FBI director of Kash Patel, who asserted the 5th Amendment when called to testify about his claim that Trump had declassified the records he took away. Listeners’ alert: some of the discussion is fairly microscopic but that’s because some of the known information is quite detailed. Read Marcy's blog: https://www.emptywheel.net/2025/01/19/found-dozens-of-damning-documents-about-trumps-hoarding-of-classified-documents/ See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Published on the day of Trump’s inauguration, this episode takes brief stock of Biden’s unusual farewell address before pivoting to the perilous future. A great roundtable of Talking Feds stalwarts--Jonathan Alter, Norm Eisen, & Jen Rubin--assesses the confirmation hearings & what they suggest about the nature of Trump rule, as well as the prospects for the most controversial nominees, especially Kash Patel. We end with a set of open-ended reflections about what to expect in the next few months. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry speaks again with Marc Elias, the nation’s most important election-law lawyer, about some of the sharpest challenges on the current landscape and that he anticipates will come our way once Trump takes office. There is a battle being waged in North Carolina, where the Democratic candidate won an election, verified by two recounts, but the Republican party is looking retroactively to invalidate some 60,000 votes. That contest should be receiving more attention than it has, both in its own right and as a possible harbinger of brass-knuckle tactics to come. The two then switch gears to talk about the continuing appeasement of Trump by traditional media, based on its larger corporate interest. Elias offers a number of thoughts about the dangers of the development and what we all can do about it. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

After six weeks of special episodes to prepare for Trump 2.0, Talking Feds returns to its normal format of 3 stellar commentators—Jason Kander, Charlie Sykes, & Ali Vitali—working through the big news. Trump was sentenced, becoming the first-felon President, though the Supreme Court nearly saved him. Trump fought publication of the Jack Smith report, but at least volume 1 probably will be made public. January 6 came and went. Trump gave a semi-incoherent press conference. It’s déjà vu all over again. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry sits down with Representative Ro Khanna, who from his perch in the heart of Silicon Valley has become a national leader on issues of artificial intelligence and economic innovation. Rep. Khanna is bullish on new technology but keenly aware of its risks. Harry and Rep. Khanna discuss the marketing of AI products; AI’s contribution to social misinformation and how to regulate it; and antitrust protections against undue aggregation of market power by one or two platforms. Along the way, they also touch on others of Khanna’s wide-ranging interests, including term limits for Supreme Court justices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Continuing with our series of subject-specific episodes to gear up for Trump 2.0, a great panel of healthcare policy experts—Dan Diamond, Ezekiel Emanuel, and Kavita Patel—sizes up the critical series of issues about to confront the country. RFK Jr’s potential confirmation to head HHS is an issue in itself, given the huge challenges of the $2 trillion agency. Then there are a serious of potential overhauls in different medical areas to consider, especially vaccines but also ACA, abortion, more. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry sits down with Greg Casar, the youngest member of the Texas delegation in Congress and an unapologetic progressive in the some-time hostile landscape of Texas (albeit the famous enclave of Austin). A charismatic campaigner, Casar made his mark in Congress by leading a nine-hour thirst strike in 2023 to advocate for workers’ protections from extreme heat. Cesar discusses his against-the-tide electoral success and his work in Congress for immigrant rights, abortion rights, worker’s rights, voting rights, and other signature progressive issues. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Continuing with our series of subject-specific episodes to gear up for Trump 2.0, we take up a wild-card element in the upcoming battles: the prospective pushback from blue states advancing their own sovereign interests and those of their residents. A great roundtable of former state AG’s and senior federal officials—Rich Cordray, Heidi Heitkamp, and Phil Weiser—explain the formidable tools that the states can deploy to parry aggressive federal policies within their own borders. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

The latest entry in the Harry-Molly mix-it-up—the first since the election—with Molly peppering Harry with legal questions while Harry parries with political ones for her. Molly picks Harry’s brain on executive orders, Kash Patel's enemies list, and Harry's exit from the LA Times. Harry returns fire with questions about sounding the alarm on Trump’s authoritarian moves, what’s in the future for the Musk-Trump bromance, and the American mood that gives rise to lionizing Luigi Mangione, who shot a healthcare CEO on the Manhattan streets. As always with these mash-ups, it’s rapid fire, fun, and chock full of information. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

