In short
The episode covers two new developments tied to Jeffrey Epstein: (1) a House Oversight Committee subpoena release of an alleged Trump-signed birthday card/message from Epstein’s estate (dated 2003), and (2) a New York Times investigation alleging J.P. Morgan enabled Epstein’s sex-trafficking crimes through conflicts of interest and ignored anti-money-laundering warning signs.
Guest backgrounds
Emily Bazelon is a legal writer and author of “Charged: The New York Times…?” (Epstein-focused book referenced as “her version of justice, the Jeffrey Epstein story”). Julie K. Brown is an investigative journalist with the Miami Herald and an Epstein expert; she co-discusses the Times reporting.
Key claims
Trump and allies previously denied the card’s existence; the estate material is presented as chain-of-custody evidence undermining that denial. The Times claims J.P. Morgan processed over $1B in transfers, overrode compliance objections, and continued banking Epstein; it highlights banker Jess Staley’s close ties.
Notable examples
The card’s alleged depiction of a woman and references to “young women”/youth; J.P. Morgan’s alleged wiring of funds into accounts for young women; Staley’s alleged defense of Epstein and yacht/Island connections; bank settlements (e.g., $290M to 200 victims) and secrecy from settlement terms.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOTrump's Alleged Birthday Card to Epstein
2:30 to 6:10
Ari discusses Trump's alleged birthday card to Epstein and the implications of the evidence.
“previously and continues to deny that this is legitimate that donald trump drew that signed it and sent it over to Epstein.”
JP Morgan's Role in Epstein's Crimes
6:10 to 9:20
Analysis of a New York Times investigation revealing JP Morgan's connections to Epstein's activities.
“I think it's going to be embarrassing to some of the billionaires, some of the donors who are politically connected to his campaign.”
Consequences and Legal Implications
9:20 to 14:05
Discussion of the legal ramifications for Trump and Epstein's enablers, including JP Morgan.
“Again, reading from the Times account, bank officials anxious about Epstein's prolific wire transfers and cash withdrawals.”
Unpacking New Evidence in the Epstein Case
15:04 to 15:30
Explore the implications of the latest evidence released regarding Epstein's dealings.
“there's all of the energy around this topic, some of which involves politics and conspiracy theories.”
The Financial Web of Epstein
15:30 to 16:04
Delve into Epstein's complex financial dealings and the implications for justice.
“it would suggest that the president and his allies were not being truthful about the existence of this card.”
Banks and Epstein's Network
16:04 to 16:48
Analyze the relationship between Epstein and high-ranking bank executives.
“And as I understand it, the Treasury Department, the Trump administration, is also blocking Wyden, who is a member of the Senate Finance Committee, from obtaining more of these financial records.”
Trump's Denials and Legal Challenges
16:48 to 19:18
Discuss the impact of Trump's denials on the emerging evidence and lawsuits.
“I'm speaking very precisely because as journalists, we have to be precise when you're talking about possible or alleged criminal conduct.”
The Consequences of Settlements
19:18 to 23:02
Examine the implications of Epstein settlements and the secrecy surrounding them.
“as we're told so many people claim to care, about getting to the bottom of all this and stopping it next time.”
Investigating Bank Involvement
23:02 to 24:21
Explore the involvement of banks in Epstein's activities and the need for transparency.
“We need to find out what the settlement was with the U.S.”
Senator Wyden's Efforts
24:21 to 24:36
Learn about Senator Ron Wyden's push for transparency regarding Epstein.
“he has been a leader on this in terms of trying to get some information early on.”
Show all 18 chapters
The Supreme Court's Influence on Presidential Power
28:00 to 30:01
Explore how the Supreme Court is affecting Trump's powers amidst protests.
“of individuals based on appearance, what amounts to a type of racial profiling, no matter how you debate the wording, which usually I want to tell you is unconstitutional.”
Rhetoric and Constitutional Crisis
30:01 to 31:55
Discuss the rhetorical challenges surrounding the definition of a constitutional crisis.
“We're back with Jason Johnson, politics professor from Oregon State University, MSNBC analyst, and the aforementioned master of rhetoric.”
Federal Powers and Constitutional Limits
31:55 to 34:09
Analyze the implications of federal power expansions and their potential abuse.
“In other words, if she could have a better answer and write it down in a ruling, we'd all say great.”
The Role of Local Governments and Sanctuary Cities
34:09 to 36:33
Examine how local governments respond to federal actions and uphold rights.
“So pretending that we are is it is not how you avoid a constitutional crisis.”
Challenges Facing the Democratic Party
38:27 to 40:48
Discuss the Democratic Party's low approval ratings and upcoming elections.
“Find shoes that get you at prices that get your budget.”
Graham Plattner's Vision for Maine
40:48 to 42:00
Introduction of Graham Plattner and his progressive vision for Maine.
“We're joined now by Graham Plattner, a political newcomer.”
