The Oath and The Office - Corey Brettschneider and John Fugelsang

Latest Episodes:

The War That Didn’t End When We Thought: (with historian Michael Vorenberg) May 28, 2025

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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.

Supreme Threats (with Melissa Murray) May 21, 2025

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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.

The Rule of Law Under Siege: Judge Dugan Indicted, Roberts' Weak Trump Rebuke, Habeas Corpus Crisis May 14, 2025

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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.

Bad Vibes & Broken Oaths (with Leah Litman) May 07, 2025

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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.

100 Days of Democratic Destruction: Trump, Executive Orders, and Constitutional Crisis Apr 30, 2025

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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.

Lady Justice vs. Trump 2.0: (with Dahlia Lithwick) Apr 23, 2025

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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.

Trump’s Coup Continues: Supreme Court Defiance and the Ivy League Showdown Apr 16, 2025

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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

Skadden Folds. The Court Wavers. Trump Advances Apr 10, 2025

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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.

Who Can We Trust to Uphold the Constitution? Apr 03, 2025

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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.

Capitulation or Courage: The ACLU's Fight for Non-Citizens' Rights Mar 27, 2025

Show notes

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.

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