No area represents a more stark and violent shift in U.S. policy in Trump 2.0 then immigration, where the country is bracing for the possibility of wholesale roundups of illegal aliens. Three experts in immigration policy and governmental oversight—Doris Meissner, Kristie De Pena, and Leon Rodriguez—join Harry for a preview of what’s coming and the mobilization of state governments and the private sector to push back. Core issues not just of law but of national identity hang in the balance. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks with law professor and former prosecutor, Kim Wehle, one of the country’s foremost experts on the pardon power. They begin with some historical precedent to situate the pardon power and its contours within the American justice system. From there, they move onto the controversy involving Hunter Biden’s pardon, which Professor Wehle and Harry see as an overall conventional use of the power given that no one has contradicted that Hunter Biden was singled out for harsher treatment based on his father. The two then dig deep into the the prospect of a numbrella, pardons by Biden of the targets for retribution that Trump and Patel have announced, and the particular way to frame such an action to insulate it from subsequent challenge. Finally, Professor Wehle and Harry discuss the prospect of pardons by Trump for the January 6 marauders; however vexing that may be politically, and however out of the mainstream of historic pardons, Trump likely has the raw power to do it. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

The next in our series of subject-specific episodes to prepare for Trump’s return. Our regular economics panel–the fantastic trio of Dean Baker, Paul Kruman, and Stephanie Ruhle–assesses the latest reports & the disconnect between people’s views of the economy & its actual robust state. The panel talks at length about Trump’s economic centerpiece of large tariffs on our biggest trade partners before moving onto the economic implications of other campaign promises, especially mass deportations. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

In a special 1-on-1 taped before a live audience as part of the Talking San Diego series (www.talkingsandiego.net) , Harry sits down with Congressman Jamie Raskin to discuss a theory of Second Amendment rights that has proliferated in recent years, including support by elected officials such as Matt Gaetz. That is an insurrectionary theory according to which the Constitution protects the right of the people to keep and bear arms in order to use them against their own government when they perceive the government has become tyrannical. Raskin completely shreds the theory as a matter of history, text, and constitutional structure. He concludes that “the real Constitution rejects the right wing fantasy that random banks of disgruntled armed citizens can claim the powers of the constitutional militia.” See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Continuing in our series of subject-specific topics leading up to Trump 2.0, we convene a great set of experts—Frank Figliuzzi, Juliette Kayyem, and Asha Rangappa—to assess the landscape in national security, beginning with the selection of Kash Patel to head the FBI. Patel has it all--inexperience, arch loyalty to Trump, and deep hostility to the FBI, and his selection would have grave consequences. The group then moves on to the choice of Tulsi Gabbard to lead DNI & sundry topics in the area. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks with Professor Tim Snyder, Levin Professor of History at Yale, who is both one of our leading political scientists and one of the most trenchant critics of Trump’s moves in the everyday. Snyder first discusses some of the organizing ideas in his scholarly work, especially the recent “On Freedom.” He explains his particular notion of freedom and how it differs from the common conception held by most people in the United States. They then talk about fascism and the degree to which the political program it employs depends on a radical devaluing of the idea of truth and fact. The two then move to the current American landscape, and the degree to which Trump’s return to power, viewed especially in the light of history, represents a genuine threat of an irreversible decline in democratic, constitutional rule. Professor Snyder closes with some bases for optimism and a constructive agenda moving forward. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