Discussion on Political Leadership and Vision
42:00 to 44:20
Learn about the need for new leadership and vision in the Democratic Party.
“But she won't do all the extreme MAGA stuff.”
Candidate's Real-Life Background
44:20 to 44:51
Discover the personal background of the candidate during the interview.
“I'll say it's different than some of the fancier manicured backgrounds.”
Transcript
Automatic transcript. May contain errors.0:00Emily Bazelon:Watch Disclosure Day at home now with exclusive bonus features. If you found out we weren't alone, if someone showed you, proved it to you, would that frighten you? Well, now the truth belongs to 7 billion people in an original event film directed by Steven Spielberg from a screenplay by David Koepp starring Emily Blunt, Josh O 'Connor, Colin Firth, Eve Hewson, and Coleman Domingo. Find Disclosure Day on major digital platforms now with no subscription required. also in theaters.
0:31Jason Johnson:I'm pretty confident talking into a mic. Hey, I'm doing it right now. But home projects? I second guess everything. Is that noise normal? Is that water damage? Who do I even call? That's where Thumbtack comes in. Just upload a photo or voice note and it uses AI-powered search to match you with the right top-rated local pro. So instead of guessing, you get clarity and can hire with confidence. For your next home project, try Thumbtack. Hire the right pro today. Welcome to The Beat, everyone. I'm Ari Melber. We have two new developments today regarding Jeffrey Epstein. Both involve evidence and facts, not just some of the conspiracy theories that have trailed what is now a long-running saga.
1:12First, under subpoena, we have new material from Epstein's estate, and you're looking at it. This came because of a House subpoena. This is a birthday card or message that Trump allegedly sent to Epstein. There's also a New York Times investigation. You see here how one of the biggest banks in the country, JP Morgan, enabled and at times may have even been tied to many of Jeffrey Epstein's crimes. I have both these stories for you tonight. If it feels like this is building and is a problem for Trump, that's because it clearly is. We begin with the House Oversight Committee and this image. And our point here is not to get mired in what might be the salacious aspects of this, but rather to leave this up for you to remember, if nothing else, Donald Trump and his allies repeatedly publicly denied that what you see with your own eyes here exists.
2:06This was from the Epstein estate. It is allegedly from and signed by Donald Trump, dating back to 2003. the body content the word many have used on about it the obvious representation of a woman here the references to youth young women or even underage women are all contained here now i should note this is as released from the epstein estate to congress the white house has previously previously and continues to deny that this is legitimate that donald trump drew that signed it and sent it over to Epstein. So there you have the updated statement. Trump did not draw the picture and he did not sign it.
2:47But this is under subpoena. Epstein is dead. The documents under control of the estate are overseen now by lawyers and other independent officials. So there's every incentive for them to basically comply with a subpoena and almost no reason or conspiracy theory that could explain why they would risk, for example, breaking the law to concoct evidence to predate and bother Donald Trump. And remember, it's not just this evidence alone, although this is a big deal because it's the first time tonight we've ever had the underlying image of the material. But it dates back to reporting done by Fox News sister outlet, the Murdoch-owned Wall Street Journal, which reported about this back in July, which drew a very strong rebuttal, reaction, and denial from Trump and his allies.
3:39Emily Bazelon:I don't do drawings. I'm not a drawing person. I don't do drawings. I'm not a drawing person. I don't do drawings of women, that I can tell you. They say there's a drawing of a woman, and I don't do drawings of women. President Trump has filed what he calls a powerhouse lawsuit over the Wall Street Journal's
3:58Jason Johnson:Jeffrey Epstein report. Well, that includes alleged details of a bawdy birthday note sent to disgraced financier Jeffrey Epstein. I was a very successful business guy. He was very controversial. Who would do a controversial drawing? Who would do a controversial drawing? The denials, the speculation, the lawsuit, all of that in July when, as you might recall, this was a very hot issue. And maybe they just wanted to buy time, try to get out of the news cycle, try to intimidate or scare people with lawsuits. And we've seen some media companies settle lawsuits, regardless of the facts, just to get out from under the pressure from the Trump White House.
4:35What's different today, and I want to put it back up on the screen in a moment here, when you look at this element, this document, this birthday card, whatever you want to call it that came from the Epstein estate, it is the evidence that undercuts everything claimed by Donald Trump. And while I can't tell you what's going to happen in the lawsuit. When you look at this, this is bad news for Trump's lawsuit. I can tell you that today, based on public evidence as opposed to yesterday, it is far more likely that Trump will lose any effort to continue a lawsuit against the journal when the evidence is right here and his claim is he didn't do it.
5:14But the Epstein estate, the chain of custody, has the very document. Epstein abuser's attorney is saying Trump's hypocrisy has been frustrating for the victims, and they say the president should apologize, presumably for many things, but also withdraw the lawsuit. You'll see at the end here from Mr. Edwards with today's release, referring to the image you just saw, the least Trump could do is, quote, withdraw that lawsuit. Top members of Congress want more transparency. And again, what we're learning from this subpoena, even if it seems obvious or like what people may have believed. The journal obviously already did its fact checking, had multiple sources, had its reasons for going forward.
