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.

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/1324006277Please write a note or send feedback to corey.brettschneider@gmail.com or ‪@democracyprof.bsky.social‬

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.

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.

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.

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-edin 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 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.

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 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.

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