The early indications from the first weeks since the election are gloomy. A roundtable of three of the podcast's all stars–Susan Glasser, Jen Rubin, and Charlie Sykes–joins Harry to break down the embryonic warnings of democratic backsliding ahead. Trump and his circle are flouting ethical requirements and trying to run an opaque shop, though reports of backbiting and at least one scandal have emerged. And Jack Smith closed up shop on the most serious allegations ever brought against a president. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks with Michael Tomasky, Editor of the New Republic, about his article, “Why Does No One Understand the Real Reason Trump Won?” Tomasky digs beneath the demographic information about increased Hispanic voters or concerns about immigration to explain the pivotal fact that vast fractions of the electorate – roughly those who voted for Trump – had a false narrative fed to them by right-wing media, which has become more powerful than legacy media in this country (owing in part to the decline of legacy media), and, far more importantly, speaks in one voice and has a hammerlock on the attention of nearly half the country. Tomasky delineates the strategic genesis and rise of right-wing media, tracing it to huge contributions from right wing forces, whereas the left’s high rollers chiefly contribute to specific causes. Tomasky posits that the right-wing media will not be satisfied with its notable successes but will aim for full domination, and sounds a warning bell for the left to appreciate and respond to the immense political force. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks again w/ Marcy Wheeler, as tenacious a follower of the Trump cases as there is, about what Jack Smith might include in a report to Merrick Garland pursuant to the Special Counsel regulations that would supplement the historical record. The short answer is “plenty.” Marcy and Harry march through intriguing but incomplete details in the public record about uncharged conduct, declined federal crimes, and especially activity of still important members of the Trump circle such as Steve Bannon, Roger Stone, and Todd Blanche. This is a detailed guide to what we don’t know but need to in the interests of both democratic transparency and history. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

We are doing a series of special episodes leading up to Trump 2.0 in the areas that are most in the crosshairs of Trump and Project 2025, including immigration, health care, and foreign policy. This is the first one, and it focuses on the Department of Justice, with our regular great expert roundtable of Katie Benner, Paul Fishman, and Amy Jeffress. DOJ is not just the agency I and my compadres know best; it is also the one whose ravaging will most signal a backslide towards authoritarianism. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks with Sen. Chris Murphy about a range of subjects, including his recent reelection, his favorite book, and his annual walks across Connecticut. They focus mainly however on Murphy’s thoughts about the reasons for the Democrats 2024 defeat. Murphy had argued that the Democratic Party was ignoring a crisis staring it in the face, born of the inability to connect with Americans’ bleak view of the economy and their growing alienation. As flawed and vicious as Trump’s candidacy was, it had a certain spiritual element of connecting with voters’ deep-seated feelings about a society that is leaving them behind and increasingly isolated and lonely. Murphy talks about how the Democrats can and should advance their own message of meaning and purpose, and what they will need to do in the near future to counter Trump’s expected legal and policy outrages. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry speaks with Constitutional scholar and Supreme Court expert Steve Vladeck about the seeds of a fundamental crisis in American political life. The Supreme Court rebuffed Trump at least some in his first term. But now Trump is a lame duck and a lawless cynic, and it’s not hard to envision as ignoring even a mandate from the Supreme Court. Moreover, in part because of their bad steps in the last several years, including the Dobbs opinion, the court is at a low ebb of respect and credibility in the country, which is ultimately the capital it must call on to enforce its decisions. Harry and Steve also discuss the constitutional gambit. Trump is suggesting for recess appointments. If the Senate won’t cooperate, they can drive in lot of thinks is unlikely to succeed. Finally, the two talk about the embarrassing and non-judicious personal attack on Steve launched by Court of Appeals Judge Edith Jones at a recent conference of the Federalist Society. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

An excellent roundtable of commentators—Heather Cox Richardson, Bill Kristol, and Mara Liasson—explains why based on the early evidence, Trump 2.0 poses grave risks to the rule of law & the national security. He has advanced a series of gonzo nominations for key administration positions that as much as dare the Senate to cross him. And he is making noises about using recess appointments to install those nominees, a maneuver that would warp the constitutional design of Senate advice and consent. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry sits down with Rick Wilson, co-founder of the Lincoln Project and a former Republican political strategist who did as much as anyone to warn the country of the dangers of a Trump presidency, including creating and distributing a dazzling series of ads that brought home Trump’s essential know-nothingness, hypocrisy, and wickedness. The two begin with a discussion of whether in retrospect the election was winnable for Harris-Walz, or whether the forces that propelled Trump’s victory were in retrospect insuperable. Wilson analyzes the result in terms of the media ecosystem that the extreme right has constructed and made common cause with since 2008 and especially since Covid. Penetrating that ecosystem is the chief task going forward, but it is way easier said than done. Trump’s likely stumbles as President will provide some headway and perhaps provide openings for the Democrats to take back one of the Houses of Congress in 2026. But the immediate and pressing issue is whether Trump will use his virtually unchecked power to move the country towards autocracy along the model of say, Turkey, in a way that history demonstrates is very hard to reverse. That leaves little choice of patriots, who might well have been looking forward to a resumption of normal life and normal politics, than to continue to fight day to day and month to month against the coming waves of abuses of governmental power. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