5:53That's why journalism reporting evidence is different than just talking, especially talking done by politicians. But it is a sign that you're going to need to get the evidence and not just take the denials of the government's word on these things. Now, here's one of the Republicans who has been more straightforward about this saying, we need more disclosure. This was out during the weekend. I think it's going to be embarrassing to some of the billionaires, some of the donors who are politically connected to his campaign. I also think Democrats are going to be implicated in this, Democrat donors.
6:27We can't avoid justice just to avoid embarrassment for some very powerful men. That's really putting it straightforward. forward the actual injustices, evidence and information, and then the so-called embarrassment for the people who may feel tied to this. There are a ton of votes to get this done. Now, if you ever follow Congress, you probably know sometimes there's a lot of votes that are like people wanting to say that they're doing something while they don't get all the way there. They say they're now two votes shy of the needed majority to override the Republican leadership, which is where they were late last week, which raises the question of whether Republicans, most of whom are standing by the secrecy, have kind of cut a deal.
7:10And they have some people obviously breaking ranks, but they know or think they know they're not going to lose this vote outright. We will see. This discharge petition is the technical name. We've been following that. Then there's the other bombshell. And this is one with a lot of work that went into it because credit to the New York Times. We talk on the news sometimes about where information comes from. The Times with a team of reporters and a ton of evidence did an exhaustive investigative report that came out today how one of the top banks in the country, J.P. Morgan, is, their word, enabling Epstein's crimes over the years.
7:43And this is a years-long review they did at the lucrative relationships that tied Epstein to this big bank, to specific bankers, and, this is important, to conflicts of interest, which meant that the usual policies that are supposed to at least kind of, somewhat protect people if things get really obvious, if there's tens of thousands of dollars trading hands in cash or anti-money laundering flags being waived, at some point even lucrative clients are supposed to get cut off. This report is important. I'm going to read to you from it because it shows how in the Epstein case that did not happen.
8:17Here's one section at Epstein's behest. The bank sets up accounts into which he transferred huge sums for young women who turned out to be victims of his sex trafficking operations. So this bank, J.P. Morgan, which is tied, by the way, to both parties, a lot of important relationships, we can get into that. J.P. Morgan then wired his funds overseas, also paying him millions of dollars for what were described as his consulting and introduction services of the other powerful people, mostly men that he knew. Top bank executives, according to the report, did not deal with the clear warning signs about Epstein and the illegal behavior.
8:51And remember, that's not just an ethical issue of do you want to be in business with someone like that? A fair question. It's also a legal issue because there are anti-money laundering and know your customer laws on this. And if you find out enough bad things about the customer, separate from whatever ethics you have or don't have, you have your own legal obligation to the bank to deal with that or cut the customer off or you yourself and the bank could get in trouble. And this bank later paid out money, but not to a degree that affected all the money it made off this. Again, reading from the Times account, bank officials anxious about Epstein's prolific wire transfers and cash withdrawals.
9:29Morgan ultimately processed over a billion, they estimate. They, quote, warned senior management and they tabulate at least four times over five years, quote, the bank's leaders overrode those objections, continuing to serve Epstein. At the center of the reporting is one J.P. Morgan banker, Jess Staley, seen here. He was seen as both associate and friend of Epstein, meaning, and this is the way apparently Epstein cultivated things, they both did business together but also did other things. That includes sailing on a yacht to Epstein's notorious island, and according to the Times account, he was Epstein's chief defender who admitted to having sex with an associate of Epstein.
10:10That individual, this woman, who is anonymous under the reporting here, would later allege in a lawsuit, eventually settled that Epstein sexually abused her for more than a dozen years, forcing her and others to engage in commercial sex with certain select friends. What the Times is doing there is piecing together the problem. This is the kind of article that is carefully written, obviously, carefully reported and very lawyered. So that link there is not alleging, for example, an underage crime with this individual or basically saying that they have their own legal exposure. But it's showing a breakdown that goes to all of the elite support that Epstein got.
10:50And there were, according to the Times, multiple instances where Staley shut down the efforts to hold Epstein accountable. And the bank is not the government. They don't have to prove that he's a criminal. They just have to reach the obvious conclusion, according to this reporting, that there was too much exposure, too much illicit cash and other activities, and that this was not someone they should be banking with. The Times reports that the banker I mentioned during Epstein's jail sentence, Morgan continued wiring money from his accounts to banks in Russia and Eastern Europe, where young women were being drawn into his sex trafficking network.
11:23and that's according to sealed court records. Sealed means there was some arrangement under the government and it could be foreign or domestic to not distribute this. Here we are years later with a lot having gone down and this report credited to the Times has effectively gotten some of the key information out of what were sealed records. Indeed, it wasn't until Epstein was arrested in 2019 that J.P. Morgan then, again under what I mentioned to you, their own legal liability flagged all these suspicious transactions to the feds, but it was all in the past, retroactive. The bank also sued that executive, that case settled confidentially.
