Talking Feds

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.