A welter of emotions—disappointment, anger, shellshock, bewilderment—jockey for attention in the wake of Donald Trump’s decisive victory. How did the American people select a constitutional villain they know so well, who has promised an even more lawless and destructive second term? A great group of thoughtful and trenchant commentators—Senator Barbara Boxer, Norm Ornstein, and Jacob Weisberg—join Harry to probe the deeper explanations for Trump’s victory and begin to consider what is to be done. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry unpacks Trump’s victory with Mike Podhorzer, founder of the Analyst Institute and the Defend Democracy Project and perhaps the nation’s #1 authority on polls and their foibles. Podhorzer resists the conventional wisdom that the election result is best explained by demographic shifts among certain voters such as Hispanic men or white women. If what's happened here happened in the Hungarian or Turkish elections, we wouldn't be looking at their exit polls to understand what happened. He rather analyzes the seeds of Trump’s victory in a series of developments since 2008, including Supreme Court decisions and an outpouring of money from third parties. Podhorzer avers that Trump’s policies have virtually no support in the electorate, pointing out how Trumpian candidates fared in down ballet races; however, Trump’s success traces to a persuasive embodiment of widely held attitudes, in particular anti-incumbency, which has been a potent force around the world since COVID. That suggests that when Trump begins to put policies into effect, for example the promised mass deportation, it will prompt an electoral backlash. Podhorzer’s core argument about the election is that while it was legal in the sense of not turning of quirky contingencies, it was not legitimate because it failed the fundamental test of expressing the true consent of the governed. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry sits down in a live conversation with Bill Kristol, one of the most influential voices in America political life for the last 35 years and a veteran of high official service in two Republican administrations. Kristol was an early and ardent opponent of Donald Trump and a founder of Republicans for the Rule of Law. Harry and he talk about his New York childhood in a conservative hothouse, his early academic success as a political philosophy professor, his transition to the practical hurly-burly world of politics, and his long stint editing the most influential magazine of conservative political thought, the Weekly Standard. They then go at length into why Trump is such a pernicious and divisive figure in America, the concrete threats he presents if elected again, and the role of the Republican Party in maintaining his influence, notwithstanding widespread contempt for him. Along the way, they explore the social and political explanations for Trump’s rise and what needs to happen to restore America to a healthy two-party democracy. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

For the last episode of the 2024 presidential campaign, a stellar roundtable of David Frum, Jen Rubin and Stuart Stevens wrestles with Trump’s over-the-top vicious rhetoric and considers whether the country may be on the precipice of electing a fascist. We go on to consider the strange late-campaign factor of Elon Musk, and move to Harris’s closing argument, and its emphasis on civility, closing with some tentative observations about what lies ahead for the country over the next several weeks. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