12:00But according to the Times account on the key instances here, we never saw those executives fired. And it was also reported within the article that the key leader of the bank across those years, Jamie Dimon, was not informed, was not in the loop about what had been a swelling set of questions about what was a clearly prominent client. Diamond is in that top job to this day. This is the stuff that comes out slowly over time. When we look at the financial pressure, at the political alliances, at the birthday card level relationship between President Trump and the now deceased sex trafficker Jeffrey Epstein, there's a lot of reasons why this stuff doesn't come out.
12:41And yet in a time where people say maybe nothing matters anymore, or is this all just politics, quote unquote, there is something important happening along the way with real lawyers for real victims who we saw speak out recently, with an investigative piece like this, which we can tell you is months in the making. This didn't get uncorked last week. With a lot of other people who still are involved in truth seeking, even in this cynical age, to get what Donald Trump and his cabinet have clearly denied, which is justice and transparency for the victims. We have two special guests on this important story.
13:16We're back together in 90 seconds.
13:21Emily Bazelon:Watch Disclosure Day at home now with exclusive bonus features. If you found out we weren't alone, if someone showed you, proved it to you, would that frighten you? Well, now the truth belongs to 7 billion people in an original event film directed by Steven Spielberg from a screenplay by David Koepp starring Emily Blunt, Josh O 'Connor, Colin Firth, Eve Hewson, and Coleman Domingo. Find Disclosure Day on major digital platforms now with no subscription required. Also in theaters.
13:52Jason Johnson:I'm pretty confident talking into a mic. Hey, I'm doing it right now. But home projects? I second-guess everything. Is that noise normal? Is that water damage? Who do I even call? That's where Thumbtack comes in. Just upload a photo or voice note and it uses AI-powered search to match you with the right top-rated local pro. So instead of guessing, you get clarity and can hire with confidence. For your next home project, try Thumbtack. Hire the right pro today.
14:21Emily Bazelon:She loves it freezing. She loves it hot. The pod by 8sleep ends the argument for good with independent temperature zones that keep both of you sleeping deeper. Try it at 8sleep.com.
14:40We're back with the New York Times Magazine's Emily Bazelon, a legal writer, and Julie K. Brown, investigative journalist with the Miami Herald, part of a series of reporting that has busted open this case wide open. She's considered an expert on Epstein long before this became such a national matter of political intrigue. She's the author of her version of justice, the Jeffrey Epstein story. Welcome to both of you. Julie, as I mentioned, and I think viewers are aware, there's all of the energy around this topic, some of which involves politics and conspiracy theories. And then there's the actual people involved in the evidence.
15:19What does this release today tell you about some of the evidence? The fact that the state didn't really take every measure they could to fight it, they handed some stuff over. And on this core evidence question, not the wider crimes, it would suggest that the president and his allies were not being truthful about the existence of this card. Well, I think what this shows in the Times' excellent investigative piece today shows that this is just the tip of the iceberg with his financial. His financial dealings were a complex web of companies. He had shell companies in the U.S. Virgin Islands. He was able to obtain massive tax breaks in the USVI.
16:03And all the things that we need to know about Epstein are contained in his financial records. And as has been talked about before, Senator Ron Wyden has been trying to get from the Treasury Department more information, his SARS reports, all the flags that the banks have since called to the government's attention, all the information that the Treasury might have about him. And we need to look at that. And as I understand it, the Treasury Department, the Trump administration, is also blocking Wyden, who is a member of the Senate Finance Committee, from obtaining more of these financial records. And Julie, when you look across the Times reporting, it's clear that Epstein had one or more of these bank executives involved in his dealings.
16:57I'm speaking very precisely because as journalists, we have to be precise when you're talking about possible or alleged criminal conduct. But, for example, there are people in Epstein's circle, I read one of the quotes, who later said they were a victim, and there's a lot of evidence to back that up, who had relations with the banker. How do you view that in terms of Epstein's M.O.? And does it suggest a conflict or worse, being subject to potential blackmail for a banker at one of the top banks in the country? I think that Epstein manipulated a lot of people. And obviously, this story today shows that the bankers were among them.
17:40I mean, he had a very highly placed individual at J.P. Morgan, Jess Staley, who advocated for him time and time again, even after his conviction or rather his plea deal that he made in 2008, which basically let him have immunity for some very serious sex crimes. against children. So even after that, he was able to rebuild his reputation and also his finances, by the way, they enabled him to get very wealthy again so that he was able to resume doing some of the sex trafficking that he had been conducting even before he went to jail the first time. So this is this is something that the bank, you know, they conspicuously had no comment to this story that the Times did today.