As part of the Talking San Diego series, Harry sits down with Nancy Pelosi for a wide-ranging conversation centering on her new book, “The Art of Power.” Pelosi takes us through her entry into Congress as a 46-year-old housewife through the great legislative triumphs of her tenure as speaker, clearly among the most successful in American history. She discusses her approach to leadership and the particular challenges posed by the conduct of Donald Trump and his allies, including their regular departure from the truth. A great conversation with the Speaker’s graciousness, savvy, poise, and judgment on full display. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Going into the campaign’s last week, there is a mile-wide chasm between the candidates in their messages & styles, but not a millimeter between them in the popular vote polls. Harris’s closing argument is emphasizing the grave dangers Trump presents to constitutional rule, but it’s not clear it’s getting through to any new voters. A fantastic roundtable—Beto O’Rourke, Tara Setmayer, & Ali Vitali—join Harry to analyze what’s happening in the final days of the tightest election in a generation. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks with Bob Bauer, the most prominent Democratic political lawyer of the last generation, about his new book, “The Unraveling.” The book, analyzes the contributions of lawyers to the politics-as-blood-sport that is our inheritance from the last 40 years of national campaigns. Looking back on a lifetime of representation of candidates, officials, and political institutions like the White House, Bauer analyzes the warrior’s role, including pushing on the truth and demonizing the enemy. Many of these excesses helped pave the for the far greater and more vicious dishonesty of the Trump era. Bauer ends with an extended prescription for restoring ethics and a sense of institutional values to political lawyering. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

As one of our guests this week puts it, we know the dartboard but we don’t know what area to pinpoint. There has been little concrete indication of movement in the basic dynamic of the election, which means that we need to stare head on at the grim possibility of a Trump victory, and ask why the sense of panic isn’t greater, including among Republican officials who know Trump best. Susan Glasser, Charlie Sykes, & Jacob Weisberg contrast Harris’s vigor w/ Trump’s continued decline & read the sparse tea leaves. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry and Molly trade off political and legal questions in their latest mashup. As usual, they cover lots of territory on both the legal and political terrains, including Trump’s insistence that he is better for Israel, the status of the various Trump cases, including if Trump wins, the Supreme Court’s reaction to public discontent, whether the justice system is biased towards white men, whether Vance represents “Trumpism Without Trump,” FEMA lies, and a whole lot more. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

T minus 22 and the two campaigns are a study in contrasts. Harris is prospecting for new voters w/ a broad media strategy, inc niche podcasts, while Trump digs deeper into the dark recesses of MAGA voters searching for supporters who sat the last two elections out. The hurricane is a vivid reminder of all that can’t be predicted, & an illustration of the damage wrought by Trump’s lies. A great trio of political experts—Jon Alter, Mara Liasson, & Bob Shrum—joins Harry to piece it all together. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

When Judge Tanya Chutkan abruptly unsealed Jack Smith’s 165 page brief describing the evidence he proposes to use to convict Donald Trump of trying to steal the 2020 election, there was a mad dash of activity as we all scrambled to mine the best nuggets of information; and there were many of them. Read of the brief reveals a whole other series of insights that have been overlooked or under reported to date. Harry talks with the ever-tenacious and insightful Marcy Wheeler, a.k.a. the empty wheel, and in a detailed 45-minute conversation, the two exchange and analyze the most important outstanding revelations in the brief and bear down on what the additional key points reveal about Smith’s case and the likely course of litigation ahead. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

If there was a fundamental shift in the election dynamics this week, it wasn't perceptible at the surface level. A great returning panel of Alisyn Camerota, David French, and Norm Ornstein joins Harry to discuss whether Trump's increasingly brazen lies move any voters into his column. They then take up the VP debate & Vance's inability to concede that Trump lost in 2020; Harris's week, highlighted by a joint appearance w/ Liz Cheney; & finally the impact of the Jack Smith brief in the 1/6 case. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry talks with Michael Podhorzer, founder of the Analyst Institute and perhaps the foremost student in the country of the true utility and disutility of political polls. Podhorzer explains the critical difference between two types of “undecided” voters the polls lump together – those (very very rare) votes still uncertain whom to vote for and those (much more common) voters who may or may not vote but know whom they would vote for. The difference has key implications for the state of the race, the best strategies for the campaign, and the right and wrong ways to interpret polls. The distinction also helps explain Trump’s steadfast refusal to expand or soften his autocratic extreme MAGA message. Podhorzer also explains the modeling he has done of the 2024 electorate based on vote history and behavior. A rich discussion and an effective antidote to the “Mad Poll Disease” that so many of us have as the election approaches. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