18:29And I think that the bank needs to be more forthcoming about why they did this and what steps have they taken since this happened. Emily, your thoughts on this, and we are familiar with follow the money in politics and government. Obviously, it's going to apply to these kind of banks. Is it important to also ask, and I mentioned some of these banks, Most of these banks, but J.P. Morgan in particular, they have ties to top Republicans and Democrats. This is how the system has worked. Even if you want to be very precise and say the article doesn't tell you whether this information got to the top then, is one of the questions here, what did Jamie Dimon know and when did he know it?
19:12And do both the customers of that bank and the public, the American people, have a right to know if we care, as we're told so many people claim to care, about getting to the bottom of all this and stopping it next time.
19:24Emily Bazelon:Yeah, I agree with Julie that J.B. Morgan has a lot of questions left to answer, and not commenting today should not be the last time anyone asks those questions. This should be the beginning or the middle of that kind of set of demands to find out more about what's happening. I also think it's interesting that the birthday card came out through a congressional subpoena, So we see Congress demanding information itself and in some ways standing up to the president, which is very unusual in this administration. But the Trump administration did not want this card to come out, denied its existence.
20:01Emily Bazelon:The banking information is coming from my colleagues at The New York Times in this amazing amount of time and energy and resources they put into reporting the story. Clearly, there was information to be gleaned. And if Congress wanted to get to the bottom of this, they're the ones with subpoena power, not the journalists like Julie and my colleagues at The Times who have done so much labor-intensive, difficult work to find out almost everything that we know up until now about the Epstein story. And Emily, how do you view Donald Trump's very loud denials and summer lawsuit stacked up against this material?
20:43Anyone familiar with cases and chain of custody understands this is bombshell damning evidence against Trump's lawsuit because it's sitting there in the Epstein estate's materials and now has been handed over. So it's very probative to the journal article. We could have a full case. I mean, they could go to trial and we could find out what else people say. I can't tell you how the case will end. I could just tell you this is really good for the journal and really bad for Trump. And that lawsuit is still out there right now.
21:16Emily Bazelon:Right. The lawsuit, you know, seems now even more like a kind of bluster where in the short term, you know, you deny the allegations. You hope that people some people believe you and then you kind of wait for the other shoe to drop. Now here's this evidence suggesting that, yes, the journal had its facts right. I agree with what you said earlier that, of course, they vetted this story very carefully because they knew that the president is prone to bringing these kinds of lawsuits and denying allegations. So maybe it was a short term strategy that now is going to kind of fail as a result of the appearance of this evidence.
21:54Emily Bazelon:And maybe there's more that Congress is going to be able to obtain through subpoenas that will contradict things that Trump has been saying. Julie, I want to also read more from the article you both credited. J.B. Morgan paid$290 million to settle a lawsuit brought by 200 of Epstein's victims. They paid an additional$75 million for related cases from the U.S. Virgin Islands where Epstein's crimes took place. The payments, though, were a rounding error for a company that raked in more than$50 billion in profits that year alone. Your thoughts on that aspect of this, Julie? Well, like Emily said earlier, I mean, we have to continue to follow the money trail here.
22:38And there is an awful lot of money exchanging hands here. And what it basically is doing, I reported about this settlement that they had with the U.S. Virgin Islands last year. What it's basically doing is making all this information secret, because what happens when these settlements happen is that all the information goes away and goes into the court file, never to be seen again. We need to find out what the settlement was with the U.S. Virgin Islands, for example, and more information about what happened with the settlement with the banks. The banks also paid millions of dollars as a result of what happened.
23:16But we don't have all the underlying materials about exactly what the banks found out, exactly what was found out by the USVI's attorney general who had criminal information about him and his estate. And his executors, who, by the way, worked for him for a very long time, helping him with all his companies. And as we know, those companies were a friend for sex trafficking. Yeah, I think that's you just landed on that key point. The companies, a lot of the so-called high end relationships, lifestyle, pseudo business dealings were a front for sex trafficking. And that's different from the conspiracy theories about, you know, hostages in basements in D.C.
24:06But it's a very serious and still underreported and underprosecuted issue if some of the biggest banks in the in the country were at least looking the other way, if not at times involved with some of the questionable activities. And so that's where there's a lot more to be done. You mentioned Senator Ron Wyden. he has been a leader on this in terms of trying to get some information early on. We actually invited him on last week, and that invite remains out there if he wants to tell us about how else they're trying to get these documents. It's important stuff. Julie K. Brown and Emily Bazelon, thanks to both of you.
Read the full transcript
24:37Appreciate it. What we have coming up, Susan Collins always seems to have questions for Trump until she goes forward to enable every part of the MAGA agenda. There's a different kind of Democrat who's just got Sanders endorsement trying to take her on. And he's my guest by the end of the hour. Also the new Supreme Court ruling today. We have that. And Trump, where there was no love at the U.S. Open. That's a tennis pun for those of you into tennis. And we're going to show you coming up the big protests.
25:09Jason Johnson:Hey, hey, ho, ho. Donald Trump has got to go. Hey, hey.
25:20Emily Bazelon:When I say free, you say me see. Free. Free. Free. Free. Free. Free. Major protests continue against Donald Trump. We've seen more sustained protests against the first year here of this term than most modern presidents. And yet, at the same time, some of the things that Donald Trump is doing and seizing powers for are still getting backed up by the Supreme Court, which has so many Republican members. The rulings that we're seeing are against this backlash. Massive crowds in D.C., one church ringing its bells in solidarity.
26:00Democrats staging a sit-in, meanwhile, in Missouri at the Capitol, at the U.S. Open. Donald Trump attended the first president to do so in over 20 years, and there was clearly a mixed reaction that included audible boos.
26:35That's just one indicator from sports. Meanwhile, on the streets of Chicago, we saw signs against ICE and Trump's crackdown. An aerial view here of the protests about Trump sending in more federal troops. One sign said Trump must go now. You could see that hovering in the crowd. The Democratic governor speaking out. It's, I believe, a nefarious plan.
26:59Jason Johnson:It's one that's been repeated over and over again by, well, tyrannical dictatorships across history, where you try to incite local population into some mayhem by sending in police or other disruptors and then claim that there's too much mayhem on the ground. And therefore, there must be troops that are sent in. the democrat they're speaking to jen saki and explaining his view of why this is nefarious now there is legitimate ways to enforce immigration laws many countries do that but whether this is an effort at a kind of scare tactics with ice agents emboldened will continue under the supreme court which has gone out of its way to help trump even as he tests new powers just today the supreme court said ice can actually continue roving raids that had been challenged and paused by lower courts.
27:57Part of this includes what is basically the targeting of individuals based on appearance, what amounts to a type of racial profiling, no matter how you debate the wording, which usually I want to tell you is unconstitutional. In a 6-3 opinion, though, the court said that ICE can continue to do that for now and also allowed Trump to oust an FTC commissioner despite a federal law that prohibits presidents from doing that without cause. You take it together and you actually see something pretty rare, which is sustained street protests against a president who doesn't have any kind of good approval.
28:32He's underwater. Most people oppose him and what he's doing, even though he won an election. And yet the court is going out of its way, sometimes on a fast or emergency basis, to help the unpopular president with new powers that, remember, this MAGA court did not extend when there were Democrats in the White House. Here is Trump appointee Barrett discussing why she still doesn't think we're close to a constitutional crisis.
28:57Emily Bazelon:How will we know if we're in a constitutional crisis as American citizens? Like, what would that look like? Because honestly, if you're just a busy person going about your day and you see a lot of headlines that we're in a constitutional crisis, it's like, OK, how will we know that? What would that look like? Well, look, I think the Constitution is alive and well. And I think that I don't know what a constitutional crisis would look like. I don't think that we are currently in a constitutional crisis. Justices are known more for their writing than speaking extemporaneously, and that's perfectly fine.
29:34As a matter of rhetoric, if you don't know what something looks like, then how would you know if you're in it? and maybe we should all be pretty concerned about how to define the constitutional crisis if it comes so we can face it, it would certainly involve a president openly agitating to stay in office past their constitutional limits, which is something we've heard the president wants to do. We just don't know if he's going to actually try it. Jason Johnson is here. He is good at rhetoric after the break.
30:11We're back with Jason Johnson, politics professor from Oregon State University, MSNBC analyst, and the aforementioned master of rhetoric. Can add that to your compliments, sir. Your thoughts on what I mentioned, which is in normal times, the Supreme Court goes slowly. We've seen them when they want to go slow. It helped Donald Trump when they sped certain things up, but we've seen them when they choose to go slow. And so they're jumping in not to leave the lower courts the way they are, but to often override in Trump's favor while there is a big, noticeable populist uprising against these tactics, many of which were not things that he strongly campaigned on.
31:01Jason Johnson:Yeah, the thing is, Ari, the court can move slow. The court can move quick. They move quick when they feel like it. And many of them, not just because Trump put them on the court, but because they agree with a lot of his authoritarian tendencies. They're stepping in, whether it's through sort of pocket rulings or directly, and making things easier for him to remake the country however it is that he wants. And I think it was really telling in that last interview when Justice Barrett is like, well, I don't know if we're in a constitutional crisis or not. You know, first off, there are many scholars who can explain to her what a constitutional crisis is.
31:35Jason Johnson:But more importantly, if the weatherman can't tell me when it's raining, maybe I shouldn't trust what you have to say. And that's the situation we're in right now where the court will have any kind of ruling that agrees with Trump. Let's slow down on that point, because I meant what I said, that if she wasn't ready for the question and didn't have a great answer, that's not the test of a judge. In other words, if she could have a better answer and write it down in a ruling, we'd all say great. But the term constitutional crisis has become coded for is this all messed up or not? And her interviewer was kind of saying, hey, this isn't that messed up.