With five weeks to go before the election, Donald Trump seems content to double and redouble down on his appeal to the extreme elements of his base, including conspicuous racist and xenophobic undertones. Kamala Harris spent the week laying out detailed economic policy proposals, facing the press, wooing rural and blue-collar voters, and burnishing her credentials as a potential Commander in Chief. A stellar roundtable of Jen Rubin, Stuart Stevens, & Ali Vitali joins Harry to break it all down. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry sits down with Preet Bharara, former United States Attorney for the Southern District of New York and an encyclopedic source about tradition, culture, and current state of play at the Department of Justice. The two have a wide-ranging conversation touching on the threat of Project 2025 to DOJ in particular; the current state of morale, which suffered in the Trump years; fine points of strategy in the DOJ prosecutions of Trump; the Supreme Court’s impact on DOJ practice; and a lot more. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

A superb panel of Jason Kander, Josh Marshall, and Tara Setmayer joins Harry to take stock of a wild & weird week and consider where it leaves us w/ 6 weeks to go. Harris logged two effective interviews, continued to headline boisterous rallies, and swamped Trump in fundraising. Trump continued to stir the pot about pet-eating in Springfield then at week’s end had to deal with fallout from news of ultra-gross online chatter by NC gov candidate Mark Robinson, whom Trump has praised extravagantly. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Harry sits down with Judge J. Michael Luttig, a leading conservative jurist and fierce critic of Donald Trump, the Republican Party, and the Supreme Court. Judge Luttig explains why Trump is the very menace to the Constitution that the Framers feared, and excoriates Republicans in Congress for enabling his authoritarian ambitions. The two move on to 3 pro-Trump Supreme Court decisions that Luttig disparages, singling out for special reproach the Court’s immunity decision, which Judge Luttig characterizes as an "abomination". It’s a hard-hitting, essential discussion with one of Trump’s most formidable conservative critics. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

The debate behind us, we are in the official 50-day homestretch of the presidential campaign. And although Kamala Harris dominated the debate, it’s not clear that it translates into a political edge in the election. A fantastic roundtable of Susan Glasser, Molly Jong-Fast, and Jacob Weisberg join Harry to assess the debate and its aftermath; analyze each side’s subsequent moves and what they reveal, including Trump’s going full-out nasty; and discuss what each side needs to do going forward. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Talking Feds is excited to introduce a new conversation series: 1-on-1s with Harry Litman. This series will drop in your feed every Thursday — in addition to our Monday roundtables — and feature conversations that go in-depth with one special guest. Host Harry Litman will be engaging with all sorts of topics, from law and politics to art and science to sports, history, movies, and more. With the Talking Feds calling card of great guests -- eg Judge Michael Luttig, Scott Galloway, Gina Raimondo, Bill Kristol, Robert Sapolsky, Preet Bharara, and Swati Sharma -- each conversation is sure to be interesting. The first episode will air next Thursday, September 19th. Stay tuned! See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Recorded live at the Texas Tribune Festival Harry, Keith Ellison, Katie Phang, and Ellen Rosenblum examine Kamala Harris’s work as district attorney and attorney general, the potential points of attack it provides to Donald Trump, and what it tells us about what kind of president she'd be. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

An episode focusing entirely on the dynamic, exquisitely close presidential campaign in the wake of the DNC convention. Josh Marshall, Heather Cox Richardson, and Charlie Sykes join Harry to assess whether the convention gave Harris/Walz a lasting bump or just a temporary high; the ticket’s week on the campaign trail, including the CNN interview; more unwelcome headlines for the Trump team over Arlington cemetery & flip-flopping on abortion; plus some broader historical perspectives on the race. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the 300th episode of Talking Feds, coming to you live from the heart of the Democratic National Convention in Chicago! Today’s show celebrates this milestone with an incredible roster of guests who will help us dissect the electric atmosphere and pivotal moments of this historic week. We’ve lined up exclusive interviews with some of the foremost figures in law and politics, providing you with an insider’s perspective straight from the convention floor. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info. Learn more about your ad choices. Visit megaphone.fm/adchoices