32:10Right. Like, you know, don't believe the hype. It's not a constitutional crisis. And then she says, I don't know, but yeah, it's not. And so, of course, that itself is concerning because there being guardrails shouldn't be coded for anything other than enforce the guardrail. I don't care what party the president is. If AOC is elected and says that her quasi socialist agenda means she can send troops anywhere to do anything, anytime, send the troops into every hedge fund without due process. You know what I'd say then? I'd say that's not how the federal troops work. I don't care what the agenda is.
32:49Jason Johnson:That would be the kind of answer that we would want. Right. That's that's kind of my point that it's something as basic as constitutional crisis. I don't care if you're writing it down. I don't care if you're reciting it. I don't care if you're spoon feeding it to a baby. It's the it's the bread and butter of being a Supreme Court justice. And I will say this as as a layman, I always say, you know, I'm not a lawyer. I don't play one on television. But if the Supreme Court can rule that racial profiling and using race is OK to randomly kidnap people off the street, but using race as a factor to determine whether or not someone has overcome specific difficulties in order to get into college, that's where race is a problem.
33:25Jason Johnson:But it's OK to pull people off the street for speaking Spanish and hanging out outside of Home Depot. That, to me, is a crisis. That is a crisis in how this country functions. And her inability to articulate that, whether in that moment or when she does articulate in her rulings in problematic ways, that is why the vast majority of countries from D.C. to Chicago to Boston are protesting against this administration. Yeah. And you have that uprising. And we've seen a few honest conservatives say, wait, federal power with no protection and due process. Not conservative, probably unconstitutional.
33:58Right. Emergency powers exist for real emergencies, not for made up wars. The president got slapped out in court recently because we're not we're not in a hot war with Venezuela. So pretending that we are is it is not how you avoid a constitutional crisis. Interestingly, Republican Rand Paul was talking about this and this was just an audio interview. I don't know if even you know, it's funny. I don't want to over psychoanalyze. But like what he said at a big town hall meeting in front of a bunch of angry Republicans, I don't know. But in a in a calm podcast, he said the founders wanted these checks.
34:32Congress and the courts were supposed to be a check on avoiding a king-like president, and that he observed and credit to him that his own party would be failing that constitutional founder's standard. Take a listen.
34:49Emily Bazelon:And so the way our government is directed is to try to, as Madison said, pit ambition against ambition. But I think they never imagined that we'd have a Congress without any ambition. We just basically said, oh, President Trump, go ahead and just do what you want. And there's a problem with that. He's declared an emergency to raise taxes. I said, oh, we don't pay the taxes. We pay the taxes. The Constitution says taxes originate in the House. And, you know, this one just originated with the president with not even a confirmation by the House or the Senate. That's from an all-in podcast on video.
35:23Whether he would say that, you know, in the district or in his case in the state. I don't know, but it's a fair point. And he seems to be calling out Republicans in Congress who he views as abdicating their own role against Trump.
35:40Jason Johnson:Advocating their role, not acting as a a check on his power, but just being a rubber stamp. And Ari, the problem is, what does that result in? Well, when you don't have functional checks, when Congress doesn't do its job, when the Supreme Court doesn't do its job, when agencies have been captured, that's when you end up with cities like Chicago and cities like Washington, D.C. having to take matters into their own hands. And here's the thing, Ari, you don't have to be a constitutional scholar to understand this. In Chicago, look, it is common sense, right? Common sense. People understand that they have to defend themselves and defend the democracy of their city.
36:16Jason Johnson:So even if you don't understand all the nuances of everything that's being said, you still have a city and a governor that are saying, look, we won't impede you from working as ICE, but we don't have to help you. And we are allowed to have sanctuary cities. So when regular people understand what their rights are, but the Congress and the Supreme Court basically sits back and says, well, the rights are whatever the president wants them to be. That, to me, is a crisis in our democracy. And that, to me, is a crisis in our Constitution. Yeah. And people can debate what the checkpoint, what the line is that's been crossed.
36:50But as you said, you don't need to be a scholar to go, huh, there aren't usually camouflaged soldiers with weapons of war walking around the Capitol or a given city for no reason. And then, huh, they're only in places where Trump has personal partisan grievances with the political leadership. They're only being used punitively in certain places. Huh, I wonder what's going on. Jason, always good to have you. We're going to fit in a break. When we come back, Bernie Sanders has a plan for beating Susan Collins. You're looking at it. It involves oysters. We'll explain.
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38:46Emily Bazelon:So go ahead, show off a little. Find shoes that get you at prices that get your budget. Head to your DSW store or DSW.com today. DSW, let us surprise you. For all the talk about who's running the country, the president, the Republicans in Congress, there is a lot going on in the Democratic Party. First, the problem, its approval is at its lowest point in decades, something we just asked the head of the DNC about. You're aware you have an approval problem, yes? Well, sure. Right. And we're working on that. But I will tell you, it certainly doesn't, it's not a big enough problem that it's costing us elections.
39:26We're winning elections across the country right now.
39:28Emily Bazelon:And so the reality is, is this upcoming election in 25 and in 26 is going to be a referendum on Donald Trump and the failed policies of the Republican Party. And we're going to make sure that that's the case. An acceptable answer, but also part of the problem, according to many Democrats, that it should only be a Trump referendum. What about an affirmative vision? Well, our next guest, Graham Plattner, comes from the school of populism and doing something different. a military veteran, an oysterman who wants to take on Susan Collins, the famously MAGA supportive Maine senator who always does a dance about maybe not supporting some Republican initiative.
40:07There are three Democrats in the primary, and D.C. Democrats and Chuck Schumer are not supporting Plattner in favor of at least interest in some of the other candidates. But he did get the Bernie Sanders nod.
40:21Jason Johnson:We can take back the wealth that belongs to us, that has been stolen by corrupt politicians and the corporations that bought them. And let me thank your next United States Senator Graham Plattner. Senator Collins has won election five times all the way back from 96. Democrats clearly have not found the right candidate to take her on and her faux MAGA moderate vibes. We're joined now by Graham Plattner, a political newcomer. Welcome. Thanks a lot for having me, Ari. Great to have you. We are very interested in new voices these days. What are you running on? And is it different than Democrats in the past?
41:09Jason Johnson:Yeah, I think it's, well, different in the sense that it's different from the Democratic Party of the recent past. At its core, I think that we really need to return to being a party of labor unions, returning to being a party that fights for big, structural, courageous change that's going to materially improve the lives of working people. And that is a party that, frankly, I think a lot of people still do remember. There is still a loyalty to, but it is not a party that I have certainly seen in recent history. Susan Collins makes the pitch to Maine that she'll give you the part of the Republican platform that some people want, including economic conservatism or lower taxes.
42:00But she won't do all the extreme MAGA stuff. We call it like we see here. I reminded viewers that a lot of times she also enables the extreme MAGA stuff. But as someone who would potentially run against her in the general, what will you tell Maine voters about her?
42:18Jason Johnson:Well, in many ways, it's more what I'm going to tell Maine voters about myself and my platform. I mean, truthfully, I think that we need to get back to a politics where we give people something to believe in. And we do that both by creating a movement. We do it by, frankly, old school campaigning of getting people involved. We also do it by exciting them with legitimate policies that are going to improve the lives of working people in the state of Maine. And for me, running on Medicare for all, running on policies to actually fix the affordability crisis in this country, which primarily exists because we have allowed the accrual of an immense amount of wealth and power amongst the highest echelons of the strata in this country.
43:07Jason Johnson:and that is something that can be changed. We got here because of very specific policy and we can get back to a different world with those policies as well. And so for me, it's less about what I'm against and it's far more about what I'm for. Would you support sort of the ongoing Democratic leadership? If you were elected to the Senate, would you support Schumer to continue on as leader? No, no. I think in this moment, it is very clear that we need leadership that has vision and also is willing to fight. And I have not seen that. And in many ways, I think that the straits we find ourselves in right now come from the lack of those things.
43:57Jason Johnson:I think it is a little bit silly to look at the straits that we find ourselves in as a country and think that the people that allowed this to happen are the ones that are going to get us out of the mess. We need a new playbook. We need new leadership. And frankly, we need a new vision for what the Democratic Party should be. Yeah, I'm running out of time, but we'll take your shot in full. I'll say it's different than some of the fancier manicured backgrounds. Tell us where you You are keeping it real. I am at my brother's house because we have been on the road all day and we needed Wi-Fi for this interview.
44:33Jason Johnson:So I had to impose on my brother and his young family to use their extra room, which is also, from what I can tell, where they put a lot of their children's toys. So, hey, I think a lot of people know, you know, you take the space where you can. Graham Platter, really interesting to hear from you and what you're doing something different. Thank you. I want to tell viewers we did invite Senator Collins to come on the beat as well. And we will be right back. The weeknight starts now.
45:02Emily Bazelon:Hi, I'm Angie Hicks, co-founder of Angie. And one thing I've learned is that you buy a house, but you make it a home. Because with every fix, update, and renovation, it becomes a little more your own. So you need all your jobs done well. For nearly 30 years, Angie has helped millions of homeowners hire skilled pros for the projects that matter. From plumbing to electrical, roof repair to deck upgrades. So leave it to the pros who will get your jobs done well. Angie, the one you trust to find the ones you trust. Find a pro for your project at Angie.com.
From the publisher
September 8, 2025; 6pm: House Democrats posted an image of a birthday image President Trump allegedly sent to Jeffrey Epstein in 2003. Plus, a New York Times investigation exposes how a major bank “enabled” Epstein. MSNBC’s Ari Melber reports on both bombshell developments and is joined by Emily Bazelon, Julie Brown and Jason Johnson to discuss.
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